Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Repetition

Article 2 of the Convention. Minimum wage. Referring to its previous comments, the Committee notes the Government’s repeated statement, in its report, that future amendments to the National Minimum Wage Act will extend its coverage to the workforce that is currently excluded, including establishments with less than 50 employees, so that women are not discriminated against or disproportionately impacted in the implementation of the national minimum wage. Noting the Government’s indication that, on 27 October 2017, a Tripartite Committee on National Minimum Wage was established in order to recommend a new national minimum wage for all sectors of the economy, the Committee notes the adoption, on 18 April 2019, of the National Minimum Wage (Amendment) Act which increases the national minimum wage for workers in the private and public sectors. The Committee however notes with regret that despite its repeated statements, the Government did not seize this opportunity, as this was already the case in 2011, to extend the coverage of the national minimum wage to all workers. It notes more particularly that section 4(1) of the new Act still excludes certain workers from its coverage, including those in establishments with less than 25 employees, workers employed on a part-time basis, workers paid on commission or piece rate and workers in seasonal employment such as agriculture. Recalling that women predominate in low-wage employment, the Committee asks the Government to provide information on the extent to which women are impacted by the exclusions from the national minimum wage provided for under the National Minimum Wage (Amendment) Act, 2019, as well as on any steps taken to address the consequences of such exclusions in practice. It further asks the Government to take the necessary steps to extend the scope of the national minimum wage to those sections of the workforce currently excluded from its coverage, and to provide information on any difficulty experienced and progress made in that regard.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Government indicates that the Ministry of Labour and Employment established a monitoring unit in the Trade Union and Industrial Relations Department to monitor the implementation of the agreed wage structure and collective bargaining agreements and ensure that social partners are in compliance with collective agreements. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on any measures taken, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration for men and women for work of equal value through collective agreements. It asks the Government to provide summaries of the provisions on wages determination and equal remuneration for men and women for work of equal value that have been included in collective agreements, and on any assessment made of their implementation, including by the monitoring unit established in the Trade Union and Industrial Relations Department. The Committee further asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Article 3. Objective job evaluation. The Government previously indicated that it had accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. The Committee notes the Government’s indication that the Office of the Head of the Civil Service of the Federation (OHCSF), which is in charge of job evaluation in the public service, has been requested to provide information on the steps and measures taken to redesign the job evaluation scheme to provide for equal remuneration for work of equal value and that information will be provided once feedback is received. The Committee trusts that the Government will be soon in a position to provide information on the measures taken to ensure that the principle of the Convention is taken into consideration in the redesign of the job evaluation scheme in the public service, in particular that it does not only provide for equal remuneration for “equal”, “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. It asks the Government to provide information on the job evaluation scheme established, the occupational categories determined and their remuneration levels, as well as statistical data on the distribution of women and men in each occupational category in the public sector. In light of the gender pay gap especially in the private sector, the Committee also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Monitoring and enforcement. The Government indicates that workers’ organizations constantly train, educate and sensitize their members on their rights at work and how to seek redress when such rights are violated. The Government adds that the Human Rights Commission also conducted campaigns on labour rights and enforces such fundamental human rights in the country. Noting the lack of information provided on the content of such awareness-raising and training activities and their potential impact on the implementation of the principle of the Convention as well as on any case of pay inequality that would have been dealt with by the competent authority, the Committee recalls that no society is free from discrimination and that the absence of complaints on gender-based pay discrimination mentioned by the Government is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 870). It further notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) was concerned at reports that women’s access to justice is often impeded by insufficient budget allocations for legal aid, alleged corruption and stereotyping within the judiciary (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 13). The Committee asks the Government to provide information on the measures taken to raise public awareness of the principle of the Convention, the procedures and the remedies available in order to ensure that in practice complaints concerning pay inequality can be lodged successfully. It asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the courts, or any other competent authority, as well as on the sanctions imposed and the remedies granted. It further asks the Government to provide information on any activity undertaken to enhance the knowledge and understanding of the competent authorities, including judges, labour inspectors and other public officials of the principle of equal remuneration between men and women for work of equal value.