Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Legislation. The Committee recalls that section 246 of the Labour Code provides for equal remuneration for employees for work of equal value, irrespective of their origin, nationality, sex and age. The Committee hopes that the draft new Labour Code that is currently being formulated will be adopted soon and will give effect to the Convention in the same way as the current Labour Code.

Article 2 of the Convention. Collective agreements. In its previous comments, the Committee noted that clause 42 of the general collective agreement is more restrictive than the principle of equal remuneration for men and women for work of equal value laid down in the Labour Code and the Convention, as it provides that wages for men and women workers shall be equal under “equal conditions of work, length of service and professional qualifications”. In its report, the Government confines itself to recalling that, as the principle of equal remuneration for men and women workers for work of equal value is set out in the Labour Code, all enterprises are bound to ensure that it is applied, and adds that the collective agreements in force set the same remuneration rates for workers of both sexes performing the same work. In this regard, the Committee recalls that the principle set out in the Convention goes beyond equal remuneration for “equal”, “similar”, “the same” or “substantially similar” work, as it includes comparison between jobs that are different but which are of equal value and therefore involves the use of objective evaluation methods to determine the value of jobs. The Committee once again requests the Government to take the necessary measures to encourage the social partners to include a clause establishing the principle of equal remuneration for men and women for work of equal value in the general collective agreement when it is renegotiated. In the absence of information on this point, the Committee once again requests the Government to indicate whether, pursuant to section 379 of the Labour Code, it is planned to revise the clauses of the general collective agreement that relate to wages and occupational classifications, and to provide a copy of any appendices to the agreement that establish occupational classifications for each sector of activity.

Article 4. Collaboration with the social partners. The Committee notes the Government’s indications that collaboration with the social partners takes place within the framework of the High Committee for Labour and Social Security and the National Social Dialogue Council. The Committee requests the Government to indicate whether matters relating to the implementation in practice of the principle of equal remuneration for men and women, particularly through the objective appraisal of jobs based on appropriate methods, have been addressed by these bodies or in the context of other consultations with the social partners. The Committee once again requests the Government to provide information on any activities undertaken by workers’ and employers’ organizations to familiarize their members with the principle laid down in the Labour Code and the Convention and to promote its application in practice.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, labour inspectors encourage employers during inspections to give effect to the principle of equal remuneration and have not reported any complaints of discrimination in relation to remuneration. As no society is free from discrimination, the Committee also recalls that, in addition to the adoption of legislation to apply the principle set out in the Convention, it is also important to address the deep-rooted and persistent causes of wage discrimination which exist in all countries to varying degrees. Sexist stereotypes (which are based on a traditional view of the respective roles of men and women on the labour market and in society, particularly in relation to family responsibilities) and occupational segregation (which channels workers into certain sectors and occupations, based on their gender) are still the main obstacles to the application of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 712–714). With reference to the comments that it has been making since 2006, the Committee once again requests the Government to provide information on the resources and tools made available to labour inspectors to enable them to identify wage discrimination and unequal pay between men and women and to provide advice on the best means of bringing such inequality to an end in practice, as well as information on any penalties imposed and compensation ordered. The Committee would also like to be provided with information on the measures taken or envisaged to raise awareness among the public at large and the social partners concerning the principle set out in the Convention.

Statistics. The Committee once again requests the Government to provide all available statistical information, disaggregated by sex, on the employment of men and women in the various sectors of activity and occupations, including the public sector, and on their respective earnings.