Equal Remuneration Convention, 1951 (No. 100) - Niger (RATIFICATION: 1966)

CMNT_TITLE

Article 1(a) of the Convention. Additional emoluments. Public service. The Committee recalls that under Decree No. 60-55/MFP/T of 30 March 1960 regulating the remuneration and material benefits of officials in state public administrations and establishments, men and women public officials do not benefit from family allowances and other benefits and bonuses on equal terms and it asked the Government to take the necessary steps to ensure that they can do so. Noting the Government’s indication that measures are being taken in the new apparatus to incorporate the possibility in the legislation for women public officials to be entitled to the family benefit, including where both spouses are public officials, the Committee requests the Government to adopt these measures without delay and provide a copy of the relevant provisions.

Article 2(2)(c). Collective agreements. The Committee notes that the Government’s report does not contain any new information on this point. The Committee therefore once again expresses the hope that the Government will take steps to raise the awareness of the social partners regarding the importance of ensuring that collective agreements, particularly the future inter-occupational collective agreement, contain clauses on equal remuneration for men and women for work of equal value and establish the means to implement this principle.

Minimum wages. Job titles. In its previous comment, further to the adoption of Decree No. 2012-358/PRN/MFP/T of 17 August 2012 fixing the minimum wages for occupational categories of workers governed by the inter-occupational collective agreement, the Committee drew the Government’s attention to the need to use neutral terminology to avoid perpetuating stereotypes according to which certain jobs should be done by men and others by women (boy server (barman), gouvernante (housekeeper), aide gouvernante (maid), etc.). Noting that the Government does not provide any information on this point, the Committee once again requests the Government to adopt measures in future reforms, in collaboration with employers’ and workers’ organizations, to ensure the use of gender-neutral terminology for different jobs and occupations in legislation and collective agreements fixing minimum wages.

Enforcement. Labour inspection. The Committee notes the Government’s undertaking to continue, as far as resources permit, to strengthen the institutional and operational capacities of the labour inspectorate, particularly through training in targeted areas. With regard to monitoring of the application of the principle of equal remuneration for men and women for work of equal value, the Committee once again requests the Government to provide information on any specific measures taken to strengthen the capacity of labour inspectors to detect inequalities in remuneration between men and women.

Statistics. While noting the statistical data relating to numbers of women and men officials provided by the Government, the Committee requests the Government to take the necessary steps to collect, compile and analyse information, disaggregated by sex, on the employment of men and women in the private sector and on their respective earnings in the public and private sectors, since these data are essential to enable the Committee to assess the application in practice of the principle of the Convention.

CMNT_TITLE

Article 1(a) of the Convention. Additional emoluments. Public service. In its previous comments, the Committee noted that, by virtue of Decree No. 60 55/MFP/T of 30 March 1960 regulating the remuneration and material benefits of officials in State public administrations and establishments, men and women public officials do not benefit from family allowances and other benefits and bonuses under equal conditions. The Committee notes the Government’s reiteration that a woman public official can benefit from family allowances when her husband is not a public official or is deceased and she therefore becomes the “head of family”. The Committee notes that the Decree of 1960 provides for the payment of family allowances only to public officials who are “heads of family”, and that women are effectively considered as such if their husband is deceased (section 20). The Decree also provides for the payment of higher benefits to public officials who are heads of their family. However, under the terms of the Civil Code currently in force, the head of the family is the husband. The Committee recalls that designating the husband as the head of the family can have adverse effects on women regarding the payment of employment-related benefits such as family allowances. It recalls the possibility of allowing couples the choice of who will receive the benefits rather than assuming that benefits should systematically be paid to the man, and only to the woman in exceptional circumstances. In view of the above, the Committee asks the Government to take the necessary measures to ensure that women public officials can benefit from family allowances and other benefits and bonuses on an equal footing with men public officials and, when both members of a couple are public officials, it invites the Government to examine the possibility of allowing them the choice of who will receive the benefits that supplement their wages.

Article 2(2)(a). Implementation of the principle of the Convention. Legislation. Regarding the application of sections 157–160 of the Labour Code of 2012, which define remuneration and provide for the objective appraisal of jobs and the principle of equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that the regulations of the Labour Code are still being formulated. The Committee requests the Government to provide information on the adoption of any implementing texts for provisions of the Labour Code which give effect to the Convention.

Collective agreements. Noting the Government’s commitment to communicating the relevant extracts of the new inter-occupational collective agreement once it has been adopted, the Committee hopes that the Government will raise the awareness of the social partners of the importance of ensuring that it contains clauses on equal remuneration for men and women for work of equal value and the means for the implementation of this principle.

Minimum wages. Job titles. The Committee notes Decree No. 2012 358/PRN/MFP/T of 17 August 2012, fixing the minimum wages for occupational categories governed by the inter-occupational collective agreement provided by the Government. After examining the occupational categories set out in this Decree in the light of the principle of equality between men and women, the Committee draws the attention of the Government to the fact that it is necessary, when defining different jobs and occupations for the fixing of minimum wages, to use neutral terminology to avoid perpetuating stereotypes according to which certain occupations should be held by men and others by women (boy serveur, barman, gouvernante (governess), aide gouvernante (maid), etc.). The Committee requests the Government to examine the possibility of adopting measures, in collaboration with employers’ and workers’ organizations, to ensure the use of gender-neutral terminology for different jobs and occupations in legislation and collective agreements fixing minimum wages.

Enforcement. Labour inspection. While taking due note of the Government’s indication of the low level of human, material and logistical resources in its 2015 observation on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee recalls the Government’s obligation to ensure the effective application of the principle set out in the Convention, and requests the Government to provide information on the measures taken or envisaged to strengthen the capacity of labour inspectors to detect inequalities in remuneration between men and women.

Statistics. Noting the Government’s indications that the data requested will be provided as soon as possible, the Committee requests the Government to take the necessary steps to collect, compile and analyse information, disaggregated by gender, on the employment of men and women in the public and private sectors and on their respective earnings. These data are essential to enable the Committee to assess the application in practice of the principle of the Convention.

CMNT_TITLE

Article 2(2) of the Convention. Legislation. The Committee notes the adoption of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, of which sections 157 to 160 reproduce the provisions of the former Labour Code of 1996. These provisions define remuneration, provides for the principle of equal remuneration for work of equal value irrespective of origin, sex, age and status, and provide for the shifting of the burden of proof to the employer where there exists serious indicators leading to the presumption of discrimination in relation to remuneration. They also provide that the methods for jobs evaluation shall be based on objective considerations mainly on the nature of the work performed. The Committee asks the Government to provide information on the adoption of any regulations implementing the new Labour Code in relation to the principle of the Convention, as well as information on the practical application of sections 157 to 160 of the Labour Code, including any judicial decision relating to the principle of equal remuneration for men and women for work of equal value.

Public service. For several years, the Committee has been requesting the Government to amend the provisions of the legislation respecting the public service, which are discriminatory towards women in the public service, and particularly those of Decree No. 60-55/MFP/T regulating the remuneration and benefits of officials in state public administrations and establishments, with a view to ensuring, among other objectives, that female officials benefit from family allowances under the same conditions as male officials. The Committee notes the Government’s statement that, by means of Decree No. 2008-244/PRN/MFP/T of 31 July 2008, implementing Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the State public service, all discriminatory provisions towards women public servants have been abolished. However, the Committee notes that Decree No. 2008-244/PRN/MFP/T explicitly provides in section 1 that “in order to implement Act No. 2007-26 […] provisions other than those relating to remuneration, motivation and other material and social benefits allocated to officials and contractual employees of the public service shall be determined by the present Decree”. Indeed the 2008 Decree does not contain any provisions with respect to allowances, benefits and bonuses. The Committee therefore asks the Government to take the necessary measures to ensure that women officials benefit from family allowances and other benefits and bonuses on an equal footing with men. In this respect, it asks the Government to indicate precisely the texts issued under Act No. 2007-26 issuing the general conditions of service of the State public service and determining the rate and conditions for entitlement to family allowances, benefits and bonuses. Please also specify whether Decree No. 60-55/MFP/T, issuing regulations respecting the remuneration and material benefits allocated to officials in state public administrations and establishments, is still in force or whether it has been formally repealed.

Minimum wages. With regard to the regulations respecting minimum wages by occupational category, the Committee recalls that the Government undertook to designate occupations using neutral terms when revising Decree No. 2006 59/PRN/MFP/T determining minimum wages by occupational category. The Government indicates in its report that, irrespective of the term used to designate an occupation, persons of both sexes may apply. Noting the Government’s indication that the 2006 Decree has been repealed and replaced by Decree No. 2012-358/PRN/MFP/T of 17 August 2012, the Committee asks the Government to provide a copy of the 2012 Decree and to specify the manner in which, and the extent to which, the principle of equal remuneration for men and women for work of equal value was taken into account in its adoption.

Collective agreements. The Government indicates that clause 38 of the inter-occupational collective agreement which provides that, “under equal conditions of work, vocational qualifications and performance, wages shall be equal for all workers, irrespective of sex”, is currently under revision. The Committee notes the Government’s indication that the draft text takes into account the concept of “work of equal value”. The Committee hopes that the new inter-occupational collective agreement will contain provisions on equal remuneration for men and women for work of equal value and the conditions for the implementation of this principle, and requests the Government to provide information on the progress achieved in this respect. Please provide relevant extracts from the new inter-occupational collective agreement when it has been concluded.

Enforcement. Labour inspection. The Committee asks the Government to provide information on the inspections carried out and any violations detected by labour inspectors in relation to equal remuneration for men and women.

Statistics. The Committee notes the Government’s indication that it will provide the requested data as soon as possible. The Committee therefore asks the Government to take the necessary measures to compile and communicate information, disaggregated by sex, on the earnings of men and women in the public service (by category) and in the private sector, as such data is essential to enable it to evaluate the application in practice of the principle of the Convention.

CMNT_TITLE

Public service. Noting that the Government merely indicates in its report that it notes the Committee’s comments, the Committee asks it to take the necessary steps in the near future to abolish any provision which discriminates against women in the public service and, in particular, to amend the provisions of Decree No. 60-S/MFP/T and of Act No. 2007-26 of 23 July 2007 establishing regulations governing the civil service to ensure that women receive family allowances on the same terms as men. The Committee asks the Government to provide information on the progress made in this regard.

Minimum wages. In its report, the Government indicates that pursuant to section 149 of the Labour Code, the methods used to determine the levels of remuneration for different occupations are essentially based on the nature of the work they involve. With reference to its general observation of 2006 on the Convention, the Committee reminds the Government that it is important to ensure that the methods used are free of any gender bias, i.e. that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to indicate the manner in which it is ensured in practice that jobs traditionally performed by women are not undervalued and that the principle of equal remuneration for men and women for work of equal value is applied when establishing the minimum wage for each occupational category. Furthermore, recalling the Government’s undertaking to refer to occupations with gender-neutral terms in the event of the revision of Decree No. 2006-59/PRN/MFP/T establishing minimum wages for each occupational category, the Committee asks the Government to supply information on any developments in this respect.

Collective agreements. The Committee notes that the Government reiterates in its report that section 38 of the interoccupational collective agreement states that under equal conditions of work, occupational qualification and performance, wages shall be equal for all workers, regardless of gender. The Committee emphasizes once again that these provisions are more restrictive than those of the Convention, which, like section 148 of the Labour Code, provides that men and women must receive equal remuneration for work of equal value. The Committee therefore asks the Government to take steps to encourage the social partners to revise section 38 of the interoccupational collective agreement to include explicitly the principle of equal remuneration for men and women for work of equal value. It asks the Government to supply information on any steps taken in this respect.

Statistics. The Committee notes the statistics supplied by the Government on the situation of women and men in employment (public, semi-public and private sectors). It notes that according to these data women account for only 30 per cent of public service staff and that only 20 per cent of “category A” officials are women (as at 30 September 2010), whereas they constitute some 60 per cent of “category D” officials. The Committee also notes that women account for only 27 per cent of workers in the semi-public and private sectors, with a combined total staff of 54,010 for all occupational categories (2007 National Employment Agency yearbook of statistics). While welcoming the availability of such statistics to allow a general appraisal of the situation of women in employment, the Committee asks the Government to provide information, disaggregated by sex, on the earnings of men and women in the public service (by category) and in the private sector, these data being essential to enable it to evaluate the application of the principle of the Convention in practice. It encourages the Government to take the necessary steps to collect this information and asks it to provide information on progress made in this regard.

CMNT_TITLE

Public service. The Committee recalls its previous comments on Decree No. 60-S/MFP/T regulating the remuneration and benefits of government officials, which provides that, unless they are heads of household, women must file an appeal with the courts to obtain family allowances. The Committee notes the Government’s reply to the effect that section 180(2) of new Decree No. 2008‑244/PRN/MFP/T of 31 July 2008, issuing implementing regulations for Act No. 2007-26 of 23 July 2007 establishing regulations governing the civil service, rectifies this situation by providing that any female public servant on temporary leave of absence shall receive the full amount of family allowances. However, even though this new provision indicates a degree of progress with regard to the application of the Convention, the Committee considers that it does not resolve completely the unequal legal treatment of men and women in public service with regard to family allowances. The Committee emphasizes the need to ensure equal status of men and women within both the family and society and asks the Government to abolish any provision which discriminates against women in the public service. It also asks the Government to take steps to amend Decree No. 60-S/MFP/T and Act No. 2007-26 of 23 July 2007 establishing regulations governing the civil service to ensure that women receive family allowances on the same terms as men.

Minimum wages. With reference to its previous comments, the Committee notes the clarification from the Government to the effect that Decree No. 2006-58 and Decree No. 2006-59/PRN/MFP/T of 8 March 2006 were adopted with the primary aim of improving the living conditions of men and women workers through an adjustment of the guaranteed minimum inter-occupational wage (SMIG). According to the Government, the fact that certain occupations are designated by masculine or feminine terms in no way signifies the stereotyping of certain occupations as “male” or “female”. Noting the Government’s commitment in the context of the revision of Decree No. 2006-59/PRN/MFP/T establishing minimum wages for different occupational categories, to designate occupations using neutral terms, the Committee asks the Government to supply information on any progress made in this respect. It again asks the Government to supply information on the methods used to determine levels of remuneration for different occupations and to ensure that occupations predominantly held by women are not undervalued.

Collective agreements. The Committee notes the Government’s indication that the revision of the inter-occupational collective agreement of 1972, including section 38, will only take place once the revision of the Labour Code has been completed. The Committee asks the Government to supply information on any new developments in this respect and on the manner in which the principle of equal remuneration for men and women for work of equal value is applied in practice in the sectors and occupations covered by the inter-occupational collective agreement.

Statistics. The Committee again recalls the importance of collecting and sending the most comprehensive statistical information possible, disaggregated by sex, on the distribution of men and women in the public sector, the federal or state civil service and the private sector, their respective salary levels and also the various components of their income. The Committee expresses the strong hope that the Government will make every effort to collect and send statistics in accordance with the general observation of 1998. If the Government is still not in a position to supply such data, the Committee asks it to send all available information and to continue in its endeavours to collect and compile statistical information.

CMNT_TITLE

1. Public service. The Committee notes the indications provided by the Government to the Committee on the Elimination of Discrimination against Women concerning Decree No. 60-S/MFP/T regulating the remuneration and benefits of government officials which provides that, unless they are heads of the household, women must file an appeal with the courts to obtain family allowances (CEDAW/C/NER/Q/2/Add.1, 20 February 2007, page 5). The Committee notes that under the Convention any benefits, allowances or other emoluments paid in addition to the basic salary must be provided to men and women on an equal basis. Noting that the Government also indicated that the General Civil Service Statute would be revised in order to repeal provisions that discriminate against women in the civil service, the Committee asks the Government to provide information in its next report on the progress made in this regard, including indications on the measures taken to ensure that family allowances are available to men and women in the civil service without discrimination.

2. Minimum wages. The Committee notes Decree No. 2006-58/PRN/MFP/T of 8 March 2006, fixing a new hourly interoccupational minimum wage rate. It also notes Decree No. 2006-059/PRN/MFP/T of 8 March 2006, which fixes hourly and monthly minimum wages for different occupations. Noting that the denomination of the different occupations are mainly used in their masculine form, but in some cases also in their feminine form (e.g. “gouvernante”), the Committee asks the Government to ensure that future wage decrees refer to the different occupations and jobs in a gender-neutral manner in order to avoid stereotypes as to whether particular occupations are or should be carried out by a man or a woman. The Committee also asks the Government to provide information on the methods used to establish the wage levels for the different occupations and on the manner in which it is ensured that female-dominated occupations are not undervalued.

3. Collective agreements. The Committee recalls its previous comments concerning section 38 of the interoccupational collective agreement of 15 December 1972. In its report, the Government again states that the concept of “work of equal value” would be taken into account in the forthcoming revision of the agreement. The Government is asked to keep the Committee informed of any developments in this regard.

4. Statistical information. The Committee previously expressed the hope that the Government would make every effort to collect and provide to the Committee statistical data on the earnings of men and women. Noting that the Government was not yet able to provide such data, the Committee asks the Government to do so as soon as possible.

CMNT_TITLE

1. Articles 1 and 2 of the Convention. Application of the Convention’s principle by means of collective agreements. The Committee notes from the Government’s report that the inter-occupational collective agreement of 15 December 1972 has not yet been revised. Recalling that section 38 of the agreement is not in conformity with the Convention, the Committee notes the Government’s commitment to take the concept of "work for equal value" into account in the forthcoming revision of the agreement. The Government is asked to keep the Committee informed of any developments in this regard.

2. Part V of the report form. Statistical information. The Committee notes the Government’s indication that it will supply statistical information that will enable the Committee to assess existing remuneration inequalities between men and women as soon as such information becomes available. The Committee hopes that the Government will make every effort to collect and provide to the Committee statistical data on the earnings of men and women in the private and public sectors.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government’s commitment to take into account the concept of "work of equal value" in the upcoming revision of the inter occupational collective agreement of 15 December 1972, and particularly of section 38, which the Committee found to be in non-conformity with the Convention. With regard to the concept of work of "equal value", the Committee refers the Government to paragraphs 19-21 and 141-152 of its General survey on equal remuneration, 1986. It asks the Government to provide information as to developments in this respect.

2. The Committee notes Decree No. 80-203/PCMS/MFP/T of 6 December 1980, repealing and replacing Decree No. 79-74/PCMS of 26 April 1979, determining the minimum guaranteed inter-occupational hourly wage (SMIG) throughout the territory of the Republic of Niger, irrespective of gender. In this respect, the Committee once again asks the Government to provide copies of the decrees determining the current rates of minimum wages for the various occupational categories.

3. The Committee notes that the Annex to Ordinance No. 9-008 of 27 February 1997, amending Ordinance No. 89-18 of 8 December 1989 issuing the general conditions of service of the public service, entitled "Index scale for public officials", attached to the Government’s report, determines the wages of State officials without distinction on grounds of sex. However, it notes from the statistics provided by the Government that women are systematically and seriously under-represented at all levels of the public service. As at 31 March 2002, women only represented 27 per cent of public employees. The low-level situation of women on the employment market is one of the causes of wage inequalities between men and women. In this respect, the Committee notes the establishment in the Ministry of National Education of a unit responsible for school attendance by girls and for the adoption of a policy with the long-term objective of increasing the low percentage of women in all branches of activities and professional categories. The Committee asks the Government to provide information on the work of this unit and on the measures adopted by the Government for the implementation of its policy, with a view to improving the application of the Convention in practice.

4. The Committee notes the statistics provided by the Government. However, it notes that they do not contain data enabling it to compare both wage scales and the distribution of men and women in each category of employment, with a view to assessing the relative gap between the remuneration of men and women for work of equal value in both the public and private sectors. The Committee reiterates the importance of the Government supplying such statistics, as emphasized in the Committee’s general observation in 1998, and asks the Government to provide such information as soon as possible.

CMNT_TITLE

The Committee notes the Government’s brief report.

1. The Committee notes the Government’s commitment to take into account the concept of "work of equal value" in the upcoming revision of the inter-occupational collective agreement of 15 December 1972, and particularly of section 38, which the Committee found to be in non-conformity with the Convention. With regard to the concept of work of "equal value", the Committee refers the Government to paragraphs 19-21 and 141-152 of its General survey on equal remuneration, 1986. It asks the Government to provide information as to developments in this respect.

2. The Committee notes Decree No. 80-203/PCMS/MFP/T of 6 December 1980, repealing and replacing Decree No. 79-74/PCMS of 26 April 1979, determining the minimum guaranteed inter-occupational hourly wage (SMIG) throughout the territory of the Republic of Niger, irrespective of gender. In this respect, the Committee once again asks the Government to provide copies of the decrees determining the current rates of minimum wages for the various occupational categories.

3. The Committee notes that the Annex to Ordinance No. 9-008 of 27 February 1997, amending Ordinance No. 89-18 of 8 December 1989 issuing the general conditions of service of the public service, entitled "Index scale for public officials", attached to the Government’s report, determines the wages of State officials without distinction on grounds of sex. However, it notes from the statistics provided by the Government that women are systematically and seriously under-represented at all levels of the public service. As at 31 March 2002, women only represented 27 per cent of public employees. The low-level situation of women on the employment market is one of the causes of wage inequalities between men and women. In this respect, the Committee notes the establishment in the Ministry of National Education of a unit responsible for school attendance by girls and for the adoption of a policy with the long-term objective of increasing the low percentage of women in all branches of activities and professional categories. The Committee asks the Government to provide information on the work of this unit and on the measures adopted by the Government for the implementation of its policy, with a view to improving the application of the Convention in practice.

4. The Committee notes the statistics provided by the Government. However, it notes that they do not contain data enabling it to compare both wage scales and the distribution of men and women in each category of employment, with a view to assessing the relative gap between the remuneration of men and women for work of equal value in both the public and private sectors. The Committee reiterates the importance of the Government supplying such statistics, as emphasized in the Committee’s general observation in 1998, and asks the Government to provide such information as soon as possible.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its earlier comments, the Committee notes that sections 32 and 43 of the Decree of 30 March 1960 are no longer enforced, having been fundamentally modified by Decree No. 88-412/PCMS/MP which abolished the distinction that had been made between heads of families and single men and thereby brought the Decree into conformity with the Convention.

2. The Committee notes the Government’s information to the effect that in Niger all workers are covered by the provisions of the Inter-occupational Collective Agreement of 15 December 1972 and that there are no sectoral collective agreements at the moment. In answer to the Committee’s comments concerning the fact that section 38 of the Inter-occupational Collective Agreement of 1972 did not apply the principle of equal remuneration for work of "equal value" embodied in the Convention, the Government indicates that it is examining ways and means of allowing the social partners, through their trade union organizations, to revise the provisions in question in order to bring them into conformity with the ratified Conventions. As regards the notion of work of "equal value", the Committee refers the Government to paragraphs 19 to 21 and paragraphs 141 to 152 of its 1986 General Survey on equal remuneration. The Committee requests the Government to keep it informed of any developments in this regard.

3. The Committee notes the information contained in the table attached to the Government’s report showing the distribution of men and women wage earners by sector, occupational category and sex for the year 1996, and observes that the percentage of women in all sectors and occupational categories remains very low. The position of women in the labour market is one of the sources of inequality in pay between men and women. The Committee requests the Government to indicate the specific measures that have been taken and are envisaged to promote in practice women’s access to employment in the sectors where they are underrepresented or not represented at all, and to promote access for girls to vocational training in such sectors. The Committee also notes the table showing pay scales in the public service which still give no indication of the distribution of men and women in each category. In answer to the Committee’s request to provide statistical data on salary scales applicable in the public service and the distribution of men and women at different levels, the Government indicates that such information is not yet available but that the competent services are under instructions to provide the information required. The Committee hopes that the Government will supply this information as soon as possible.

4. The Committee notes the Government’s information to the effect that the guaranteed minimum hourly wage rate is fixed by decree after consultations with the Labour Advisory Committee, as are the minimum wages for the different occupational categories and the minimum overtime rates and other wage components, and that the texts in question cannot provide any basis for discrimination between the sexes. The Committee requests the Government to indicate whether Decree No. 79-74/PCMS/MFP/T of 26 April 1979 fixing the guaranteed minimum hourly wage rate is still in force and, if not, to transmit the Decree currently in force concerning the guaranteed minimum wage, together with copies of the Decrees fixing current minimum wage rates for the different occupational categories.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  With reference to its earlier comments, the Committee notes that sections 32 and 43 of the Decree of 30 March 1960 are no longer enforced, having been fundamentally modified by Decree No. 88-412/PCMS/MP which abolished the distinction that had been made between heads of families and single men and thereby brought the Decree into conformity with the Convention.

2.  The Committee notes the Government’s information to the effect that in Niger all workers are covered by the provisions of the Inter-occupational Collective Agreement of 15 December 1972 and that there are no sectoral collective agreements at the moment. In answer to the Committee’s comments concerning the fact that section 38 of the Inter-occupational Collective Agreement of 1972 did not apply the principle of equal remuneration for work of "equal value" embodied in the Convention, the Government indicates that it is examining ways and means of allowing the social partners, through their trade union organizations, to revise the provisions in question in order to bring them into conformity with the ratified Conventions. As regards the notion of work of "equal value", the Committee refers the Government to paragraphs 19 to 21 and paragraphs 141 to 152 of its 1986 General Survey on equal remuneration. The Committee requests the Government to keep it informed of any developments in this regard.

3.  The Committee notes the information contained in the table attached to the Government’s report showing the distribution of men and women wage earners by sector, occupational category and sex for the year 1996, and observes that the percentage of women in all sectors and occupational categories remains very low. The position of women in the labour market is one of the sources of inequality in pay between men and women. The Committee requests the Government to indicate the specific measures that have been taken and are envisaged to promote in practice women’s access to employment in the sectors where they are underrepresented or not represented at all, and to promote access for girls to vocational training in such sectors. The Committee also notes the table showing pay scales in the public service which still give no indication of the distribution of men and women in each category. In answer to the Committee’s request to provide statistical data on salary scales applicable in the public service and the distribution of men and women at different levels, the Government indicates that such information is not yet available but that the competent services are under instructions to provide the information required. The Committee hopes that the Government will supply this information as soon as possible.

4.  The Committee notes the Government’s information to the effect that the guaranteed minimum hourly wage rate is fixed by decree after consultations with the Labour Advisory Committee, as are the minimum wages for the different occupational categories and the minimum overtime rates and other wage components, and that the texts in question cannot provide any basis for discrimination between the sexes. The Committee requests the Government to indicate whether Decree No. 79-74/PCMS/MFP/T of 26 April 1979 fixing the guaranteed minimum hourly wage rate is still in force and, if not, to transmit the Decree currently in force concerning the guaranteed minimum wage, together with copies of the Decrees fixing current minimum wage rates for the different occupational categories.

CMNT_TITLE

The Committee takes note of the information provided by the Government in its report.

1. With reference to its earlier comments, the Committee notes that sections 32 and 43 of the Decree of 30 March 1960 are no longer enforced, having been fundamentally modified by Decree No. 88-412/PCMS/MP which abolished the distinction that had been made between heads of families and single men and thereby brought the Decree into conformity with the Convention.

2. The Committee notes the Government's information to the effect that in Niger all workers are covered by the provisions of the Inter-occupational Collective Agreement of 15 December 1972 and that there are no sectoral collective agreements at the moment. In answer to the Committee's comments concerning the fact that section 38 of the Inter-occupational Collective Agreement of 1972 did not apply the principle of equal remuneration for work of "equal value" embodied in the Convention, the Government indicates that it is examining ways and means of allowing the social partners, through their trade union organizations, to revise the provisions in question in order to bring them into conformity with the ratified Conventions. As regards the notion of work of "equal value", the Committee refers the Government to paragraphs 19 to 21 and paragraphs 141 to 152 of its 1986 General Survey on equal remuneration. The Committee requests the Government to keep it informed of any developments in this regard.

3. The Committee notes the information contained in the table attached to the Government's report showing the distribution of men and women wage-earners by sector, occupational category and sex for the year 1996, and observes that the percentage of women in all sectors and occupational categories remains very low. The position of women in the labour market is one of the sources of inequality in pay between men and women. The Committee requests the Government to indicate the specific measures that have been taken and are envisaged to promote in practice women's access to employment in the sectors where they are underrepresented or not represented at all, and to promote access for girls to vocational training in such sectors. The Committee also notes the table showing pay scales in the public service which still give no indication of the distribution of men and women in each category. In answer to the Committee's request to provide statistical data on salary scales applicable in the public service and the distribution of men and women at different levels, the Government indicates that such information is not yet available but that the competent services are under instructions to provide the information required. The Committee hopes that the Government will supply this information as soon as possible.

4. The Committee notes the Government's information to the effect that the guaranteed minimum hourly wage rate is fixed by decree after consultations with the Labour Advisory Committee, as are the minimum wages for the different occupational categories and the minimum overtime rates and other wage components, and that the texts in question cannot provide any basis for discrimination between the sexes. The Committee requests the Government to indicate whether Decree No. 79-74/PCMS/MFP/T of 26 April 1979 fixing the guaranteed minimum hourly wage rate is still in force and, if not, to transmit the Decree currently in force concerning the guaranteed minimum wage, together with copies of the Decrees fixing current minimum wage rates for the different occupational categories.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its observation, the Committee notes that the Government has given effect to its previous comments as they relate to bringing section 90 of the former Labour Code into conformity with the Convention, but that it has not provided any reply to its remaining comments concerning its intention to revise a number of regulations that are contrary to the Convention, in particular sections 32 and 43 of the Decree of 30 March 1960, which establish different reimbursement rates according to the sex of the public servant. The Committee also recalled that clause 38 of the Inter-occupational Collective Labour Agreement of 30 December 1972 did not apply the principle of "equal value" embodied in the Convention. The Committee asks the Government to provide information in its next report on the progress achieved in bringing this Decree into conformity with the Article 1(a) of the Convention, and on any amendments made to the collective agreement.

2. With a view to evaluating the manner in which the principle of equal remuneration for work of equal value, which is set out in the new Labour Code, is applied in practice, the Committee would be grateful if the Government would provide any available information as soon as possible on:

(a) the wage rates applicable in the public service, with an indication of the distribution of men and women at the different levels;

(b) copies of collective agreements determining wage levels in the various sectors, with an indication, where possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the different levels; and

(c) statistics on the minimum wage rates and average actual earnings of men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage of women.

CMNT_TITLE

1. With reference to its observation, the Committee notes that the Government has given effect to its previous comments as they relate to bringing section 90 of the former Labour Code into conformity with the Convention, but that it has not provided any reply to its remaining comments concerning its intention to revise a number of regulations that are contrary to the Convention, in particular sections 32 and 43 of the Decree of 30 March 1960, which establish different reimbursement rates according to the sex of the public servant. The Committee also recalled that clause 38 of the Inter-occupational Collective Labour Agreement of 30 December 1972 did not apply the principle of "equal value" embodied in the Convention. The Committee asks the Government to provide information in its next report on the progress achieved in bringing this Decree into conformity with the Article 1(a) of the Convention, and on any amendments made to the collective agreement.

2. With a view to evaluating the manner in which the principle of equal remuneration for work of equal value, which is set out in the new Labour Code, is applied in practice, the Committee would be grateful if the Government would provide any available information as soon as possible on:

(a) the wage rates applicable in the public service, with an indication of the distribution of men and women at the different levels;

(b) copies of collective agreements determining wage levels in the various sectors, with an indication, where possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the different levels; and

(c) statistics on the minimum wage rates and average actual earnings of men and women, if possible by occupation, sector, seniority and skill level, as well as information on the corresponding percentage of women.

CMNT_TITLE

1. The Committee notes with satisfaction the adoption of Ordinance No. 96-039 of 29 June 1996 issuing the Labour Code, which has taken broadly into account its previous comments and the technical comments made by the ILO, particularly as regards the provisions of sections 147 to 149, which are in conformity with the provisions of the Convention. 2. The Committee is addressing a request directly to the Government on other points.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report in reply to its previous direct requests.

1. With regard to the public sector, the Committee refers to its previous comments concerning sections 32 and 43 of Decree No. 60-55 MFP of 30 March 1960 respecting the reimbursement rates for journeys within the national territory and the indemnities payable for training or further vocational training courses which are payable to employees in public administrations and State establishments. It notes the Government's statement that the flat-rate indemnity for training varies according to the position in the family: it amounts to 14,000 CFA francs for married male officials and 10,000 CFA francs for married women officials. According to the Government, this difference has its basis in the society of Niger, which recognizes mens' rights as head of family with all the burdens and responsibilities which that entails in the household. However, it notes that the Government intends to revise the laws and regulations respecting financial questions, including the decree in question, and will supply a copy to the ILO once it has been adopted. It hopes that the new Decree will guarantee equality of remuneration for men and women workers for work of equal value, and in particular that the provisions of sections 32 and 43 of the above Decree will be brought into conformity with Article 1(a) of the Convention. Please refer in this respect to paragraphs 14 to 17 of the Committee's 1986 General Survey on Equal Remuneration. It requests the Government to indicate in its next report the progress which has been achieved in this respect.

2. With regard to the private sector, the Committee recalls that for a number of years it has been referring to section 90 of the Labour Code and section 38 of the Inter-occupational Collective Agreement of 15 December 1972, under which equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output". It notes that the Government repeats its statement that, with the exception of the specific conditions governing various bonuses, no requirement is contrary to the principle of equal remuneration.

The Committee once again draws the Government's attention to the fact that, although criteria such as the aptitude or output of a worker provide a basis for an objective appraisal of the performance of different persons performing work of a similar nature, they do not form a sufficient basis for the application of the principle set out in the Convention, particularly where in practice men and women perform work which is of a different nature but of equal value. Furthermore, the criterion of output may result in the establishment of different wage groups as a function of the average output of each sex. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to bring the national legislation and collective agreements into full conformity with Articles 1 and 2 of the Convention, and to achieve in practice equal remuneration between men and women workers, particularly where their work is of a different nature but of equal value.

3. The Committee requests the Government to supply information on the measures which have been taken to monitor the application of legal provisions concerning equal remuneration for work of equal value, and particularly on the activities of the labour inspection services and court rulings which are relevant to the Convention.

CMNT_TITLE

The Committee notes the Government's report for the period ending 30 June 1990 and the information that it contains in reply to its previous direct request.

1. The Committee notes Decree No. 60-55 MFP of 30 March 1960, as amended, containing regulations on the remuneration and the various material benefits accorded to officials in state administrations and public establishments. The Committee notes that under the Chapter relating to compensation, the reimbursement rates for journeys within the national territory (section 32) are of an amount that varies according to whether the official is a head of a family or a bachelor. The same applies to the flat-rate indemnities payable for training or further vocational training courses in Niger (section 43). The Committee requests the Government to indicate the basis on which women officials who are married but not heads of families are reimbursed.

2. The Committee points out that under the terms of section 90 of the Labour Code, reflected in section 38 of the inter-occupational collective agreement, equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output", whereas the Convention provides that such equality shall be based on work of equal value". (See in this respect paragraphs 20 to 23 and 52 to 70 of the Committee's General Survey on Equal Remuneration.) The Committee therefore requests the Government to indicate the manner in which it assures, or envisages assuring, the application of the principle of equal remuneration as set out in the Convention, particularly in cases where men and women are employed in work of a different nature but of equal value.

CMNT_TITLE

The Committee notes with regret that the Government's report does not contain the information requested in its previous comments. It hopes that the next report will contain full information on the points raised in its previous direct request, which are repeated below:

Article 1 of the Convention. 1. The Committee hopes that the Government will not fail, in its next report, to provide copies of the legislation or collective contracts under which workers are entitled to benefits such as the quarterly bonus, the seniority bonus, the "shopping basket" bonus and the transport bonus. The Committee hopes that the Government will also indicate how the application of the principle of equal remuneration set forth in the Convention is ensured in respect of the award of these bonuses to both men and women.

2. The Committee once again requests the Government to provide a copy of Decree No. 60-55 MFP of 30 March 1960 containing regulations on the remuneration and the various material benefits accorded to officials in state administrations and public establishments, as amended by Decree No. 82-03/PCMS/MF.

Article 2. 1. The Committee again asks the Government to supply a copy of the inter-occupational collective agreement that is currently in force and a copy of the scale of wages exceeding the legal minimum that are applicable to the various categories of workers without discrimination based on sex.

2. The Committee observes that in accordance with national legislation (section 90 of the Labour Code), equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output", whereas, in the terms of the Convention, equal remuneration between men and women workers should be based on work of "equal value". (Please refer in this connection to the explanations given in paragraphs 20-23 and 52-70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate how the application of the principle of equal remuneration in the meaning of the Convention is ensured, particularly when, in practice, men and women are engaged in work of a different nature but of equal value.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. 1. The Committee noted, from the information supplied by the Government in its previous reports, that in addition to housing and basic foodstuffs, as provided in section 9 of the Labour Code, workers are entitled to other benefits depending on their jobs. It therefore requested the Government to supply information on the nature of these benefits, and to transmit copies of the legislation or collective contracts under which they are provided.

The Government indicates in reply that the above benefits are composed of elements such as the quarterly bonus, the seniority bonus, the "shopping basket" bonus and the transport bonus; however, the copies of the legislation requested by the Committee were not received with the report. The Committee hopes that the Government will transmit a copy of these texts with its next report and that it will also indicate how these bonuses are awarded to both men and women according to the principle of equal remuneration set forth in the Convention.

2. The Committee once again requests the Government to supply a copy of Decree No. 60-55 MFP of 30 March 1960 containing regulations on the remuneration and the various material benefits accorded to officials in state administrations and public establishments, as amended by Decree No. 82-03/PCMS/MF, which was not received either with the last report.

Article 2. 1. In its previous reports, the Government stated that the minimum wages fixed by national legislation (without discrimination based on sex) are substantially exceeded in practice. The Committee noted this statement and requested the Government to provide information on the measures ensuring application of the principle of equal remuneration in respect of wages exceeding the legal minimum. It also requested the Government to transmit copies of collective agreements and in particular those covering sectors employing a high proportion of women.

The Government indicates in its last report that the proportion of wages exceeding the minimum rates are subject to contract negotiations and are fixed by the parties concerned by common agreement. It adds that the Labour Inspection services are responsible for ascertaining that wages fixed in this manner are (under equal working conditions, vocational qualifications and output) equal for all workers, irrespective of their origin, age, sex and status. Furthermore, all sectors are subject to the inter-occupational collective agreement and there are no specific agreements covering the sectors that employ a high proportion of women.

The Committee notes this information and requests the Government to supply a copy of the inter-occupational collective agreement that is currently in force, as well as a copy of the scale of wages exceeding the legal minimum that are applicable to the various categories of workers without discrimination based on sex.

2. The Committee observes that in accordance with national legislation (section 90 of the Labour Code) equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output", whereas, in accordance with the Convention, equal remuneration between men and women workers should be based on work of "equal value". (Please refer in this connection to the explanations given in paragraphs 20 to 23 and 52 to 70 of the General Survey of 1986 on Equal Remuneration.)

The Committee therefore requests the Government to indicate how the application of the principle of equal remuneration in the meaning of the Convention is ensured particularly when, in practice, men and women are employed in jobs of a different nature but of equal value.