Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Repetition

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. For many years, the Committee has been drawing the Government’s attention to the fact that article 43(a) of the Constitution does not fully reflect the principle of the Convention as it only guarantees “equal wages for equal work”. Referring to its previous comments where it noted that a draft General Labour Act had been prepared and submitted to the Office for comments, the Committee notes with interest the adoption of the Labour Code through Act No. 6/2019 of 16 November 2018, and notes that the provisions on equality and non-discrimination apply to public sector employees (section 3). It notes, in particular, that section 22(1) of the Labour Code provides for equal working conditions for men and women, in particular with regard to pay, and that section 234(5) provides that “all workers of the same company under identical contractual conditions are entitled to receive equal pay for work of equal value, any wage discrimination being prohibited”. The Committee wishes to point out that while the new provisions guarantee “equal pay for work of equal value”, the formulation used under section 234(5) of the Labour Code which requires “identical contractual conditions” is narrower than the principle of the Convention. It recalls that while factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for “equal”, “the same” or “similar work”, but also addresses situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on fundamental Conventions, paragraphs 676–679). Furthermore, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same company, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraphs 697 and 698). Regretting that the adoption of the Labour Code has not been taken as an opportunity to give full legislative expression to the principle of the Convention, the Committee asks the Government to consider amending section 234(5) of the Labour Code to ensure that when determining whether two jobs are of equal value: (i) the overall value of the job is considered without limiting the comparison to «identical contractual conditions», and the definition allows for the jobs of an entirely different nature to be compared free from gender bias; and (ii) the scope of comparison goes beyond the same company. The Committee also asks the Government to provide information on the practical application of article 43(a) of the Constitution and sections 22(1) and 234(5) of the Labour Code, including any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded. It asks the Government to provide information on any awareness-raising activities undertaken on the new legislative provisions and the principle of the Convention, including in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Assessing and addressing the gender wage gap. The Committee has repeatedly emphasized the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to be in a position to assess the application of the Convention by adequately evaluating the nature, extent and causes of the gender wage gap. The Committee once again notes with regret the absence of information provided by the Government in this regard. It notes that, according to the last available statistical information, women are more often affected by poverty than men (71.3 per cent and 63.4 per cent, respectively, in 2010). Furthermore, in 2012, the women’s labour force participation rate was nearly twice as low as men’s (41.3 per cent and 75.4 per cent, respectively), with women being mostly concentrated in low-qualifications jobs such as unskilled labour force (71 per cent), domestic workers (94 per cent) and services or trade (58.9 per cent of women). It further notes that women are mostly working in the informal economy, which affects 75.7 per cent of the economically active population, characterized by low wages and the lack of social protection. The Committee notes that the Decent Work Country Programme (DWCP) for 2018–21, adopted in July 2018, sets as a specific objective the promotion of productive employment for all, in particular for young people and women, including by raising awareness and encouraging transition from informal to formal economy, enhancing women’s entrepreneurship and access to vocational training, as well as strengthening the National Statistics Institute (INE). Noting that a National Statistical Development Strategy (ENDE) for 2018–21, adopted in February 2018, is currently implemented, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). Consequently, the Committee asks the Government to provide information on any measures undertaken to assess and address the gender wage gap, both in the formal and informal economy, in the framework of the DWCP or otherwise. The Committee trusts that the Government will be soon in a position to provide relevant information that would permit an assessment of the remuneration levels of men and women and wage differentials. It again asks the Government to provide updated information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. In response to the Committee’s long-standing indication that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Government reiterates, in its report, that social partners play an important role in the effective implementation of international standards and national legislation. The Government adds that a revision of Act No.1/99 on the National Council for Social Dialogue (CNCS) is planned. The Committee notes that the DWCP for 2018–21 sets as a specific objective the strengthening of the CNCS and other institutions of social dialogue, as well as capacity-building of the tripartite constituents to promote, inter alia, gender equality and non-discrimination. The Committee asks the Government to provide information on any progress made in the revision of Act No. 1/99 on the CNCS, as well as on any capacity-building activities of employers’ and workers’ organizations undertaken, in the framework of the DWCP or otherwise, to promote gender equality and non-discrimination. In light of the absence of legislation giving full expression to the principle of the Convention, the Committee again asks the Government to seek the cooperation of employers’ and workers’ organizations with regard to the amendment of the legislative framework, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. It asks the Government to provide information on any progress made in this regard.