Equal Remuneration Convention, 1951 (No. 100) - Angola (RATIFICATION: 1976)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. As regards the concentration of women in the informal economy, with low salaries and lack of social protection coverage, the Committee notes the adoption of the Informal Economy Reconversion Programme (PREI), as part of the National Development Plan (PDN) 2018-2022, with a view to promoting their transition from the informal to the formal economy. It notes that, as of August 2022, 132,092 operators were registered out of whom 71.3 per cent were women. The Committee welcomes this information. However, it also notes that, according to the National Institute of Statistics (INE), in 2021, it was estimated that 80.8 per cent of the population was still employed in the informal economy, out of which 90.3 per cent were women. Furthermore, according to the statistical information provided by the Government, in 2021, in almost all economic sectors, the average remuneration for women was lower than those of men, especially in sectors where women were more represented such as social services, financial activities and wholesale and retail trade, where the pay gap was estimated as up to 33.6 per cent. Welcoming the efforts made by the Government to collect such information, the Committee however notes the limited number of workers covered by such statistics, namely 216,391 men and 65,538 women, whereas according to ILOSTAT database the labour force was estimated at 13,971,332 workers. The Committee asks the Government to pursue its efforts to collect and compile comprehensive data, disaggregated by sex, 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. It also asks the Government to provide:

• (i)the above information as well as any available statistical information on the gender pay gap; and
• (ii)information on the steps taken and the results achieved, particularly within the framework of the implementation of the Action Plan for the Promotion of Employability and the Informal Economy Reconversion Programme, with a view to promoting women’s access to a wider range of jobs with career prospects and higher pay, including by facilitating their access to education and vocational training and encouraging their transition from informal to formal employment.

Article 2(2)(b). Minimum wages. The Committee welcomes the adoption of Presidential Decree No. 54/22 of 17 February 2022 which increases the rate of the single guaranteed national minimum wage (32’181.15 kwanzas (Kz)), together with the minimum wage rates corresponding to the three main economic sectors, namely trade and extractive industry (Kz 48’271.73); transport, services and manufacturing (Kz 40’226.44); as well as agriculture (Kz 32’181.15). The Committee observes the persistent significant differences between sectors as regards the level of the minimum wage. It further notes that section 3 of Presidential Decree No. 54/22 again provides for the possibility for companies in the agriculture and manufacturing sectors to set wages below the national minimum wages, after authorization by the head of the Ministerial Department responsible for labour issues. In that regard, the Committee notes the Government’s statement that, to date, no company has been authorized to set wages below the current national minimum wage although ten requests to do so have been received since May 2022 and are still under review. The Committee wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee again requests the Government to provide information on the specific measures taken to ensure that the determination of the minimum wage rates is free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on the number of companies that have been authorized to set wages below the statutory minimum wages, pursuant to section 3 of Presidential Decree No. 54/22.

Article 3. Objective job evaluation. The Committee notes the adoption of Presidential Decree No. 96/22 of 2 May 2022 regarding the elaboration and implementation of occupational qualifiers in the workplace. The Committee notes the Government’s indication that the occupational qualifier is a tool that will ensure that workers with the same occupational profile are assigned to the same categories and thus receive the same basic salary. With regard to the public sector, the Committee notes that: (1) Presidential Decree No. 3/22 of 12 May 2022 contains general guidelines for the organization and implementation of the professional index of public employees and establishes salary scales; (2) public service positions and occupational categories are organized into three different groups (management and leadership; technical careers; and administrative careers and auxiliary staff) with a view to guaranteeing the same basic salary to employees in the “same occupational category with the same occupational profile” (sections 3 and 4). The Committee asks the Government to provide information on the methods and criteria used to classify existing positions by occupational categories and determine corresponding remuneration levels, both in the private and public sectors, and indicate how it is ensured that such methods and criteria are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It further asks the Government to provide information on any study or analysis made by the General Labour Inspectorate regarding the use of occupational qualifiers in the private sector, as well as on the number of companies convicted and fined for failure to submit their qualifiers to the approbation of the labour inspectorate.

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Articles 1 and 2(2)(a) of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Scope of application. Legislation. The Committee notes that section 157 of the General Labour Act (Act No. 7/15) of 15 June 2015 provides for equal remuneration for men and women for the same work or for work of equal value. It observes, however, that: (1) several categories of workers, such as civil servants and casual workers, are excluded from the scope of application of the General Labour Act (section 2 of the Act); and (2) the definition of remuneration set out in section 155 of the General Labour Act excludes several components of remuneration (such as travel and accommodation allowances, family allowances and other social security benefits) which are covered by the definition of “remuneration” in Article 1(a) of the Convention. As regards civil servants, the Committee notes that section 9(c) of the Basic Civil Service Act No. 26/22 of 22 August 2022 provides that civil servants shall enjoy the right to receive “fair remuneration” but observes that this provision does not reflect the principle of the Convention. The Committee notes that, in January 2022, a new draft General Labour Act was examined by the National Commission for Social Dialogue, and, on 27 April 2022, the draft Act was approved by the Council of Ministers and forwarded to the General Assembly. The Committee hopes that the Government will take all necessary steps, in particular in the framework of the revision of the General Labour Act, to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, in particular by ensuring that all components of remuneration contained in Article 1(a) of the Convention are included in the definition of “remuneration” and all workers in the private sector are covered by the principle of the Convention. With respect to civil servants, it asks the Government to consider, in the framework of a future revision, including in the Basic Civil Service Act No. 26/22 provisions reflecting the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on: (i) any progress made in that regard; (ii) any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers and employers and their organizations, as well as among law enforcement officials; and (iii) the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee previously noted the observations of the National Union of Angola Workers (UNTA), which were received on 30 August 2019. The Committee requests the Government to provide its comments thereon.

Articles 1and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that the General Labour Act (Act No. 7/015) of 21 April 2015 addressed some of the matters previously raised by the Committee, in particular the lifting of restrictions regarding the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, but regretted that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention, in particular as regards its scope of application and the definition of remuneration. The Committee notes with regret the lack of information provided by the Government, in its report, on any progress made in that respect. The Committee again urges the Government to take the necessary steps to ensure that: (i) the principle of the Convention is applied to the categories of workers falling outside the scope of application of the General Labour Act, such as civil servants and casual workers; and (ii) the definition of remuneration set out in section 155 of the General Labour Act, which excludes several components of remuneration (such as travel and accommodation allowances, family allowances and other social security benefits), is brought fully into line with the Convention. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials.

Articles 2 and 3. Occupational gender segregation. Referring to its previous comments regarding the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage, the Committee notes the Government’s statement that several policies and measures have been developed to enhance women’s participation in professional training courses, including through the adoption of the Action Plan for the Promotion of Employability (PAPE) in 2019. It observes, however, that the Government does not provide any information on the impact of such policies on women in practice. The Committee notes the adoption of (1) the National Development Plan 2018-2022 and the National Human Rights Strategy and Action Plan, by Presidential Decree No. 100/20 of 14 April 2020, which set out specific measures in order to promote gender equality and women’s empowerment, in particular in rural areas; and (2) the Decent Work Country Programme for 2019-2022, which integrates gender and non-discrimination as a cross-cutting issue and sets as a specific priority the transition of workers from the informal economy to the formal economy. It further notes, from the Government’s follow-up report to the concluding observations made by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), that the action plan for the implementation of the National Policy on Gender Equality and Equity, adopted in 2013, has been prepared and is currently being analysed for approval (CEDAW/C/AGO/FCO/7, 16 April 2021, paragraph 16). The Committee welcomes this information. However it notes that the National Union of Angola Workers (UNTA) indicates in its observations that, for cultural reasons, women still have a lower academic level than men and therefore represent the majority of workers in the informal economy, with underpaid, insecure and vulnerable jobs. The UNTA adds that, in the formal economy, women are mostly represented in the agriculture sector, where wages are insufficient to meet basic needs, and in the public sector where they represent a minority in technical careers and management positions and with lower salary than their male colleagues. In that regard, the Committee notes that, in 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that in the civil service women represented 42 per cent of officials but held only 35.5 per cent of senior positions, while no data was available for the private sector. The activity rate was 45.4 per cent for women (compared to 61.1 per cent for men), the majority of whom were in the informal economy, as a result of the low level of literacy (estimated at 54 per cent for women compared to 83 per cent for men) and of formal technical education (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 52 and 151). According to the 2020 Human Development Report from the United Nations Development Programme (UNDP), only 23.1 per cent of adult women have reached at least a secondary level of education, compared to 38.1 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; with a value of 0 representing absolute equality and a value of 100 representing absolute inequality) was estimated at 0.536. It further notes that, in their 2019 concluding observations, several UN treaty bodies remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas; (2) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (3) the continuing horizontal and vertical occupational segregation and the concentration of women in the informal labour market and in low-paying jobs (CEDAW/C/AGO/CO/7, 14 March 2019, paragraphs 35 and 37, and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 15). Taking into consideration the persistent vertical and horizontal occupational gender segregation, the Committee hopes that the Government will strengthen its efforts to implement proactive measures to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content and impact of the specific measures taken, including in the framework of the National Development Plan 2018-2022, the National Human Rights Strategy and the Decent Work Country Programme for 2019-2022, to combat gender segregation in the labour market and promote women’s access to a wider range of jobs with career prospects and higher pay, in particular by facilitating their access to education and vocational training and their transition to the formal economy. The Committee further asks the Government to provide information on the adoption and implementation of the draft action plan for the implementation of the National Policy on Gender Equality and Equity.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication regarding the increase of the minimum wage by 57 per cent in the public sector and by 30 per cent in the private sector (Presidential Decrees No. 13/19 and 14/19 of 9 January 2019). It further notes that, as a result of Presidential Decree No. 89/19 of 21 March 2019, the rate of the single guaranteed national minimum wage was increased (21’454.10 kwanzas (Kz)), together with the minimum wage rates corresponding to the three main economic sectors, namely trade and extractive industry (Kz32’181.15); transport, services and manufacturing (Kz 26’817.63); as well as agriculture (Kz21’454.10). The Committee welcomes this information but observes the persistent significant differences between sectors as regards the level of the minimum wage. It notes that, in its observations, the UNTA considers that the level of the single guaranteed national minimum wage is insufficient to meet the basic needs, and wage inequality is further supported by the determination of different minimum wage rates for the main economic sectors. The UNTA also expresses concern at the possibility for enterprises to set salary below the minimum wage rates when they are not in a position to pay the minimum wage rates established by the national legislation. The Committee notes that section 3 of Presidential Decree No. 89/19 explicitly allows companies in the agriculture and manufacturing sectors to set wages below the national minimum wages, after authorization of the head of the Ministerial Department responsible for labour issues. In that regard, it wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on fundamental Conventions, 2012, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee again asks the Government to provide information on the specific measures taken to ensure that the determination of the minimum wage rates are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on the number of companies that have been authorized to set wages below the statutory minimum wages, pursuant to section 3 of Presidential Decree No. 89/19.

Article 3. Objective job evaluation. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. The Committee notes the Government’s statement that the Convention is enforced through the General Labour Inspectorate (IGT) but that no case of pay inequality has been identified. It notes that, in 2019, in the context of the UPR, the Government indicated that, in order to improve access to justice, as of 2015, several measures were introduced such as the decentralization of the courts and the establishment of alternative conflict resolution mechanisms, including the National Directorate for Extrajudicial Dispute Settlement, which is staffed by lawyers who provide legal advice and uphold the principle of non-discrimination, in particular on the grounds of sex, ensuring that citizens are aware of and can exercise and defend their rights and legitimate interests (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 82 to 86). The Committee notes, however, that in their 2019 concluding observations several UN treaty bodies remained concerned about: (1) the limited availability of courts and out-of-court dispute settlement centres, in particular in rural areas; (2) the lack of independence of the judiciary and the insufficient number of trained judges, prosecutors and lawyers, which may prevent many citizens from accessing justice; and (3) the lack of capacity-building programmes for actors involved in traditional conflict resolution mechanisms and the limited oversight over their functions, which heightens the risk of such institutions perpetuating discriminatory gender stereotypes (CEDAW/C/AGO/CO/7, paragraph 14, and CCPR/C/AGO/CO/2, paragraph 37). Welcoming the steps taken by the Government to improve access to justice, the Committee asks the Government to pursue its efforts and to provide information on the content and impact of the activities undertaken to raise awareness about the remedies and procedures available, in particular in the framework of the National Directorate for Extrajudicial Dispute Settlement. It further asks the Government to provide information on any cases of pay inequality between men and women dealt with by the labour inspectors, the courts, alternative conflict resolution mechanisms or any other competent authority, the sanctions imposed and remedies granted.

Statistical information. Referring to its previous comments, the Committee notes the statistical information provided by the Government regarding the high, medium and low remuneration levels observed in six economic sectors. It however observes that no information is provided on the period covered by the statistical information nor on the distribution of men and women in these economic sectors and remuneration levels, which therefore does not allow the Committee to assess the application of the Convention in practice. The Committee notes further that, in its 2019 concluding observations, the CEDAW remained concerned about the limited availability, dissemination and analysis of gender statistics, in particular regarding gender stereotypes, education, employment, and economic empowerment (CEDAW/C/AGO/CO/7, paragraph 49). 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, 2012, paragraph 891). Consequently, the Committee hopes that the Government will soon be in a position to provide relevant statistical information that would permit an assessment of the remuneration levels of men and women and pay differentials. It asks the Government to provide any available 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.

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The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations from the National Union of Angola Workers (UNTA), which were received on 30 August 2019. It requests the Government to provide its comments thereon.

Legislation. The Committee recalls that for a number of years it has been requesting the Government to take the opportunity afforded by the process of the revision of the General Labour Act to bring this piece of legislation into line with the requirements of the Convention, in particular as regards its scope of application, the definition of remuneration and the application, without restrictions, of the principle of equal remuneration for men and women for work of equal value. While noting with interest that some of the matters raised by the Committee in its previous comments have been addressed with the adoption of the new General Labour Act (Act No. 7/015) on 21 April 2015, that is, the lifting of restrictions to the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, the Committee notes with regret that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention. The Committee urges the Government to give serious consideration to the pending points raised below by the Committee.

Scope. Noting that the new General Labour Act maintains the same restrictions as the previous legislation as to its scope of application, the Committee requests the Government to indicate how the principle of the Convention is applied to the categories of workers falling outside the scope of application of the Act, such as civil servants and casual workers, and to provide copies of any relevant special legislation applicable.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that, according to the definition of remuneration set out in section 155 of the new General Labour Act, payments for extra duties are now considered as part of the remuneration, while other components, such as travel and accommodation allowances, as well as family allowances and other social security benefits, continue to be excluded from the definition. The Committee recalls that the definition of remuneration contained in Article 1(a) of the Convention is broad and covers all the emoluments workers may receive in exchange for their labour, whether received regularly or only occasionally, including dependency allowances, travel allowances or expenses, housing and residential allowances, and also includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see 2012 General Survey on the fundamental Conventions, paragraphs 691–692). The Committee asks the Government to take the necessary steps, in cooperation with the social partners, to ensure that the definition of remuneration in the General Labour Act is brought fully into line with the Convention.

Article 1(b). Work of equal value. The Committee refers to its previous comments in which it stressed the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working with different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The Committee notes that article 157 of the new General Labour Act requires employers to ensure that workers receive equal remuneration for equal work or work of equal value without discrimination and omits the reference to “conditions”, “qualifications” and “output” that were included in the previous Act as the basis for the calculations. It also notes that the restrictions related to the fact of working for the “same employer” have been deleted from section 242 of the new General Labour Act, which now provides for equal remuneration for men and women for equal work or work of equal value irrespective of the employer and defines the work of equal value as occurring “when the tasks performed, albeit of different nature, are considered to be equivalent through the application of objective job evaluation criteria”. The Committee requests the Government to provide information on how the application of the principle of equal remuneration for men and women for work of equal value is ensured in practice.

Occupational segregation. The Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concerns about the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage (E/C.12/AGO/CO/4-5, paragraph 31). The Committee reiterates its request for information on the measures taken or envisaged to combat occupational sex segregation in the labour market and promote women’s access to better-paid and more qualified jobs, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee notes that in its concluding observations, the CESCR expressed concern about the significant differences in minimum wages that are found between sectors (E/C.12/AGO/CO/4 5, 15 July 2016, paragraph 29). The Committee again requests the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. It also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations or sectors.

Statistics. The Committee reiterates its request for available statistical information on the earnings of men and women in the public and the private sectors, by occupational sector and job category.

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The Committee notes the observations from the National Union of Angola Workers (UNTA), which were received on 30 August 2019. It requests the Government to provide its comments thereon.

The Committee also notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Legislation. The Committee recalls that for a number of years it has been requesting the Government to take the opportunity afforded by the process of the revision of the General Labour Act to bring this piece of legislation into line with the requirements of the Convention, in particular as regards its scope of application, the definition of remuneration and the application, without restrictions, of the principle of equal remuneration for men and women for work of equal value. While noting with interest that some of the matters raised by the Committee in its previous comments have been addressed with the adoption of the new General Labour Act (Act No. 7/015) on 21 April 2015, that is, the lifting of restrictions to the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, the Committee notes with regret that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention. The Committee urges the Government to give serious consideration to the pending points raised below by the Committee.

Scope. Noting that the new General Labour Act maintains the same restrictions as the previous legislation as to its scope of application, the Committee requests the Government to indicate how the principle of the Convention is applied to the categories of workers falling outside the scope of application of the Act, such as civil servants and casual workers, and to provide copies of any relevant special legislation applicable.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that, according to the definition of remuneration set out in section 155 of the new General Labour Act, payments for extra duties are now considered as part of the remuneration, while other components, such as travel and accommodation allowances, as well as family allowances and other social security benefits, continue to be excluded from the definition. The Committee recalls that the definition of remuneration contained in Article 1(a) of the Convention is broad and covers all the emoluments workers may receive in exchange for their labour, whether received regularly or only occasionally, including dependency allowances, travel allowances or expenses, housing and residential allowances, and also includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see 2012 General Survey on the fundamental Conventions, paragraphs 691–692). The Committee asks the Government to take the necessary steps, in cooperation with the social partners, to ensure that the definition of remuneration in the General Labour Act is brought fully into line with the Convention.

Article 1(b). Work of equal value. The Committee refers to its previous comments in which it stressed the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working with different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The Committee notes that article 157 of the new General Labour Act requires employers to ensure that workers receive equal remuneration for equal work or work of equal value without discrimination and omits the reference to “conditions”, “qualifications” and “output” that were included in the previous Act as the basis for the calculations. It also notes that the restrictions related to the fact of working for the “same employer” have been deleted from section 242 of the new General Labour Act, which now provides for equal remuneration for men and women for equal work or work of equal value irrespective of the employer and defines the work of equal value as occurring “when the tasks performed, albeit of different nature, are considered to be equivalent through the application of objective job evaluation criteria”. The Committee requests the Government to provide information on how the application of the principle of equal remuneration for men and women for work of equal value is ensured in practice.

Occupational segregation. The Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concerns about the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage (E/C.12/AGO/CO/4-5, paragraph 31). The Committee reiterates its request for information on the measures taken or envisaged to combat occupational sex segregation in the labour market and promote women’s access to better-paid and more qualified jobs, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee notes that in its concluding observations, the CESCR expressed concern about the significant differences in minimum wages that are found between sectors (E/C.12/AGO/CO/4 5, 15 July 2016, paragraph 29). The Committee again requests the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. It also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations or sectors.

Statistics. The Committee reiterates its request for available statistical information on the earnings of men and women in the public and the private sectors, by occupational sector and job category.

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Legislation. The Committee recalls that for a number of years it has been requesting the Government to take the opportunity afforded by the process of the revision of the General Labour Act to bring this piece of legislation into line with the requirements of the Convention, in particular as regards its scope of application, the definition of remuneration and the application, without restrictions, of the principle of equal remuneration for men and women for work of equal value. While noting with interest that some of the matters raised by the Committee in its previous comments have been addressed with the adoption of the new General Labour Act (Act No. 7/015) on 21 April 2015, that is, the lifting of restrictions to the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, the Committee notes with regret that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention. The Committee urges the Government to give serious consideration to the pending points raised below by the Committee.

Scope. Noting that the new General Labour Act maintains the same restrictions as the previous legislation as to its scope of application, the Committee requests the Government to indicate how the principle of the Convention is applied to the categories of workers falling outside the scope of application of the Act, such as civil servants and casual workers, and to provide copies of any relevant special legislation applicable.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that, according to the definition of remuneration set out in section 155 of the new General Labour Act, payments for extra duties are now considered as part of the remuneration, while other components, such as travel and accommodation allowances, as well as family allowances and other social security benefits, continue to be excluded from the definition. The Committee recalls that the definition of remuneration contained in Article 1(a) of the Convention is broad and covers all the emoluments workers may receive in exchange for their labour, whether received regularly or only occasionally, including dependency allowances, travel allowances or expenses, housing and residential allowances, and also includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see 2012 General Survey on the fundamental Conventions, paragraphs 691–692). The Committee asks the Government to take the necessary steps, in cooperation with the social partners, to ensure that the definition of remuneration in the General Labour Act is brought fully into line with the Convention.

Article 1(b). Work of equal value. The Committee refers to its previous comments in which it stressed the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working with different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The Committee notes that article 157 of the new General Labour Act requires employers to ensure that workers receive equal remuneration for equal work or work of equal value without discrimination and omits the reference to “conditions”, “qualifications” and “output” that were included in the previous Act as the basis for the calculations. It also notes that the restrictions related to the fact of working for the “same employer” have been deleted from section 242 of the new General Labour Act, which now provides for equal remuneration for men and women for equal work or work of equal value irrespective of the employer and defines the work of equal value as occurring “when the tasks performed, albeit of different nature, are considered to be equivalent through the application of objective job evaluation criteria”. The Committee requests the Government to provide information on how the application of the principle of equal remuneration for men and women for work of equal value is ensured in practice.

Occupational segregation. The Committee notes that in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concerns about the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage (E/C.12/AGO/CO/4-5, paragraph 31). The Committee reiterates its request for information on the measures taken or envisaged to combat occupational sex segregation in the labour market and promote women’s access to better-paid and more qualified jobs, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee notes that in its concluding observations, the CESCR expressed concern about the significant differences in minimum wages that are found between sectors (E/C.12/AGO/CO/4-5, 15 July 2016, paragraph 29). The Committee again requests the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. It also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations or sectors.

Statistics. The Committee reiterates its request for available statistical information on the earnings of men and women in the public and the private sectors, by occupational sector and job category.

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The Committee notes with regret that the Government’s report has not been received. Noting the adoption of the new General Labour Act No. 7/15 of 15 June 2015, the Committee 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 specific issues raised in relation to the General Labour Act, and other matters raised in its previous comments.

Repetition

The Committee once again notes with regret that the Government’s report does not reply to the questions raised. The Committee understands, however, that a general labour law is being drafted. It requests the Government to take all necessary steps to ensure that the new general labour law takes full account of the matters raised below. It also asks the Government to provide information on any developments in this regard.

Scope. The Committee requests the Government to take the necessary measures to ensure that the new general labour law covers all workers, including domestic workers, casual workers and public servants, so that the principle of the Convention applies to them.

Article 1(a) of the Convention. Definition of remuneration. The Committee points out that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The definition is broad so as to cover all the emoluments workers may receive in exchange for their labour, including additional benefits in kind, to which a monetary value may be attributed. Accordingly, any exclusion from remuneration of components such as compensation for extra duties, refunds of expenses, accommodation, travel allowances, bonuses, rewards and family allowances is inconsistent with Article 1(a) of the Convention. The Committee requests the Government to take the necessary steps to ensure that the new general labour law contains a broad definition of remuneration that is fully consistent with Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee stresses the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working for different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The concept of “work of equal value” as laid down in the Convention, includes but goes beyond work that is “equal”, the “same” or “similar”, and also encompasses work that is of an entirely different nature, but nevertheless of equal value. To restrict application of the principle to conditions of work, qualification and productivity that are the same, or to the same employer, is therefore not in conformity with the Convention. The Committee requests the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the new general labour law.

Occupational segregation. The Committee again requests the Government to provide information on the measures taken or envisaged to combat occupational sex segregation in the public and the private sectors and to promote women’s access to better paid and more highly qualified jobs and to positions of responsibility, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee again asks the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. In view of the occupational segregation that exists in the country, the Committee also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Part V of the report form. Statistics. The Committee requests the Government to provide available statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.

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The Committee once again notes with regret that the Government’s report does not reply to the questions raised. The Committee understands, however, that a general labour law is being drafted. It requests the Government to take all necessary steps to ensure that the new general labour law takes full account of the matters raised below. It also asks the Government to provide information on any developments in this regard.

Scope. The Committee requests the Government to take the necessary measures to ensure that the new general labour law covers all workers, including domestic workers, casual workers and public servants, so that the principle of the Convention applies to them.

Article 1(a) of the Convention. Definition of remuneration. The Committee points out that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The definition is broad so as to cover all the emoluments workers may receive in exchange for their labour, including additional benefits in kind, to which a monetary value may be attributed. Accordingly, any exclusion from remuneration of components such as compensation for extra duties, refunds of expenses, accommodation, travel allowances, bonuses, rewards and family allowances is inconsistent with Article 1(a) of the Convention. The Committee requests the Government to take the necessary steps to ensure that the new general labour law contains a broad definition of remuneration that is fully consistent with Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee stresses the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working for different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The concept of “work of equal value” as laid down in the Convention, includes but goes beyond work that is “equal”, the “same” or “similar”, and also encompasses work that is of an entirely different nature, but nevertheless of equal value. To restrict application of the principle to conditions of work, qualification and productivity that are the same, or to the same employer, is therefore not in conformity with the Convention. The Committee requests the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the new general labour law.

Occupational segregation. The Committee again requests the Government to provide information on the measures taken or envisaged to combat occupational sex segregation in the public and the private sectors and to promote women’s access to better paid and more highly qualified jobs and to positions of responsibility, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee again asks the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. In view of the occupational segregation that exists in the country, the Committee also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Part V of the report form. Statistics. The Committee requests the Government to provide available statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.

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The Committee notes that the Government’s report is identical to that of last year and that no reply was provided to the issues raised. 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:

Repetition

The Committee recalls that in a previous direct request it referred to the comments submitted by the National Union of Angolan Workers (UNTA) of 16 August 2007 according to which women receive low wages, particularly in the private sector, because of their low level of schooling. The Committee notes that the Government indicates in this respect that there is no remuneration discrimination in the country and that the Government is implementing various programs for the improvement of women. The Committee observes however that the Government does not provide a specific reply to its previous request. The Committee therefore once again asks the Government to provide information on the measures taken or envisaged to address the occupational segregation of women in both the public and the private sectors and to promote their access to better paid and higher status jobs and managerial positions, including through the promotion of greater access of women to education and training.

The Committee further notes that the Government’s report continues to fail to respond to its previous comments. The Committee is therefore obliged to reiterate them:

Article 1 of the Convention. Scope of application. The Committee recalls the Government’s statement that the categories excluded from the application of the General Labour Act No. 2/00 (section 1(2) and (3)) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for men and women for work of equal value is applied to these categories of workers, especially civil servants, casual workers and homeworkers.

Article 2. Practical application of the principle of equal remuneration for work of equal value. The Committee refers to its previous comments concerning the occupational segregation of women in the Angolan labour market. It notes from the Government’s report under the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 2008 that women continue to hold lower level positions because of their limited access to education and the high level of discrimination against them. According to data supplied by the Government, men hold 66 per cent of mid-ranking technical and professional posts in the civil service and 72 per cent of senior posts (E/C.12/AGO/3, 20 April 2008, paragraph 17).

...

Article 3. Objective job evaluation. Referring to its previous comments concerning the application of section 164(2) and (3) of the General Labour Act, the Committee reiterates its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors. Noting the adoption of Decree No. 30/08 of 2 May 2008 updating the minimum wage for major economic categories, the Committee asks the Government to indicate how it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the level of rates applying to male-dominated occupations involving work of equal value.

Article 4. Cooperation with the social partners. The Committee notes the Government’s indication that the National Commission for Social Dialogue and the National Committee for the ILO provide a framework for cooperation with the social partners. It also recalls the communication received from the UNTA according to which the National Employment Commission organizes consultations with the various social partners only on an ad hoc basis. The Committee asks the Government to provide information on the composition and mandates of the National Commission for Social Dialogue and the National Committee for the ILO, as well as information on any initiatives undertaken by these bodies and the National Employment Commission with a view to promoting the principle of the Convention and eliminating wage disparities between men and women.

Part III of the report form. Labour inspection. The Committee notes from the Government’s abovementioned ICESCR report that controls by the General Labour Inspectorate on companies’ compliance with the principle of equal remuneration are inadequate and that this leads to violations of the principle in some public and private companies (ibid., paragraph 24). The Committee asks the Government to take appropriate measures to strengthen the capacity of labour inspectors to detect and address cases of violation of the principle of equal remuneration for work of equal value, including through tailored training, and to supply information in this regard. Please also provide information on any violations detected by the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.

Part V of the report form. Statistics. In the absence of the information solicited in its previous direct request, the Committee again asks the Government to do its utmost to provide any available information on the earnings of men and women, disaggregated by sector and category of employment, in the public and private sectors.

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The Committee notes with regret that for a number of years, the Government’s reports have failed to respond to the points raised in the Committee’s comments. The Committee once again emphasizes that this prevents it from assessing the progress made with regard to the practical application of the Convention. The Committee urges the Government to take all necessary steps to ensure that its next report contains information in reply to all the issues raised by the Committee.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee recalls that in a previous direct request it referred to the comments submitted by the National Union of Angolan Workers (UNTA) of 16 August 2007 according to which women receive low wages, particularly in the private sector, because of their low level of schooling. The Committee notes that the Government indicates in this respect that there is no remuneration discrimination in the country and that the Government is implementing various programs for the improvement of women. The Committee observes however that the Government does not provide a specific reply to its previous request. The Committee therefore once again asks the Government to provide information on the measures taken or envisaged to address the occupational segregation of women in both the public and the private sectors and to promote their access to better paid and higher status jobs and managerial positions, including through the promotion of greater access of women to education and training.

The Committee further notes that the Government’s report continues to fail to respond to its previous comments. The Committee is therefore obliged to reiterate them:

Article 1 of the Convention. Scope of application. The Committee recalls the Government’s statement that the categories excluded from the application of the General Labour Act No. 2/00 (section 1(2) and (3)) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for men and women for work of equal value is applied to these categories of workers, especially civil servants, casual workers and homeworkers.

Article 2. Practical application of the principle of equal remuneration for work of equal value. The Committee refers to its previous comments concerning the occupational segregation of women in the Angolan labour market. It notes from the Government’s report under the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 2008 that women continue to hold lower level positions because of their limited access to education and the high level of discrimination against them. According to data supplied by the Government, men hold 66 per cent of mid-ranking technical and professional posts in the civil service and 72 per cent of senior posts (E/C.12/AGO/3, 20 April 2008, paragraph 17).

…

Article 3. Objective job evaluation. Referring to its previous comments concerning the application of section 164(2) and (3) of the General Labour Act, the Committee reiterates its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors. Noting the adoption of Decree No. 30/08 of 2 May 2008 updating the minimum wage for major economic categories, the Committee asks the Government to indicate how it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the level of rates applying to male-dominated occupations involving work of equal value.

Article 4. Cooperation with the social partners. The Committee notes the Government’s indication that the National Commission for Social Dialogue and the National Committee for the ILO provide a framework for cooperation with the social partners. It also recalls the communication received from the UNTA according to which the National Employment Commission organizes consultations with the various social partners only on an ad hoc basis. The Committee asks the Government to provide information on the composition and mandates of the National Commission for Social Dialogue and the National Committee for the ILO, as well as information on any initiatives undertaken by these bodies and the National Employment Commission with a view to promoting the principle of the Convention and eliminating wage disparities between men and women.

Part III of the report form. Labour inspection. The Committee notes from the Government’s abovementioned ICESCR report that controls by the General Labour Inspectorate on companies’ compliance with the principle of equal remuneration are inadequate and that this leads to violations of the principle in some public and private companies (ibid., paragraph 24). The Committee asks the Government to take appropriate measures to strengthen the capacity of labour inspectors to detect and address cases of violation of the principle of equal remuneration for work of equal value, including through tailored training, and to supply information in this regard. Please also provide information on any violations detected by the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.

Part V of the report form. Statistics. In the absence of the information solicited in its previous direct request, the Committee again asks the Government to do its utmost to provide any available information on the earnings of men and women, disaggregated by sector and category of employment, in the public and private sectors.

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The Committee notes with regret that for a number of years, the Government’s reports have failed to respond to the points raised in the Committee’s comments. The Committee once again emphasizes that this prevents it from assessing the progress made with regard to the practical application of the Convention. The Committee urges the Government to take all necessary steps to ensure that its next report contains information in reply to all the issues raised by the Committee.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report continues to fail to respond to its previous comments. The Committee is therefore obliged to reiterate them, while addressing additional issues.

Article 1 of the Convention.  Scope of application. The Committee recalls the Government’s statement that the categories excluded from the application of the General Labour Act No. 2/00 (section 1(2) and (3)) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for men and women for work of equal value is applied to these categories of workers, especially civil servants, casual workers and homeworkers.

Article 2. Practical application of the principle of equal remuneration for work of equal value. The Committee refers to its previous comments concerning the occupational segregation of women in the Angolan labour market. It notes from the Government’s report under the International Covenant on Economic, Social and Cultural Rights (ICESCR) of 2008 that women continue to hold lower level positions because of their limited access to education and the high level of discrimination against them. According to data supplied by the Government, men hold 66 per cent of mid-ranking technical and professional posts in the civil service and 72 per cent of senior posts (E/C.12/AGO/3, 20 April 2008, paragraph 17).

The Committee also recalls that, according to the communication from the National Union of Angolan Workers (UNTA) of 16 August 2007, women continue to receive low wages, particularly in the private sector, because of their low level of schooling. The Committee notes that the Agreement on Children in Angola of 2007 between the Government, the United Nations and the social partners aims, among other things, at reducing by 80 per cent the gender imbalance in school enrolment rates by 2015. The Committee stresses that occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities is one of the main causes of pay differentials between men and women. It also emphasizes that the promotion of women’s access to education and training is crucial in addressing disparities in remuneration. The Committee asks the Government to provide information on the measures taken or envisaged to address the occupational segregation of women in both the public and the private sectors and to promote their access to better paid and higher status jobs and managerial positions, including through the promotion of greater access of women to education and training.

Article 3. Objective job evaluation. Referring to its previous comments concerning the application of section 164(2) and (3) of the General Labour Act, the Committee reiterates its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors. Noting the adoption of Decree No. 30/08 of 2 May 2008 updating the minimum wage for major economic categories, the Committee asks the Government to indicate how it is ensured that minimum wage rates fixed for female-dominated occupations or sectors are not set below the level of rates applying to male-dominated occupations involving work of equal value.

Article 4. Cooperation with the social partners. The Committee notes the Government’s indication that the National Commission for Social Dialogue and the National Committee for the ILO provide a framework for cooperation with the social partners. It also recalls the communication received from the UNTA according to which the National Employment Commission organizes consultations with the various social partners only on an ad hoc basis. The Committee asks the Government to provide information on the composition and mandates of the National Commission for Social Dialogue and the National Committee for the ILO, as well as information on any initiatives undertaken by these bodies and the National Employment Commission with a view to promoting the principle of the Convention and eliminating wage disparities between men and women.

Part III of the report form. Labour inspection. The Committee notes from the Government’s abovementioned ICESCR report that controls by the General Labour Inspectorate on companies’ compliance with the principle of equal remuneration are inadequate and that this leads to violations of the principle in some public and private companies (ibid., paragraph 24). The Committee asks the Government to take appropriate measures to strengthen the capacity of labour inspectors to detect and address cases of violation of the principle of equal remuneration for work of equal value, including through tailored training, and to supply information in this regard. Please also provide information on any violations detected by the labour inspection services relating to the application of the Convention, as well as on the remedies provided or the sanctions imposed.

Part V of the report form. Statistics. In the absence of the information solicited in its previous direct request, the Committee again asks the Government to do its utmost to provide any available information on the earnings of men and women, disaggregated by sector and category of employment, in the public and private sectors.

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The Committee notes with regret that for a number of years the Government’s reports have failed to respond to the points raised in the Committee’s comments. The Committee once again emphasizes that this prevents it from assessing the progress made with regard to the practical application of the Convention. The Committee urges the Government to take all necessary steps to ensure that its next report contains information in reply to all the issues raised by the Committee.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the communication from the National Union of Angolan Workers (UNTA) of 16 August 2007 concerning the application of the Convention. The Committee notes that once again the Government’s report contains no response to the points raised in its previous comments. It reminds the Government that sending relevant information would enable it to better appreciate the progress made by the Government in applying the Convention and better understand the challenges that the Government has yet to meet. The Committee is, therefore, obliged to reiterate its previous comments and address a number of other matters.

1. Article 1 of the Convention. Scope of application. The Committee recalls the Government’s statement that the categories excluded from the application of the General Labour Act No. 2/00 (sections 1(3) and 2) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for work of equal value is applied to these categories of workers, and especially civil servants, casual workers and homeworkers.

2. Article 2. Practical application of the principle set forth in the Convention. The Committee notes from the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/AGO/4-5, June 2004) that the majority of women working in the civil service in 2002 (75 per cent) belonged to the administrative and assistance staff. During the same year in the diplomatic corps, only 21 per cent of the positions of responsibility were occupied by women and in the justice service only 13 per cent of judges and magistrates were women. Noting as well that men vastly outnumbered women in Angolan political life, the Committee reminds the Government that occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women. It asks the Government, therefore, to provide information on the measures taken or envisaged to address occupational segregation of women in both the public and private sectors and to promote their access to better paid higher status jobs and managerial positions, including the results achieved.

3. Education and training. The Committee previously noted that the disparities between men and women in access to education had also been highlighted by the Government in its report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/AGO/4-5, June 2004). The Committee notes that, according to the communication from the UNTA, women continue to receive low wages, particularly in the private sector, because of their low level of schooling. Noting that equal access to education is an area of concern of the Strategic Framework for the Promotion of Gender Equality by the Year 2005, the Committee asks the Government to send information on the measures taken or envisaged to improve access of women and girls to education and training, and the impact of such measures on the promotion of equal remuneration for men and women for work of equal value.

4. Article 3. Objective job evaluation. Referring to its previous comments concerning the application of sections 164(2) and (3) of the General Labour Act, the Committee must reiterate its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

5. Article 4. Cooperation with the social partners. The Committee notes that, according to the communication from the UNTA, the National Employment Commission organizes consultations between the various social partners, but on an irregular basis. The Committee hopes that the Government will take appropriate steps to ensure that the National Employment Commission functions properly and hopes that the Government will work in close cooperation with this Commission to prevent and eliminate wage disparities between men and women. The Committee asks the Government to send information on the manner in which the social partners integrate the principle of equal remuneration for men and women for work of equal value, and on the initiatives of the National Employment Commission.

6. Part V of the report form. Statistics. While taking due note of the difficulties which the Government may have in gathering and processing statistics on the remuneration of men and women, the Committee asks the Government to do its utmost to provide any available information on the remuneration of men and women, disaggregated by sector and category of employment, in the public and private sectors.

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The Committee notes once again that the Government’s report does not respond to the points made in its previous comments nor does it contain information allowing the Committee to assess the progress made with respect to the application of the Convention. It is obliged, therefore, to repeat its previous comments along with other points as follows:

1. Article 1 of the Convention. Scope of application. The Committee recalls the Government’s statement that the categories excluded from the application of the General Labour Act No. 2/00 (sections 1(3) and 2) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for work of equal value is applied to these categories of workers, and especially civil servants, casual workers and homeworkers.

2. Article 2. Practical application of the principle of the Convention. The Committee notes from the Government’s report to the Committee on the Elimination of Discrimination against Women (CEDAW/C/AGO/4-5, June 2004) that the majority of women working in the civil service in 2002 (75 per cent) belonged to the administrative and assistance staff. During the same year in the diplomatic corps, only 21 per cent of the positions of responsibility were occupied by women and in the Justice Service only 13 per cent of judges and magistrates were women. Noting as well that men vastly outnumbered women in Angolan political life, the Committee reminds the Government that occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women. It asks the Government, therefore, to provide information on the measures taken or envisaged to address occupational segregation of women in both the public and private sectors and to promote their access to better paid higher status jobs and managerial positions, including the results achieved.

3. Education and training. The Committee notes that, according to the Government’s report to the CEDAW, “one of the biggest problems women find in gaining access to decent, well-paying jobs is their low, or non-existent, level of schooling” (CEDAW/C/AGO/1-3, November 2002, page 30). Noting that equal access to education is an area of concern of the Strategic Framework for the Promotion of Gender Equality by the Year 2005, the Committee asks the Government to send information on the measures taken or envisaged to improve access of women and girls to education and training, and the impact of such measures on the promotion of equal remuneration for men and women for work of equal value.

4. Article 3. Objective job evaluation. Referring to its previous comments concerning the application of sections 164(2) and 164(3) of the General Labour Act, the Committee must reiterate its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

5. Part V of the report form. Statistical information. The Committee acknowledges that some countries may not be in a position to provide full statistical information as set out in its 1998 general observation. It points out, however, that it is still necessary for governments to provide the Committee with all the information that is currently available in order to permit an adequate evaluation of the nature, extent and causes of pay differentials between men and women, and the progress achieved in the implementation of the Convention in both the public and private sectors. It therefore again urges the Government to make every effort to collect and communicate, in its next report, whatever information there is available on the following points:

(a)   the most recent wage scales for the public service and similar services, and the distribution of men and women at the various wage levels;

(b)   the most recent statistics on the minimum wage rates and average earnings of men and women, if possible, by occupation, sector of economy (in particular, agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), and with an indication of the corresponding percentage of men and women;

(c)   the text of collective or other agreements fixing wage levels that are higher than the minimum wage established for the various sectors of the economy, and the distribution of men and women at the various wage levels covered by these agreements; and

(d)   the measures taken or envisaged to monitor the equality of wages.

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The Committee notes with regret that the Government’s report fails to respond to the Committee’s previous direct requests. In recent years, the Government’s reports have not provided sufficient information to enable the Committee to assess the progress made with regard to the practical application of the Convention. The Committee, therefore, urges the Government to supply the information requested and to make every effort to take the necessary action in the near future.

The Committee is also addressing a request directly to the Government.

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1. Article 1 of the Convention. Scope of application. Referring to its previous comments, the Committee notes the Government’s statement that the categories excluded from the application of the General Labour Act, No. 2/00 (sections 1(3) and 2) are covered by separate laws. Please provide copies of the relevant laws, as well as any information on the manner in which the principle of equal remuneration for work of equal value is applied to these categories of workers, and especially civil servants and casual and homeworkers.

2. Article 2. Practical application of the principle of the Convention. The Committee notes that, according to the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW/C/AGO/1-3, November 2002, page 30), "one of the biggest problems women find in gaining access to decent, well-paying jobs is their low, or non-existent, level of schooling". Noting that equal access to education is an area of concern of the Strategy and Strategic Framework for the Promotion of Gender Equality by the Year 2005, the Committee asks the Government to send information on the measures taken or envisaged to improve access of women and girls to education and training, and their impact on the promotion of equal remuneration for work of equal value between men and women.

3. The Committee regrets to note that the Government’s reports in recent years have not provided sufficient information to enable the Committee to assess the progress made with regard to the practical application of the principle of the Convention. While the Committee acknowledges that some countries may not be in a position to provide full statistical information, it wishes to point out that it is still necessary for the Committee to be provided with all the information that is currently available in order to permit an adequate evaluation of the nature, extent and causes of pay differentials between men and women, and the progress achieved in the implementation of the Convention in both the public and private sectors. It therefore urges the Government to make every effort to collect and communicate, in its next report, whatever information there is available on the following points:

(a)  the most recent wage scales for the public service and similar services, and the distribution of men and women at the various wage levels;

(b)  the most recent statistics on the minimum wage rates and average earnings of men and women, if possible, by occupation, sector of economy (in particular agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), and with an indication of the corresponding percentage of men and women;

(c)  the text of collective or other agreements fixing wage levels that are higher than the minimum wage established for the various sectors of the economy, and the distribution of men and women at the various wage levels covered by these agreements;

(d)  the measures taken or envisaged to monitor the equality of wages.

4. Article 3. Objective job evaluation. Referring to its previous comments concerning the application of sections 164(2) and 164(3) of the General Labour Act, the Committee must reiterate its request to the Government to provide information regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

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The Committee notes that the Government’s report does not reply to many of its previous comments, thus it is bound to revert to some of the matters raised in its previous direct requests, which read as follows:

1. The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. The Committee notes that the Act applies to non-resident foreign workers (section 1(3)), but excludes from its coverage civil servants and other state employees, permanent employees of consular offices or international organizations, partners in private sector cooperatives or other non-governmental organizations, home work and casual work (section 2). In view of these exclusions, the Committee asks the Government to supply information on the manner in which the principle of the Convention is applied to those categories of workers not covered by the Act.

2. Article 2. The Government indicates that the principle of the Convention is applied in practice in Angola and that workers are placed in a professional grade or salary group on the basis of their length of service and academic qualifications, without any discrimination on the basis of sex. In this context, the Committee once again notes that insufficient information is available to enable it to assess the practical application of the principle of the Convention. It therefore repeats its request that the Government supply with its next report:

(i)  for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii)  the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii)  statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy (in particular, agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv)  information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

Noting that it has continued to ask the Government to supply the statistical data referred to above since 1994, the Committee reminds the Government of the possibility of seeking technical assistance from the Office to facilitate the Government’s collection and analysis of the labour statistics requested.

3. Article 3. The Committee notes that, according to section 164(2) of the Act, the different components of the employee’s remuneration must be fixed pursuant to methods that are identical for both men and women workers. Further, section 164(3) provides that job evaluation criteria utilized must be the same for workers of both sexes. The Committee asks the Government to provide information in its next report regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

4. The Committee notes from the Government’s report that Decree No. 2/95 of 17 February 1995, which establishes the wage scales for the public sector, is to be revoked. The Committee would appreciate receiving copies of the revoking instrument and of the new wage scales as soon as they are published.

The Committee once more hopes that the Government will provide replies to these points with its next report. It also asks the Government to provide a copy of the legislation on wages of various groups of workers since it is not annexed to the Government’s report as had been indicated.

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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 enactment of the General Labour Act, No. 2/00 of 11 February 2000. The Committee notes that the Act applies to non-resident foreign workers (section 1(3)), but excludes from its coverage civil servants and other state employees, permanent employees of consular offices or international organizations, partners in private-sector cooperatives or other non-governmental organizations, home work and casual work (section 2). In view of these exclusions, the Committee asks the Government to supply information on the manner in which the principle of the Convention is applied to those categories of workers not covered by the Act.

2.  Article 2. The Government indicates that the principle of the Convention is applied in practice in Angola and that workers are placed in a professional grade or salary group on the basis of their length of service and academic qualifications, without any discrimination on the basis of sex. In this context, the Committee once again notes that insufficient information is available to enable it to assess the practical application of the principle of the Convention. It therefore repeats its request that the Government supply with its next report:

(i)  for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii)  the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii)  statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy, (in particular, agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv)  information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

Noting that it has continued to ask the Government to supply the statistical data referred to above since 1994, the Committee reminds the Government of the possibility of seeking technical assistance from the Office to facilitate the Government’s collection and analysis of the labour statistics requested.

3. Article 3. The Committee notes that, according to section 164(2) of the Act, the different components of the employee’s remuneration must be fixed pursuant to methods that are identical for both men and women workers. Further, section 164(3) provides that job evaluation criteria utilized must be the same for workers of both sexes. The Committee asks the Government to provide information in its next report regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

4. The Committee notes from the Government’s report that Decree No. 2/95 of 17 February 1995, which establishes the wage scales for the public sector, is to be revoked. The Committee would appreciate receiving copies of the revoking instrument and of the new wage scales as soon as they are published.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. It notes with interest that section 162(1) of the Act defines remuneration broadly in general conformity with Article 1(a) of the Convention.

2. The Committee further notes with interest that section 264 of the Act requires employers to ensure that workers receive equal remuneration for equal work or work of equal value, subject to the worker’s skills and output. Chapter XI(I) of the Act contains provisions relating specifically to the employment of women, including section 268(2)(d), which establishes the right of women workers to receive equal remuneration for equal work or for work of equal value. Subsection 3(b) of section 268 defines work of equal value as "work carried out for the same employer, when the tasks performed, albeit of different natures, are determined to be equivalent through the application of objective job evaluation criteria". In the Committee’s view, the incorporation of the principle of equal value and objective job evaluation criteria in national legislation are very positive developments in the application of the Convention. The Committee hopes that the Government will undertake activities to raise awareness and understanding among workers, employers, labour inspectors and other enforcement officers regarding the new equal pay process. It also expresses the hope that the Government will endeavour to promote the principle of equal remuneration for men and women to cases extending beyond those employed by the same employer, wherever wages are set more broadly, for example, at the sector level. In applying the principle of the Convention by means appropriate to the methods in operation for determining rates of remuneration, the reach of the comparison between jobs should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see General Survey on equal remuneration, ILO, 1988, paragraph 22).

The Committee is raising other points in a request addressed directly to the Government.

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1.  The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. The Committee notes that the Act applies to non-resident foreign workers (section 1(3)), but excludes from its coverage civil servants and other state employees, permanent employees of consular offices or international organizations, partners in private-sector cooperatives or other non-governmental organizations, home work and casual work (section 2). In view of these exclusions, the Committee asks the Government to supply information on the manner in which the principle of the Convention is applied to those categories of workers not covered by the Act.

2.  Article 2.  The Government indicates that the principle of the Convention is applied in practice in Angola and that workers are placed in a professional grade or salary group on the basis of their length of service and academic qualifications, without any discrimination on the basis of sex. In this context, the Committee once again notes that insufficient information is available to enable it to assess the practical application of the principle of the Convention. It therefore repeats its request that the Government supply with its next report:

(i)  for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii)  the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii) statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy, (in particular, agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv) information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

Noting that it has continued to ask the Government to supply the statistical data referred to above since 1994, the Committee reminds the Government of the possibility of seeking technical assistance from the Office to facilitate the Government’s collection and analysis of the labour statistics requested.

3.  Article 3.  The Committee notes that, according to section 164(2) of the Act, the different components of the employee’s remuneration must be fixed pursuant to methods that are identical for both men and women workers. Further, section 164(3) provides that job evaluation criteria utilized must be the same for workers of both sexes. The Committee asks the Government to provide information in its next report regarding the methods of job evaluation used to determine rates of remuneration in the public and private sectors.

4.  The Committee notes from the Government’s report that Decree No. 2/95 of 17 February 1995, which establishes the wage scales for the public sector, is to be revoked. The Committee would appreciate receiving copies of the revoking instrument and of the new wage scales as soon as they are published.

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1.  The Committee notes the enactment of the General Labour Act, No. 2/00 of 11 February 2000. It notes with interest that section 162(1) of the Act defines remuneration broadly in general conformity with Article 1(a) of the Convention.

2.  The Committee further notes with interest that section 264 of the Act requires employers to ensure that workers receive equal remuneration for equal work or work of equal value, subject to the worker’s skills and output. Chapter XI(I) of the Act contains provisions relating specifically to the employment of women, including section 268(2)(d), which establishes the right of women workers to receive equal remuneration for equal work or for work of equal value. Subsection 3(b) of section 268 defines work of equal value as "work carried out for the same employer, when the tasks performed, albeit of different natures, are determined to be equivalent through the application of objective job evaluation criteria". In the Committee’s view, the incorporation of the principle of equal value and objective job evaluation criteria in national legislation are very positive developments in the application of the Convention. The Committee hopes that the Government will undertake activities to raise awareness and understanding among workers, employers, labour inspectors and other enforcement officers regarding the new equal pay process. It also expresses the hope that the Government will endeavour to promote the principle of equal remuneration for men and women to cases extending beyond those employed by the same employer, wherever wages are set more broadly, for example, at the sector level. In applying the principle of the Convention by means appropriate to the methods in operation for determining rates of remuneration, the reach of the comparison between jobs should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see General Survey on equal remuneration, ILO, 1988, paragraph 22).

3.  The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that, for a number of years, the Government has not replied to the matters raised in the Committee's previous direct requests. Noting the Government's reference to Decree No. 2/95 of 17 February 1995, which establishes the wage scales for the public sector, the Government is requested to provide a copy of this Decree for examination by the Committee. The Committee urges the Government to provide full information in response to the points contained in its previous direct request, which read as follows:

1. The Committee recalls that equal rights and duties of citizens without distinction as to sex and fair remuneration for each worker are provided for in the Constitutional Act (sections 18 and 46 of the amended Act No. 23/92 of 16 September 1992). It notes that no provision in the legislation enshrines the principle contained in the Convention, by virtue of which equal remuneration shall be paid to men and women for work of equal value. In its report, the Government states that it has adopted a system of wage categories which does not take into consideration the sex of the workers, but is based on their skills and the requirements of the job. The Committee recalls that by virtue of Article 2, paragraph 2 of the Convention, the principle of equal remuneration may be applied by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements between employers and workers or a combination of these various means.

The Committee requests the Government to indicate the manner in which it intends to give effect to this obligation and the manner in which it encourages the application of the principle set out in the Convention in collective bargaining with which it is not associated.

2. The Committee notes that insufficient information is available to assess the manner in which the principle of equal remuneration is applied in practice. It would therefore be grateful if the Government would supply with its next report:

(i) for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii) the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii) statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy,(in particular, agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv) information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

3. The Committee recalls that by virtue of national law and practice, the term "remuneration" covers only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned do not form part of their remuneration. The Committee notes that the Government, although recognizing that this situation is contrary to Article 1(a) of the Convention, states that it is a legislative omission which will be reviewed during the current restructuring in the public administration. The Committee hopes that the Government will be in a position to indicate the progress achieved in this respect in its next report.

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The Committee notes with regret that the Government's report fails to respond to the Committee's previous direct requests. The Committee urges the Government to supply the information requested and hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee notes with regret 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 recalls that equal rights and duties of citizens without distinction as to sex and fair remuneration for each worker are provided for in the Constitutional Act (sections 18 and 46 of the amended Act No. 23/92 of 16 September 1992). It notes that no provision in the legislation enshrines the principle contained in the Convention, by virtue of which equal remuneration shall be paid to men and women for work of equal value. In its report, the Government states that it has adopted a system of wage categories which does not take into consideration the sex of the workers, but is based on their skills and the requirements of the job. The Committee recalls that by virtue of Article 2, paragraph 2, of the Convention, the principle of equal remuneration may be applied by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements between employers and workers or a combination of these various means.

The Committee requests the Government to indicate the manner in which it intends to give effect to this obligation and the manner in which it encourages the application of the principle set out in the Convention in collective bargaining with which it is not associated.

2. The Committee notes that insufficient information is available to enable it to assess the manner in which the principle of equal remuneration is applied in practice. It would therefore be grateful if the Government would supply with its next report:

(i) for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii) the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii) statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy (in particular agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv) information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

3. The Committee recalls that by virtue of national law and practice, the term "remuneration" covers only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned do not form part of their remuneration. The Committee notes that the Government, although recognizing that this situation is contrary to Article 1(a) of the Convention, states that it is a legislative omission which will be reviewed during the current restructuring in the public administration. The Committee hopes that the Government will be in a position to indicate the progress achieved in this respect in its next report.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes that as the Government's report gives no further particulars in reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will not fail to take the necessary steps and supply the information requested.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. The Committee recalls that equal rights and duties of citizens without distinction as to sex and fair remuneration for each worker are provided for in the Constitutional Act (sections 18 and 46 of the amended Act No. 23/92 of 16 September 1992). It notes that no provision in the legislation enshrines the principle contained in the Convention, by virtue of which equal remuneration shall be paid to men and women for work of equal value. In its report, the Government states that it has adopted a system of wage categories which does not take into consideration the sex of the workers, but is based on their skills and the requirements of the job. The Committee recalls that by virtue of Article 2, paragraph 2, of the Convention, the principle of equal remuneration may be applied by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements between employers and workers or a combination of these various means.

The Committee requests the Government to indicate the manner in which it intends to give effect to this obligation and the manner in which it encourages the application of the principle set out in the Convention in collective bargaining with which it is not associated.

2. The Committee notes that insufficient information is available to enable it to assess the manner in which the principle of equal remuneration is applied in practice. It would therefore be grateful if the Government would supply with its next report:

(i) for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii) the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii) statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy (in particular agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv) information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

3. The Committee recalls that by virtue of national law and practice, the term "remuneration" covers only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned do not form part of their remuneration. The Committee notes that the Government, although recognizing that this situation is contrary to Article 1(a) of the Convention, states that it is a legislative omission which will be reviewed during the current restructuring in the public administration. The Committee hopes that the Government will be in a position to indicate the progress achieved in this respect in its next report.

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The Committee notes that as the Government's report gives no further particulars in reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will not fail to take the necessary steps and supply the information requested.

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The Committee notes the Government's report.

1. The Committee recalls that equal rights and duties of citizens without distinction as to sex and fair remuneration for each worker are provided for in the Constitutional Act (sections 18 and 46 of the amended Act No. 23/92 of 16 September 1992). It notes that no provision in the legislation enshrines the principle contained in the Convention, by virtue of which equal remuneration shall be paid to men and women for work of equal value. In its report, the Government states that it has adopted a system of wage categories which does not take into consideration the sex of the workers, but is based on their skills and the requirements of the job. The Committee recalls that by virtue of Article 2, paragraph 2, of the Convention, the principle of equal remuneration may be applied by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements between employers and workers or a combination of these various means.

The Committee requests the Government to indicate the manner in which it intends to give effect to this obligation and the manner in which it encourages the application of the principle set out in the Convention in collective bargaining with which it is not associated.

2. The Committee notes that insufficient information is available to enable it to assess the manner in which the principle of equal remuneration is applied in practice. It would therefore be grateful if the Government would supply with its next report:

(i) for the public service and similar services, for which the wage scales are established by Decree No. 57/91, the distribution of men and women at the various wage levels;

(ii) the text of collective or other agreements which fix wage levels that are higher than the minimum wage in the various sectors of the economy, with an indication, if possible, of the percentage of women covered by these collective agreements and the distribution of men and women at the various wage levels;

(iii) statistics on the minimum wage rates and average earnings of men and women, if possible by occupation, sector of the economy (in particular agriculture, fishing, industry and commerce, in which an increase in the participation rate of women has been noted), seniority and qualification level, with an indication of the corresponding percentage of women;

(iv) information on the measures taken to monitor the equality of wages and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed) and on the decisions of the courts relating to any violations.

3. The Committee recalls that by virtue of national law and practice, the term "remuneration" covers only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned do not form part of their remuneration. The Committee notes that the Government, although recognizing that this situation is contrary to Article 1(a) of Convention, states that it is a legislative omission which will be reviewed during the current restructuring in the public administration. The Committee hopes that the Government will be in a position to indicate the progress achieved in this respect in its next report.

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The Committee has noted the information supplied by the Government in its last three reports.

1. The Committee has noted that section 21 of Constitutional Act No. 12/91 of 6 May 1991 provides for equal rights and duties of citizens without distinction as to sex and that section 33 provides for fair remuneration. It asks the Government to indicate what provision of national law states the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that, pursuant to the Government's policy of making wage policy more flexible in order to encourage the process of collective bargaining to settle working conditions, Decree No. 59/91 of 4 October 1991 allows the minimum wages fixed for workers in state, private or mixed undertakings to be exceeded through a process of collective bargaining between workers' and employers' representatives. The Committee would be grateful if the Government would indicate in its next report the measures taken to ensure that, when wages above the mandatory minimum are fixed, the principle of equal remuneration for men and women for work of equal value is duly taken into account. It asks the Government to supply the text of collective agreements fixing wages above the minimum, if possible indicating the proportion of women covered by such collective agreements and the distribution of men and women at the various wage levels.

3. The Committee has taken note of Decree No. 57/91 of 4 October 1991 approving the wage scale for workers in the public administration and similar organisations. It asks the Government to indicate the distribution of men and women at the various wage levels.

4. The Committee again asks the Government to supply information on the wages applicable in sectors of productive activity, such as agriculture, fishing, industry and trade, in which an increase has been observed in the participation of women workers.

5. In one of its previous reports the Government stated that the term "remuneration" covered only the cash wage payable to workers according to the quality and complexity of the work performed, and that the other financial benefits received by those concerned did not form part of their remuneration as defined by the law. The Committee points out that according to Article 1(a) of the Convention the term "remuneration" includes both the ordinary basic minimum wage and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. It asks the Government to indicate the measures taken or contemplated to ensure that the principle of equal remuneration is applied to all components of remuneration in accordance with Article 1(a) of the Convention.

6. The Committee notes that, according to the inspection report for 1988, 241 cases of violation of the wage-fixing standards were detected. It asks the Government to state what action has been taken on these cases of violation and to continue to provide information on the activities of the labour inspectorate with regard to equal remuneration.

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The Committee notes with interest the detailed information supplied by the Government in its reports (which were received in 1986 and 1988) in reply to its previous comments, and requests the Government to refer also to the observation that it has made concerning the Convention.

The Committee also notes the Government's statement that, in accordance with the national wages policy, the term "remuneration" includes only the cash wages payable to workers according to the quality, complexity and quantity of work performed, while the other financial benefits that the persons concerned receive, do not form part of their remuneration as defined by the legislation.

The Committee recalls that, in accordance with Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment. It therefore requests the Government to indicate how the application to all workers without distinction on grounds of sex, of the principle of equal remuneration for work of equal value, as set out in the Convention, is ensured in this case.

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The Committee notes the detailed information supplied by the Government in reply to its previous comments.

It has examined the text of the Executive Decrees adopted in 1986 and 1987 (and supplied with the Government's reports) respecting the wage-fixing systems in various sectors. The Committee notes with satisfaction that the wage rates are determined on the basis of certain inherent elements of jobs and are applicable uniformly to all workers without distinction on grounds of sex. Jobs are classified into occupational categories as a function of the nature and complexity of the work that they involve and the skills required of the persons performing them.

The Committee requests the Government to continue supplying information on this subject, and particularly on the wages applicable in sectors of productive activity (such as agriculture, fishing, industry and commerce) in which, according to the Government's statements in its reports, an increase has recently been observed in the participation of women workers.