Equal Remuneration Convention, 1951 (No. 100) - Gabon (RATIFICATION: 1961)

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The Committee notes 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

Articles 1 and 2 of the Convention. Enforcement. Awareness raising and training. In reply to the Committee’s request for information on awareness-raising and training activities for workers, employers and their respective organizations, labour inspectors and magistrates to enhance their capacity to detect wage inequalities and bring an end to them, the Government indicates that: (1) for budgetary reasons, it has not been possible for a few years to hold the annual meeting of labour inspectors responsible for organizing training workshops, but that the Decent Work Country Programme (DWCP) that is currently being prepared by the ILO and the Government envisages a training component for the first quarter of 2020; (2) labour inspectors are not adequately trained on the Convention and awareness-raising seminars are planned to train them in this area; and (3) in practice, no complaint concerning wage discrimination has been made to either labour inspectors or the courts, and the only cases of disputes have been related to complaints of pay below the minimum wage. Recalling that the absence of complaints does not mean that discrimination does not exist, the Committee requests the Government to provide information on any measures taken, within the framework of the training component of the DWCP or in any other context, to train and raise the awareness of workers and employers concerning their respective rights and obligations in relation to equal remuneration and to improve the training of labour inspectors and magistrates so that they can deal with cases of wage discrimination, either on the basis of complaints made by workers or the findings of labour inspectors during enterprise inspections. Noting that the only complaints relating to wages concern the non-payment of the minimum wage, the Committee requests the Government to indicate the gender of the workers who lodged the complaints and to continue providing information disaggregated by sex on any cases of wage discrimination examined and dealt with by the labour inspection services or the courts.

Statistics. The Committee recalls that, following the creation of the National Agency of Statistics and Demographic, Economic and Social Studies (ANSEDES) in 2015, it expressed the hope that it would receive data on the earnings of men and women by sector of activity, occupation and level of employment in the public and private sectors. It notes that the Government has confined itself to referring once again to the role and objectives of the ANSEDES, without providing the requested statistical data. The Committee wishes to recall the importance of the availability of statistics to allow the analysis of the jobs occupied by men and women and their respective remuneration as the occupational segregation of men and women is one of the deep-rooted causes of pay gaps between men and women workers. In this regard, it draws the Government’s attention to its general observation on the Convention published in 1999, in which it provides specific guidance on the type of statistics, disaggregated by gender, that should be provided as a basis for the evaluation of the level of occupational segregation. The Committee requests the Government to provide the statistical data compiled by the ANSEDES since 2015 on the labour market participation rate of men and women, by sector of activity and occupation, in the public and private sectors, and their respective remuneration or, if such data is not yet available, to provide any available information and to continue working on the compilation of full statistical information.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that for very many years it has been emphasizing the need to amend section 140 of the Labour Code, the provisions of which are too restrictive in relation to those of the Convention and do not allow the comparison of work that is of a different nature and performed under different conditions (skills/qualifications, responsibilities, effort, conditions of work), but which could be of equal value overall. The Committee recalls that section 140 makes the application of equal remuneration conditional on the existence of “equal conditions of work, skills and output”, on the one hand, and work “of equal value and of the same nature”, on the other. The Committee notes the Government’s indication in its report that the Labour Code is currently being updated, which is a priority project for the Government. It indicates that section 140 will be modified and become section 171 of the draft Labour Code, which provides that: “For work of equal value, remuneration shall be equal for all workers, irrespective of their origin, opinion, sex and age. Equal remuneration for men and women for work of equal value and of the same nature refers to the remuneration rates set without discrimination on the basis of sex.” The Committee notes with regret that this wording still does not provide for equal remuneration for men and women for work of equal value as set out in the Convention, as it retains the concept of “the same nature”. It also emphasizes that the wording in the draft text of section 171 “of equal value of vocational skills and output” limits the application of equal remuneration to a comparison of the value of vocational skills and output. In this regard, the Committee recalls that in order to eliminate discrimination in relation to remuneration, which inevitably arises if the value of the work performed by men and women is not recognized free from any sexist bias, it is essential to compare the value of work in occupations in which the work may require different types of skills and also involve different levels of responsibility and conditions of work, but which are nevertheless of equal value overall. It emphasizes in this respect that the concept of equal “value” as set out in the Convention permits a broad scope of comparison, including “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This is crucial for the full application of the Convention as, in practice, men and women are often not engaged in the same jobs. Furthermore, the Committee recalls that, as effective application of the principle of the Convention is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 675 and 698). The Committee therefore urges the Government to take the necessary measures to ensure that the future Labour Code gives full expression and full effect to the principle of equal remuneration for men and women for work of equal value, without limitations that are contrary to the Convention, and to provide information on any progress achieved in this regard.

Articles 2 and 3. Determination of rates of remuneration. Public service. Objective job evaluation. In its previous comment, the Committee requested the Government to explain in detail the methods and criteria used to determine pay levels following the introduction in 2015 of a new pay system in the public service, in order to ensure that jobs principally occupied by women have not been undervalued in relation to those mainly occupied by men. The Committee notes the information provided by the Government to the effect that the calculation of the pay of a State official takes into account the following elements: the basic pay, the reference indicative pay scale and the indicative scale of bonuses. These elements are uniform, calculated and paid pro rata based on the days worked, although the final remuneration may vary as it is based on collective results, the individual performance of the official and the payment of different bonuses and additional allowances. Noting that, according to the detailed explanations provided by the Government, one of the important components of final remuneration is based on the individual performance of officials, the Committee recalls that there is a significant difference between the concept of the evaluation of professional performance, which aims to evaluate the manner in which a particular worker carries out the job (output), and the concept of objective job evaluation, which evaluates the job (and not the worker) with a view to measuring the relative value of jobs that do not have the same content. The Committee also recalls that Article 3 of the Convention presupposes the use of appropriate methods for the objective evaluation of jobs. As women are very often engaged in different jobs to men, it is necessary to have a method of comparison through which it is possible to measure and compare the relative value of different jobs on the basis of objective and non-discriminatory factors (such as the required skills/qualifications, effort, responsibilities and working conditions) to prevent any sexist bias in their evaluation. Experience shows that skills that are often considered to be “female”, such as manual dexterity and those required in the caring professions, are frequently undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and to the widening of the pay gap between men and women (see the 2012 General Survey, paragraphs 695 to 701). The Committee requests the Government to indicate the measures adopted to ensure that the pay system for employees of the public service established in 2015 is free of gender bias. Noting the Government’s indication that the jobs predominantly held by women have not been undervalued in relation to those occupied by men, the Committee requests it to provide information on the methods used to evaluate and establish the classification of the various jobs in the public service and to provide the corresponding salary scales, disaggregated by sex.

The Committee is raising other matters 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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Articles 1 and 2 of the Convention. Enforcement. Awareness raising and training. In reply to the Committee’s request for information on awareness-raising and training activities for workers, employers and their respective organizations, labour inspectors and magistrates to enhance their capacity to detect wage inequalities and bring an end to them, the Government indicates that: (1) for budgetary reasons, it has not been possible for a few years to hold the annual meeting of labour inspectors responsible for organizing training workshops, but that the Decent Work Country Programme (DWCP) that is currently being prepared by the ILO and the Government envisages a training component for the first quarter of 2020; (2) labour inspectors are not adequately trained on the Convention and awareness-raising seminars are planned to train them in this area; and (3) in practice, no complaint concerning wage discrimination has been made to either labour inspectors or the courts, and the only cases of disputes have been related to complaints of pay below the minimum wage. Recalling that the absence of complaints does not mean that discrimination does not exist, the Committee requests the Government to provide information on any measures taken, within the framework of the training component of the DWCP or in any other context, to train and raise the awareness of workers and employers concerning their respective rights and obligations in relation to equal remuneration and to improve the training of labour inspectors and magistrates so that they can deal with cases of wage discrimination, either on the basis of complaints made by workers or the findings of labour inspectors during enterprise inspections. Noting that the only complaints relating to wages concern the non-payment of the minimum wage, the Committee requests the Government to indicate the gender of the workers who lodged the complaints and to continue providing information disaggregated by sex on any cases of wage discrimination examined and dealt with by the labour inspection services or the courts.

Statistics. The Committee recalls that, following the creation of the National Agency of Statistics and Demographic, Economic and Social Studies (ANSEDES) in 2015, it expressed the hope that it would receive data on the earnings of men and women by sector of activity, occupation and level of employment in the public and private sectors. It notes that the Government has confined itself to referring once again to the role and objectives of the ANSEDES, without providing the requested statistical data. The Committee wishes to recall the importance of the availability of statistics to allow the analysis of the jobs occupied by men and women and their respective remuneration as the occupational segregation of men and women is one of the deep-rooted causes of pay gaps between men and women workers. In this regard, it draws the Government’s attention to its general observation on the Convention published in 1999, in which it provides specific guidance on the type of statistics, disaggregated by gender, that should be provided as a basis for the evaluation of the level of occupational segregation. The Committee requests the Government to provide the statistical data compiled by the ANSEDES since 2015 on the labour market participation rate of men and women, by sector of activity and occupation, in the public and private sectors, and their respective remuneration or, if such data is not yet available, to provide any available information and to continue working on the compilation of full statistical information.

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Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that for very many years it has been emphasizing the need to amend section 140 of the Labour Code, the provisions of which are too restrictive in relation to those of the Convention and do not allow the comparison of work that is of a different nature and performed under different conditions (skills/qualifications, responsibilities, effort, conditions of work), but which could be of equal value overall. The Committee recalls that section 140 makes the application of equal remuneration conditional on the existence of “equal conditions of work, skills and output”, on the one hand, and work “of equal value and of the same nature”, on the other. The Committee notes the Government’s indication in its report that the Labour Code is currently being updated, which is a priority project for the Government. It indicates that section 140 will be modified and become section 171 of the draft Labour Code, which provides that: “For work of equal value, remuneration shall be equal for all workers, irrespective of their origin, opinion, sex and age. Equal remuneration for men and women for work of equal value and of the same nature refers to the remuneration rates set without discrimination on the basis of sex.” The Committee notes with regret that this wording still does not provide for equal remuneration for men and women for work of equal value as set out in the Convention, as it retains the concept of “the same nature”. It also emphasizes that the wording in the draft text of section 171 “of equal value of vocational skills and output” limits the application of equal remuneration to a comparison of the value of vocational skills and output. In this regard, the Committee recalls that in order to eliminate discrimination in relation to remuneration, which inevitably arises if the value of the work performed by men and women is not recognized free from any sexist bias, it is essential to compare the value of work in occupations in which the work may require different types of skills and also involve different levels of responsibility and conditions of work, but which are nevertheless of equal value overall. It emphasizes in this respect that the concept of equal “value” as set out in the Convention permits a broad scope of comparison, including “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This is crucial for the full application of the Convention as, in practice, men and women are often not engaged in the same jobs. Furthermore, the Committee recalls that, as effective application of the principle of the Convention is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 675 and 698). The Committee therefore urges the Government to take the necessary measures to ensure that the future Labour Code gives full expression and full effect to the principle of equal remuneration for men and women for work of equal value, without limitations that are contrary to the Convention, and to provide information on any progress achieved in this regard.

Articles 2 and 3. Determination of rates of remuneration. Public service. Objective job evaluation. In its previous comment, the Committee requested the Government to explain in detail the methods and criteria used to determine pay levels following the introduction in 2015 of a new pay system in the public service, in order to ensure that jobs principally occupied by women have not been undervalued in relation to those mainly occupied by men. The Committee notes the information provided by the Government to the effect that the calculation of the pay of a State official takes into account the following elements: the basic pay, the reference indicative pay scale and the indicative scale of bonuses. These elements are uniform, calculated and paid pro rata based on the days worked, although the final remuneration may vary as it is based on collective results, the individual performance of the official and the payment of different bonuses and additional allowances. Noting that, according to the detailed explanations provided by the Government, one of the important components of final remuneration is based on the individual performance of officials, the Committee recalls that there is a significant difference between the concept of the evaluation of professional performance, which aims to evaluate the manner in which a particular worker carries out the job (output), and the concept of objective job evaluation, which evaluates the job (and not the worker) with a view to measuring the relative value of jobs that do not have the same content. The Committee also recalls that Article 3 of the Convention presupposes the use of appropriate methods for the objective evaluation of jobs. As women are very often engaged in different jobs to men, it is necessary to have a method of comparison through which it is possible to measure and compare the relative value of different jobs on the basis of objective and non-discriminatory factors (such as the required skills/qualifications, effort, responsibilities and working conditions) to prevent any sexist bias in their evaluation. Experience shows that skills that are often considered to be “female”, such as manual dexterity and those required in the caring professions, are frequently undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and to the widening of the pay gap between men and women (see the 2012 General Survey, paragraphs 695 to 701). The Committee requests the Government to indicate the measures adopted to ensure that the pay system for employees of the public service established in 2015 is free of gender bias. Noting the Government’s indication that the jobs predominantly held by women have not been undervalued in relation to those occupied by men, the Committee requests it to provide information on the methods used to evaluate and establish the classification of the various jobs in the public service and to provide the corresponding salary scales, disaggregated by sex.

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

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Articles 2 and 3 of the Convention. Determination of rates of remuneration. Objective job evaluation. The Committee notes that the Government reaffirms that there is no gender pay discrimination in the country and indicates that it will supply information on any measures taken with regard to job evaluation. It also notes the Government’s indication that a new pay system for public servants came into force on 25 July 2015 and that the purpose of this system is to enhance salaries and hence retirement pensions. The Committee considers that upgrading low salaries, which correspond in most cases to posts occupied by women at the bottom of the pay scale, may have the effect of reducing the gender pay gap. In order to evaluate to what extent the new pay system for public servants can enable the principle of equal pay for men and women for work of equal value to be applied, the Committee requests the Government to explain in detail the methods and criteria used to determine pay levels in the new system, indicating how it is ensured that posts largely occupied by women have not been undervalued in relation to posts largely occupied by men.

Awareness raising and training. Enforcement. The Committee notes that the Government’s report does not contain any information on this point. The Committee requests the Government to supply information on the following points: (i) awareness-raising measures and training activities for workers, employers, their respective organizations, labour inspectors and magistrates to enhance their capacity to detect and stop pay inequalities; and (ii) cases of pay discrimination dealt with by labour inspectors or the courts.

Statistics. The Committee notes that the Government refers to the establishment by presidential decree of the National Agency of Statistics and Demographic, Economic and Social Studies (ANSEDES), whose responsibilities include producing, analysing and disseminating official statistics, conducting periodic or one-off surveys of general interest in enterprises or households and measuring the main economic indicators of the country. The Committee recalls that, in order to effectively address the issue of the gender pay gap, it is essential to have data to enable an analysis of posts held by men and women and their respective pay levels, in all job categories, within and between sectors. The Committee trusts that the establishment of ANSEDES will enable the collection and analysis of data on the earnings of men and women by sector of activity, occupation and position in the public and private sectors, and requests the Government to send all information available in this respect.

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Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For more than two decades, the Committee has been emphasizing the need to amend section 140 of the Labour Code so that it clearly and fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It permits a broad scope of comparison, including but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee notes the Government’s indication that the draft revised version of the Labour Code has taken account of the various proposed amendments, including that of section 140, but that it is still in the process of being adopted. The Committee trusts that the draft revised version of the Labour Code will be adopted soon and requests the Government to take the necessary steps to ensure that the provisions of section 140 fully reflect the principle of the Convention. It also asks the Government to send a copy of the new provisions once they have been adopted.

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Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee pointed out that the new provisions of section 140 of the Labour Code as amended by Ordinance No. 18/2010 of 25 February 2010 introduced the notion of “work of equal value” while retaining the old provisions that refer to equal pay “in equal conditions of work, qualification and output” for all workers, irrespective of their origin, opinion, sex and age. Recalling the risk of confusion arising from the juxtaposition of these provisions, the Committee notes the Government’s statement that the draft revision of the Labour Code currently in progress seeks in particular to amend section 140 of the Labour Code in order to take account of the concept of equal remuneration for work of equal value but of a different nature. The Committee requests the Government to provide information on the measures taken to amend section 140 of the Labour Code so that it fully reflects the principle of the Convention, and to provide a copy of the new provisions as soon as they have been adopted.

Articles 2 and 3. Determination of rates of remuneration. Objective job evaluation. In its previous comments the Committee pointed out that the adoption of gender-neutral pay scales was not enough to eliminate all wage discrimination, emphasizing that such discrimination could also arise from the criteria used to classify jobs and from an undervaluation of tasks that are largely performed by women. In the absence of any information on this point in the Government’s report, the Committee renews its request for information on the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account by the social partners in wage bargaining. It again asks the Government to indicate whether there is to be an objective evaluation of jobs based on the tasks involved when wage rates are fixed.

Parts III and IV of the report form. Awareness raising and training. Enforcement. The Committee notes the training activities organized for labour inspectors, judges, and workers and employers and their organizations on non-discrimination and the principle of the Convention. The Committee encourages the Government to pursue and step up activities for training and awareness raising on the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any steps taken in this regard. It also asks the Government to provide information on any complaint of wage discrimination between men and women dealt with by labour inspectors or the courts.

Part V. Statistics. The Committee notes the data on the situation of men and women in the public administration (39 per cent women), public enterprises (45 per cent women) and private enterprises in the formal sector (21 per cent women). It also notes the wage scale negotiated in 2007, sent by the Government, which shows wage increases in all sectors. The Committee nonetheless observes that the data do not allow an assessment of the situation in relation to the Convention, and that a national statistics system is to be created and organized, and requests the Government to take the necessary steps to collect and analyse data on men’s and women’s earnings by sector of activity, occupation and level of employment in the public and the private sectors and to provide the information available on these matters.

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Work of equal value. Legislation. The Committee welcomes that, further to comments it has been making for several years, section 140 of the Labour Code regarding equal pay has been amended by Ordinance No. 18/2010 of 25 February 2010 which introduces the concept of “work of equal value”, by adding the following provision: “Equal remuneration between men and women workers for work of equal value but of a different nature refers to the remuneration rates established without discrimination based on sex” (new subsection 2). The Committee observes that although the new provisions give a definition of “equal remuneration between men and women workers” that corresponds to a large extent to that of Article 1(b) of the Convention, it does not provide expressly that men and women workers are to receive equal remuneration for work of equal value. Furthermore, because of the juxtaposition of the first provisions of section 140 providing for the payment of equal base pay “in equal conditions as regards work, qualifications and output” to all workers irrespective of their origin, opinions, sex and age, with the new subsection 2, there could be some confusion when it comes to applying the principle of equal remuneration for men and women for work of equal value or to its enforcement. The Committee therefore asks the Government to examine the possibility of amending new section 140 of the Labour Code again so as to establish expressly the right to equal remuneration for men and women for work of equal value, and to provide information on any measures taken to this end.

Determination of remuneration rates without discrimination based on sex. Objective job evaluation. The Committee notes that in its report, the Government states that the principle of equal remuneration for men and women will be taken into account in the forthcoming wage negotiations, since it has now been formally introduced in the Labour Code. The Committee recalls that the establishment of pay scales without distinctions based on sex is not enough to exclude all wage discrimination, as such discrimination can also arise from the criteria applied in classifying jobs, and from an under-evaluation of the tasks performed mainly by women. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account in the wage negotiations, specifying the role of the labour inspectorate and indicating whether, when the pay scales are set, there is to be objective evaluation of jobs based on the tasks involved.

Enforcement. The Committee notes that, according to the Government, the labour inspectorate has reported no instances of discrimination in remuneration. Following the inclusion in the Labour Code of the concept “work of equal value”, the Committee encourages the Government to provide for training and awareness raising for labour inspectors, judges, workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any measures taken to this end.

Part V of the report form. Statistics. In its report, the Government states that it plans to strengthen the statistics department of the General Labour Directorate of the Ministry of Labour, Employment and Social Welfare. Noting this information, the Committee asks the Government to provide data on the situation of men and women in employment and on their respective remuneration in the various sectors of the economy as soon as such information becomes available.

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The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 1(b) of the Convention. Work of equal value. The Committee notes the proposal made to the technical committee responsible for considering the draft revision of the Labour Code, to supplement section 140 of this legislation so that remuneration for men and women workers is set in accordance with the principle of equal remuneration for work of equal value. The Committee also notes that the Government will seek to ensure, within the framework of its consultations with the social partners, that this principle is incorporated into the legislation, and that it will take the necessary measures to improve the understanding of the concept of equal remuneration for work of equal value. The Committee hopes that the revision of the Labour Code will fully incorporate the principle of equal remuneration for work of equal value in the very near future. The Committee asks the Government to continue to keep it informed of the progress made in this respect.

Article 2. Determination of rates of remuneration and allowances without discrimination based on sex. The Committee notes that rates of remuneration are determined by workers’ and employers’ representatives from each sector under the technical supervision of the labour inspectorate. The Committee notes that according to section 149 of the Labour Code, the interoccupational minimum wage is set by decree. It also notes that section 144 of the Labour Code provides that in the absence of a collective agreement, minimum wages by occupational category are set by decree. The Committee notes that the Government has not provided any information on the manner in which the principle of equal remuneration for work of equal value is taken into account in the setting of minimum wages by decree. The Committee draws the Government’s attention to the fact that the minimum wage is an important means of giving effect to the Convention. The Committee, therefore, asks the Government once again to make every effort to provide information on the manner in which the principle of the Convention is being taken into account in minimum wage fixing, and to transmit copies of collective agreements fixing wages in various economic sectors. It also asks the Government to provide information on the steps taken to improve the understanding and application of the principle of equal remuneration for work of equal value within the context of collective bargaining over wages, and on the role of labour inspection in this area.

Article 3. Objective job evaluation. The Committee notes that the Government acknowledges that the undervaluing of or disregard for skills considered as feminine in relation to those traditionally seen as “masculine” and necessitating physical strength must be examined with a view to eliminating discrimination in respect of remuneration for men and women. In this regard, the Committee draws the Government’s attention to the importance of carrying out objective job evaluation in the private and public sectors so as to identify better the wage differences between men and women and differentiate wages in conformity with the principle of equal remuneration for work of equal value. The Committee recalls that such evaluation is foreseen by the Convention as the application of the principle of equal remuneration for work of equal value implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (General Survey of 1986, paragraph 138). The Committee refers in this respect to paragraphs 138–150 of its General Survey of 1986 on equal remuneration, where an explanation is given of the various methods of job evaluation and its use in applying the principle of the Convention. The Committee also draws the Government’s attention to its general observation of 2006, in particular paragraph 5. The Committee asks the Government to provide information on measures adopted in the public and private sectors to promote objective job evaluation methods free from gender bias.

Promotion of the principles of the Convention. In its previous comments, the Committee noted that the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP), non-governmental organizations and women’s associations carry out campaigns to raise women’s awareness through a variety of seminars, debates and workshops. The Committee once again asks the Government to provide details of the activities carried out by the Ministry to reduce wage disparities between men and women and to promote equal remuneration for work of equal value.

Labour inspection. Application of legislation. The Committee notes that the Government has not provided any information on measures taken to promote the application of the Convention through labour inspection. The Committee asks the Government once again to provide specific information on the activities carried out by labour inspectors with regard to equal remuneration and the cases of wage discrimination addressed by them.

Part V of the report form. Statistics. The Committee notes that the Government has not provided any information on the strengthening of the statistical unit attached to the Directorate of Research and Documentation, intended to improve the collection and processing of statistical information. The Committee also notes that the Government has not provided any statistics on the earnings of men and women in different sectors of activity. The Committee recalls the importance of collecting and analysing this type of data in order to enable it to assess the progress made by the Government in applying the Convention and better understand the challenges still to be met. The Committee strongly encourages the Government to continue its efforts to improve the collection and processing of statistical information. The Committee reiterates its request to the Government to provide information on the strengthening of the statistical unit. The Committee asks the Government to provide, in so far as is possible, any available information on the earnings of men and women in different sectors of the economy.

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1. Article 1(b) of the Convention. Work of equal value. The Committee notes the proposal made to the technical committee responsible for considering the draft revision of the Labour Code, to supplement section 140 of this legislation so that remuneration for men and women workers is set in accordance with the principle of equal remuneration for work of equal value. The Committee also notes that the Government will seek to ensure, within the framework of its consultations with the social partners, that this principle is incorporated into the legislation, and that it will take the necessary measures to improve the understanding of the concept of equal remuneration for work of equal value. The Committee hopes that the revision of the Labour Code will fully incorporate the principle of equal remuneration for work of equal value in the very near future. The Committee asks the Government to continue to keep it informed of the progress made in this respect.

2. Article 2. Determination of rates of remuneration and allowances without discrimination based on sex. The Committee notes that rates of remuneration are determined by workers’ and employers’ representatives from each sector under the technical supervision of the labour inspectorate. The Committee notes that according to section 149 of the Labour Code, the inter-occupational minimum wage is set by decree. It also notes that section 144 of the Labour Code provides that in the absence of a collective agreement, minimum wages by occupational category are set by decree. The Committee notes that the Government has not provided any information on the manner in which the principle of equal remuneration for work of equal value is taken into account in the setting of minimum wages by decree. The Committee draws the Government’s attention to the fact that the minimum wage is an important means of giving effect to the Convention. The Committee, therefore, asks the Government once again to make every effort to provide information on the manner in which the principle of the Convention is being taken into account in minimum wage fixing, and to transmit copies of collective agreements fixing wages in various economic sectors. It also asks the Government to provide information on the steps taken to improve the understanding and application of the principle of equal remuneration for work of equal value within the context of collective bargaining over wages, and on the role of labour inspection in this area.

3. Articles 3 and 4. Objective job evaluation. The Committee notes that the Government acknowledges that the undervaluing of or disregard for skills considered as feminine in relation to those traditionally seen as “masculine” and necessitating physical strength must be examined with a view to eliminating discrimination in respect of remuneration for men and women. In this regard, the Committee draws the Government’s attention to the importance of carrying out objective job evaluation in the private and public sectors so as to identify better the wage differences between men and women and differentiate wages in conformity with the principle of equal remuneration for work of equal value. The Committee recalls that such evaluation is foreseen by the Convention as the application of the principle of equal remuneration for work of equal value implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (General Survey of 1986, paragraph 138). The Committee refers in this respect to paragraphs 138 to 150 of its General Survey of 1986 on equal remuneration, where an explanation is given of the various methods of job evaluation and its use in applying the principle of the Convention. The Committee also draws the Government’s attention to its general observation of 2006, in particular paragraph 5. The Committee asks the Government to provide information on measures adopted in the public and private sectors to promote objective job evaluation methods free from gender bias.

4. Promotion of the principles of the Convention. In its previous comments, the Committee noted that the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP), non-governmental organizations and women’s associations carry out campaigns to raise women’s awareness through a variety of seminars, debates and workshops. The Committee once again asks the Government to provide details of the activities carried out by the Ministry to reduce wage disparities between men and women and to promote equal remuneration for work of equal value.

5. Application of legislation. Labour inspection. The Committee notes that the Government has not provided any information on measures taken to promote the application of the Convention through labour inspection. The Committee asks the Government once again to provide specific information on the activities carried out by labour inspectors with regard to equal remuneration and the cases of wage discrimination addressed by them.

6. Part V of the report form. Statistics. The Committee notes that the Government has not provided any information on the strengthening of the statistical unit attached to the Directorate of Research and Documentation, intended to improve the collection and processing of statistical information. The Committee also notes that the Government has not provided any statistics on the earnings of men and women in different sectors of activity. The Committee recalls the importance of collecting and analysing this type of data in order to enable it to assess the progress made by the Government in applying the Convention and better understand the challenges still to be met. The Committee strongly encourages the Government to continue its efforts to improve the collection and processing of statistical information. The Committee reiterates its request to the Government to provide information on the strengthening of the statistical unit. The Committee asks the Government to provide, in so far as is possible, any available information on the earnings of men and women in different sectors of the economy.

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1. Article 1(b) of the Convention. Work of equal value. With respect to the limited scope of section 140 of the Labour Code which does not appear to allow a comparison between jobs performed by men and women which are of a different nature but of equal value, the Committee notes the Government’s intention to amend this provision during the next revision of the Labour Code. The Committee hopes that the opportunity for such a revision will soon arise and asks the Government to keep it informed of any progress made in this regard.

2. Article 2. Determination of wages and additional allowances without discrimination based on sex. The Committee notes that the Government merely refers to its previous statements that wages are determined without discrimination based on sex, without providing any further details enabling the Committee to assess how the principle of equal remuneration for work of equal value is applied in practice. It therefore asks the Government to make every effort to provide in its next report information on the manner in which the principle of the Convention is being taken into account in minimum wage fixing, and to transmit copies of collective agreements fixing wages in various economic sectors. Please also provide information on the manner in which workers and employers take the Convention into consideration in the collective bargaining process, as well as on any other measures taken to promote and ensure, in practice, equal remuneration between men and women for work of equal value in both the public and private sectors.

3. Part V of the report form. Statistics. The Committee notes the Government’s statement that in the absence of a national institute of statistics, there are no data available on the earnings of men and women in the public and private sector. The Committee recalls its previous comments in which it had noted the Government’s intention to strengthen the statistical unit attached to the Directorate of Research and Documentation, and asks the Government to provide information on the progress made in strengthening this unit as well as any other efforts undertaken to work towards the collection of statistical data disaggregated by sex on the earnings of men and women in the various sectors of the economy as outlined in its general observation of 1998 (which is attached for ease of reference).

4. Mechanisms to enforce and promote the Convention. In the absence of any information on this point, the Committee must reiterate its previous requests for information on the activities taken by the labour inspectorate to promote equal remuneration and on cases of wage discrimination addressed by them. The Committee notes the Government’s indication that the Ministry of Family Affairs, the Protection of Children and the Promotion of Women (MFAPCP), the non-governmental organizations and the women’s associations are continuing to raise public awareness through seminars and workshops. The Committee would be grateful to receive more details on how these activities have contributed in practice to reducing existing wage disparities between men and women and to the promotion of equal remuneration for work of equal value.

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The Committee notes the Government’s report and asks the Government to provide additional information on the following points.

1. The Committee notes that the Government provides no new information with regard to the scope of section 140 of the Labour Code. The Committee recalls that for several years it has been pointing out that the principle of equal remuneration set out in section 140 is narrower than the principle laid down in the Convention, as it does not appear to allow a comparison between jobs of a different nature and content, but which are still of equal value. The Committee therefore hopes that the Government will endeavour to amend this provision, at an appropriate time, to bring it into conformity with the principle set out in the Convention.

2. With reference to its previous comments, the Committee notes from the Government’s report that payments in addition to the base salary are paid without any discrimination on the grounds of sex. Recalling that the Convention envisages objective evaluation of jobs in order to determine remuneration in a non-discriminatory manner, the Committee reiterates its request to the Government to indicate the manner in which wages are fixed in practice, both those fixed as minimum wages through Presidential Decree and through collective agreements.

3. In respect of its previous comments regarding the importance of obtaining statistical information on the levels of income of men and women as a tool for promoting the application of the Convention, the Committee notes the Government’s intention to strengthen the statistical unit attached to the Directorate of Research and Documentation, in order to be in a position to better collect and process statistical information. The Committee also notes the statistical data provided by the Government indicating the representation of women among the civil servants in the different grades and their share among those holding posts of responsibility. It notes that overall some 34 per cent of the posts in the public service are held by women, with 19 and 29 per cent occupying the two highest grades. The Committee asks the Government to continue to provide similar information in its future reports, including, as far as possible, statistical information on the earnings of women and men in the public and private sector as outlined in the 1998 general observation on the Convention. Please keep the Committee informed of any efforts undertaken to improve the availability of statistical data with regard to earnings of men and women.

4. Finally, the Committee notes from the report that the Government has taken measures to reinforce the mechanisms to enforce the application of the Convention, in particular strengthening the labour inspectorate through training. The Government is asked to continue to provide information on the concrete measures taken to promote the application of the Convention through the labour inspectorate, including information on any specific activities carried out by labour inspectors with regard to equal remuneration and cases of wage discrimination addressed by them. Noting that the application of the Convention is also promoted by the Ministry of Family Affairs, the Protection of Children and the Promotion of Women, as well as by women’s associations and NGOs, the Committee asks the Government to provide additional information on the activities undertaken.

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The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee pointed out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. It notes the Government’s statement that the application of this principle does not raise any major problem in the various sectors since the minimum wage (SMIG) is determined by Presidential Decree and the wage rates fixed in collective agreements, which are the product of joint negotiations, are applicable to everyone. The Committee recalls that the reference to work of equal value laid down by the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. For example, this would make it possible to resolve the issue of horizontal occupational segregation, that is the fact that sectors of employment in which women form the majority are those traditionally considered to be women’s work, which tend to be regarded as less important and are therefore less well paid than those occupied by men. In this case, the application of the principle set out in the Convention would make it possible to extend equality of remuneration between men and women to jobs which have a different content, which is not presently envisaged by section 140 above. The Committee hopes that the Government will endeavour to amend this provision, at the appropriate time, in order to bring it into conformity with the principle set out in the Convention. Furthermore, it requests the Government to provide information on the manner in which it determines wages in practice and on all the measures taken to ensure that additional benefits, such as housing, allowances, the bonus for dirty work, etc. are awarded without discrimination on grounds of sex.

2. The Committee notes that, according to the Government’s statements, no information is available on the rulings handed down by the courts. Nor are extracts from the reports of the labour inspection services or statistics on the number and nature of the violations reported available, due to the lack of time necessary to compile and examine reports with a view to preparing reliable statistics. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to strengthen the supervision procedures of the Convention. It would be grateful if the Government would inform it of any other specialized body responsible for ensuring, monitoring or promoting the application of the principle set out in the Convention, such as a commission for equality for women, and to send it copies of judicial rulings and labour inspection reports as soon as they are available.

3. Taking into account the Government’s statements referred to in the above paragraph, the Committee is aware that the Government is not in a position to provide full statistical data, such as those requested by the Committee in its general observation of 1998. However, it wishes to draw the Government’s attention to the need to have available full information in order to be able to make an adequate evaluation of the nature and extent of difficulties arising in the application of the principle set out in the Convention. For this reason, the Committee would be grateful if the Government would provide any available statistical information relating to the distribution of men and women in employment and their respective earnings, particularly in the public sector, as well as information on sectors in which there is a greater concentration of women including, for example, information on the percentage of women employed in higher, middle and lower level positions. The Committee reminds the Government that it is always possible for it to have recourse to the technical assistance of the ILO. Finally, it would be grateful to be provided with copies of any studies, opinions and consultations carried out by the Advisory Labour Commission and the National Wages Commission in the context of their work and any available information on women’s work from either a global or sectoral perspective.

CMNT_TITLE

The Committee notes with regret that the Government’s report does not contain a reply to its previous comments. For a number of years, the Committee has been pointing out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. The Committee recalls that the reference to work of equal value laid down in the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. It hopes that the Government will endeavour to amend this provision, at an appropriate time, to bring it into conformity with the principle set out in the Convention.

The Committee hopes that the Government will provide information on the rulings handed down by the courts, as well as statistics derived from reports of the inspection services and other sources showing the application in practice of the principle of equal remuneration for work of equal value. It is aware of the difficulties experienced by the Government in providing full statistics on the subject and suggests that it may be appropriate to request the technical assistance of the ILO.

The Committee hopes that the Government’s next report will contain full information on the matters raised in its previous direct request, which is repeated this year.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous direct request, which read as follows:

        1. In its previous comments, the Committee pointed out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. It notes the Government’s statement that the application of this principle does not raise any major problem in the various sectors since the minimum wage (SMIG) is determined by Presidential Decree and the wage rates fixed in collective agreements, which are the product of joint negotiations, are applicable to everyone. The Committee recalls that the reference to work of equal value laid down by the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. For example, this would make it possible to resolve the issue of horizontal occupational segregation, that is the fact that sectors of employment in which women form the majority are those traditionally considered to be women’s work, which tend to be regarded as less important and are therefore less well paid than those occupied by men. In this case, the application of the principle set out in the Convention would make it possible to extend equality of remuneration between men and women to jobs which have a different content, which is not presently envisaged by section 140 above. The Committee hopes that the Government will endeavour to amend this provision, at the appropriate time, in order to bring it into conformity with the principle set out in the Convention. Furthermore, it requests the Government to provide information on the manner in which it determines wages in practice and on all the measures taken to ensure that additional benefits, such as housing, allowances, the bonus for dirty work, etc. are awarded without discrimination on grounds of sex.

        2. The Committee notes that, according to the Government’s statements, no information is available on the rulings handed down by the courts. Nor are extracts from the reports of the labour inspection services or statistics on the number and nature of the violations reported available, due to the lack of time necessary to compile and examine reports with a view to preparing reliable statistics. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to strengthen the supervision procedures of the Convention. It would be grateful if the Government would inform it of any other specialized body responsible for ensuring, monitoring or promoting the application of the principle set out in the Convention, such as a commission for equality for women, and to send it copies of judicial rulings and labour inspection reports as soon as they are available.

        3. Taking into account the Government’s statements referred to in the above paragraph, the Committee is aware that the Government is not in a position to provide full statistical data, such as those requested by the Committee in its general observation of 1998. However, it wishes to draw the Government’s attention to the need to have available full information in order to be able to make an adequate evaluation of the nature and extent of difficulties arising in the application of the principle set out in the Convention. For this reason, the Committee would be grateful if the Government would provide any available statistical information relating to the distribution of men and women in employment and their respective earnings, particularly in the public sector, as well as information on sectors in which there is a greater concentration of women including, for example, information on the percentage of women employed in higher, middle and lower level positions. The Committee reminds the Government that it is always possible for it to have recourse to the technical assistance of the ILO. Finally, it would be grateful to be provided with copies of any studies, opinions and consultations carried out by the Advisory Labour Commission and the National Wages Commission in the context of their work and any available information on women’s work from either a global or sectoral perspective.

CMNT_TITLE

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

1.  In its previous comments, the Committee pointed out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. It notes the Government’s statement that the application of this principle does not raise any major problem in the various sectors since the minimum wage (SMIG) is determined by Presidential Decree and the wage rates fixed in collective agreements, which are the product of joint negotiations, are applicable to everyone. The Committee recalls that the reference to work of equal value laid down by the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. For example, this would make it possible to resolve the issue of horizontal occupational segregation, that is the fact that sectors of employment in which women form the majority are those traditionally considered to be women’s work, which tend to be regarded as less important and are therefore less well paid than those occupied by men. In this case, the application of the principle set out in the Convention would make it possible to extend equality of remuneration between men and women to jobs which have a different content, which is not presently envisaged by section 140 above. The Committee hopes that the Government will endeavour to amend this provision, at the appropriate time, in order to bring it into conformity with the principle set out in the Convention. Furthermore, it requests the Government to provide information on the manner in which it determines wages in practice and on all the measures taken to ensure that additional benefits, such as housing, allowances, the bonus for dirty work, etc. are awarded without discrimination on grounds of sex.

2.  The Committee notes that, according to the Government’s statements, no information is available on the rulings handed down by the courts. Nor are extracts from the reports of the labour inspection services or statistics on the number and nature of the violations reported available, due to the lack of time necessary to compile and examine reports with a view to preparing reliable statistics. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to strengthen the supervision procedures of the Convention. It would be grateful if the Government would inform it of any other specialized body responsible for ensuring, monitoring or promoting the application of the principle set out in the Convention, such as a commission for equality for women, and to send it copies of judicial rulings and labour inspection reports as soon as they are available.

3.  Taking into account the Government’s statements referred to in the above paragraph, the Committee is aware that the Government is not in a position to provide full statistical data, such as those requested by the Committee in its general observation of 1998. However, it wishes to draw the Government’s attention to the need to have available full information in order to be able to make an adequate evaluation of the nature and extent of difficulties arising in the application of the principle set out in the Convention. For this reason, the Committee would be grateful if the Government would provide any available statistical information relating to the distribution of men and women in employment and their respective earnings, particularly in the public sector, as well as information on sectors in which there is a greater concentration of women including, for example, information on the percentage of women employed in higher, middle and lower level positions. The Committee reminds the Government that it is always possible for it to have recourse to the technical assistance of the ILO. Finally, it would be grateful to be provided with copies of any studies, opinions and consultations carried out by the Advisory Labour Commission and the National Wages Commission in the context of their work and any available information on women’s work from either a global or sectoral perspective.

CMNT_TITLE

1. In its previous comments, the Committee pointed out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. It notes the Government's statement that the application of this principle does not raise any major problem in the various sectors since the minimum wage (SMIG) is determined by Presidential Decree and the wage rates fixed in collective agreements, which are the product of joint negotiations, are applicable to everyone. The Committee recalls that the reference to work of equal value laid down by the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. For example, this would make it possible to resolve the issue of horizontal occupational segregation, that is the fact that sectors of employment in which women form the majority are those traditionally considered to be women's work, which tend to be regarded as less important and are therefore less well paid than those occupied by men. In this case, the application of the principle set out in the Convention would make it possible to extend equality of remuneration between men and women to jobs which have a different content, which is not presently envisaged by section 140 above. The Committee hopes that the Government will endeavour to amend this provision, at the appropriate time, in order to bring it into conformity with the principle set out in the Convention. Furthermore, it requests the Government to provide information on the manner in which it determines wages in practice and on all the measures taken to ensure that additional benefits, such as housing, allowances, the bonus for dirty work, etc. are awarded without discrimination on grounds of sex.

2. The Committee notes that, according to the Government's statements, no information is available on the rulings handed down by the courts. Nor are extracts from the reports of the labour inspection services or statistics on the number and nature of the violations reported available, due to the lack of time necessary to compile and examine reports with a view to preparing reliable statistics. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to strengthen the supervision procedures of the Convention. It would be grateful if the Government would inform it of any other specialized body responsible for ensuring, monitoring or promoting the application of the principle set out in the Convention, such as a commission for equality for women, and to send it copies of judicial rulings and labour inspection reports as soon as they are available.

3. Taking into account the Government's statements referred to in the above paragraph, the Committee is aware that the Government is not in a position to provide full statistical data, such as those requested by the Committee in its general observation of 1998. However, it wishes to draw the Government's attention to the need to have available full information in order to be able to make an adequate evaluation of the nature and extent of difficulties arising in the application of the principle set out in the Convention. For this reason, the Committee would be grateful if the Government would provide any available statistical information relating to the distribution of men and women in employment and their respective earnings, particularly in the public sector, as well as information on sectors in which there is a greater concentration of women including, for example, information on the percentage of women employed in higher, middle and lower level positions. The Committee reminds the Government that it is always possible for it to have recourse to the technical assistance of the ILO. Finally, it would be grateful to be provided with copies of any studies, opinions and consultations carried out by the Advisory Labour Commission and the National Wages Commission in the context of their work and any available information on women's work from either a global or sectoral perspective.

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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. In its previous comments, the Committee noted that the principle of equal remuneration, as laid down by section 140 of the Labour Code of 1994, is narrower than that established in the Convention, and asked the Government to provide information on the measures taken to ensure that equal remuneration is paid without discrimination on the basis of the sex of the worker where the work is different or carried out in differing conditions, but is of equal value. The Committee notes the Government's statement that equal remuneration for the same work or work of equal value is acquired as a right. Furthermore, the Government indicates that there is a common core of collective agreements (which does not have force of law) which, in clauses 16 and 17, classifies workers in terms of post definition, occupation and grade within the category. These professional classifications, which define jobs in terms of the tasks they involve, are as a rule appended to every sectoral collective agreement. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to apply the principle of equal remuneration for work of equal value in the public service, including information on any job appraisal system used and on the wage scales applied.

2. With regard to the practical application of section 140, the Committee notes that, according to the Government, enforcement of the principle of equal remuneration is entrusted to labour inspectors and supervisors for the private sector and to various bodies including the Public Service Advisory Committee and the Administrative Court for the public sector. The Committee therefore once again asks the Government to provide details of inspections (violations noted, sanctions applied, etc.) and on any court cases concerning equal pay claims in both the public and private sectors.

3. The Committee notes the interpretation supplied by the Government of the expression "basic wage" used in section 140 of the Labour Code. In the light of the Government's explanations, it would seem that, in practice, equal remuneration is not confined to the basic wage since, according to the Government, both the basic wage and all the other emoluments the worker receives from the employer in return for his work are granted without discrimination based on sex; and in both private and public sectors, the differences in remuneration arise from factors such as seniority, level of responsibility, etc. The Committee expresses the hope that, in accordance with the broad definition of the term "remuneration" given in Article 1(a) of the Convention and enlarged on in paragraphs 14 to 16 of the General Survey on equal remuneration of 1986, the Government will specify, through appropriate legislation, that all emoluments paid directly or indirectly, in cash or in kind, by the employer to the worker in return for the latter's work, must be granted in conformity with the principle of equal remuneration.

CMNT_TITLE

1. In its previous comments, the Committee noted that the principle of equal remuneration, as laid down by section 140 of the Labour Code of 1994, is narrower than that established in the Convention, and asked the Government to provide information on the measures taken to ensure that equal remuneration is paid without discrimination on the basis of the sex of the worker where the work is different or carried out in differing conditions, but is of equal value. The Committee notes the Government's statement that equal remuneration for the same work or work of equal value is acquired as a right. Furthermore, the Government indicates that there is a common core of collective agreements (which does not have force of law) which, in clauses 16 and 17, classifies workers in terms of post definition, occupation and grade within the category. These professional classifications, which define jobs in terms of the tasks they involve, are as a rule appended to every sectoral collective agreement. The Committee asks the Government to provide information in its next report on the measures taken or envisaged to apply the principle of equal remuneration for work of equal value in the public service, including information on any job appraisal system used and on the wage scales applied.

2. With regard to the practical application of section 140, the Committee notes that, according to the Government, enforcement of the principle of equal remuneration is entrusted to labour inspectors and supervisors for the private sector and to various bodies including the Public Service Advisory Committee and the Administrative Court for the public sector. The Committee therefore once again asks the Government to provide details of inspections (violations noted, sanctions applied, etc.) and on any court cases concerning equal pay claims in both the public and private sectors.

3. The Committee notes the interpretation supplied by the Government of the expression "basic wage" used in section 140 of the Labour Code. In the light of the Government's explanations, it would seem that, in practice, equal remuneration is not confined to the basic wage since, according to the Government, both the basic wage and all the other emoluments the worker receives from the employer in return for his work are granted without discrimination based on sex; and in both private and public sectors, the differences in remuneration arise from factors such as seniority, level of responsibility, etc. The Committee expresses the hope that, in accordance with the broad definition of the term "remuneration" given in Article 1(a) of the Convention and enlarged on in paragraphs 14 to 16 of the General Survey on equal remuneration of 1986, the Government will specify, through appropriate legislation, that all emoluments paid directly or indirectly, in cash or in kind, by the employer to the worker in return for the latter's work, must be granted in conformity with the principle of equal remuneration.

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The Committee takes note of the information contained in the Government's report on the activities of the labour inspectorate regarding the supervision of the principle of the Convention.

1. In its previous comments, the Committee had asked the Government to inform it of the adoption of the new Labour Code which, according to the Government, was the subject of tripartite discussions as to whether it should include the principle of the Convention. The Committee notes the Government's statement in its current report that the new Code (Act No. 3 of 21 November 1994) clearly sets out the principle of equal wages, irrespective of, inter alia, sex, for work of equal qualifications, output and done in equal conditions. The Committee notes that section 140 of the Code does embody this principle, which, however, is narrower than that contained in the Convention, namely equal remuneration for work "of equal value". The Committee accordingly asks the Government to supply information in its next report on what measures have been taken to ensure that equal remuneration is paid without discrimination on the basis of the sex of the worker in instances where the work being done is different, or is carried out in differing conditions, but is of equal value. The Committee draws the Government's attention to paragraphs 45 to 50 of its 1986 General Survey on equal remuneration where it discusses the different concepts of "equal work" and "work of equal value", and recalls that the Office's technical assistance is available if the Government wishes to call on it.

2. The Committee asks the Government to inform it of the application of section 140 of the new Code in practice, including details of labour inspections of relevance to the equal remuneration principle (infractions discovered; cases reported; sanctions applied) and any court cases involving equal remuneration claims.

3. The Committee would also appreciate receiving information on the interpretation of the phrase in section 140 "basic wage" ("salaire de base"). Please clarify whether this amounts to the definition of remuneration set out in Article 1(a) of the Convention, namely the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable, directly or indirectly, by the employer to the worker in relation to the worker's employment.

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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 noted previously that, according to the information supplied by the Government, a study was to be undertaken to enable the Government to verify the extent to which section 84 of the Labour Code and clause 45 of the Basic Clauses of Collective Agreements, dated 6 February 1982, which guarantee equal remuneration for work of equal value, are actually applied in practice. The Committee notes from the report that the Government continues to give attention to the above study but that a number of difficulties are delaying its completion. The Committee again expresses the hope that the Government will provide the results of the above study as soon as possible. Meanwhile, it requests the Government to provide information on the activities of the labour inspectorate regarding the Convention (visits carried out, infringements registered, sanctions applied), and on the decisions of the tribunals.

2. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to set out clearly, in the context of the overall revision of the Labour Code or by other means, the principle that maternity leave does not interrupt seniority. The Government indicates that the Tripartite Committee responsible for the overall revision of the Labour Code is examining the question of whether this principle should be set forth in the Code, but that its adoption will not involve any changes in practice. The Committee therefore hopes that it will be possible for the Labour Code to be amended so as to remove any uncertainty in this respect and that the Government will continue to report on progress made.

3. The Committee takes note of the extracts of collective agreements enclosed with the report. It asks the Government to indicate the percentage of women covered by these collective agreements and the distribution of men and women at the various levels.

CMNT_TITLE

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

1. The Committee noted previously that, according to the information supplied by the Government, a study was to be undertaken to enable the Government to verify the extent to which section 84 of the Labour Code and clause 45 of the Basic Clauses of Collective Agreements, dated 6 February 1982, which guarantee equal remuneration for work of equal value, are actually applied in practice. The Committee notes from the report that the Government continues to give attention to the above study but that a number of difficulties are delaying its completion. The Committee again expresses the hope that the Government will provide the results of the above study as soon as possible. Meanwhile, it requests the Government to provide information on the activities of the labour inspectorate regarding the Convention (visits carried out, infringements registered, sanctions applied), and on the decisions of the tribunals.

2. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to set out clearly, in the context of the overall revision of the Labour Code or by other means, the principle that maternity leave does not interrupt seniority. The Government indicates that the Tripartite Committee responsible for the overall revision of the Labour Code is examining the question of whether this principle should be set forth in the Code, but that its adoption will not involve any changes in practice. The Committee therefore hopes that it will be possible for the Labour Code to be amended so as to remove any uncertainty in this respect and that the Government will continue to report on progress made.

3. The Committee takes note of the extracts of collective agreements enclosed with the report. It asks the Government to indicate the percentage of women covered by these collective agreements and the distribution of men and women at the various levels.

CMNT_TITLE

The Committee takes note of the Government's report and the enclosed extracts of collective agreements.

1. The Committee noted previously that, according to the information supplied by the Government, a study was to be undertaken to enable the Government to verify the extent to which section 84 of the Labour Code and clause 45 of the Basic Clauses of Collective Agreements, dated 6 February 1982, which guarantee equal remuneration for work of equal value, are actually applied in practice. The Committee notes from the report that the Government continues to give attention to the above study but that a number of difficulties are delaying its completion. The Committee again expresses the hope that the Government will provide the results of the above study as soon as possible. Meanwhile, it requests the Government to provide information on the activities of the labour inspectorate regarding the Convention (visits carried out, infringements registered, sanctions applied), and on the decisions of the tribunals.

2. In its previous comments, the Committee asked the Government to indicate any measures taken or envisaged to set out clearly, in the context of the overall revision of the Labour Code or by other means, the principle that maternity leave does not interrupt seniority. The Government indicates that the Tripartite Committee responsible for the overall revision of the Labour Code is examining the question of whether this principle should be set forth in the Code, but that its adoption will not involve any changes in practice. The Committee therefore hopes that it will be possible for the Labour Code to be amended so as to remove any uncertainty in this respect and that the Government will continue to report on progress made.

3. The Committee takes note of the extracts of collective agreements enclosed with the report. It asks the Government to indicate the percentage of women covered by these collective agreements and the distribution of men and women at the various levels.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report.

1. The Committee has noted on several occasions that, according to the Government's statements, a study was to be undertaken to enable the Government to verify the extent to which section 84 of the Labour Code and clause 45 of the Basic Clauses of Collective Agreements, dated 6 February 1982, which guarantee equal remuneration for work of equal value, are actually applied in practice. Noting that the Government still intends to undertake this study, the Commmittee hopes that it will be in a position to indicate in its next report that the study has been carried out, and that it will transmit the results to the Committee.

2. In its previous comments, the Committee referred to clause 46 of the Basic Clauses of Collective Agreements, by virtue of which the accumulation of seniority for calculating the seniority bonus is suspended during absences, except for paid leave or exceptional leave. It requested the Government to indicate whether absences on maternity leave are also taken into account in the calculation of the seniority bonus. The Committee notes the Government's reply to the effect that, in accordance with section 117 of the Labour Code, the interruption of employment in question is considered to be leave and not a suspension of the employment contract. It must, therefore, be considered a period of activity, giving the woman concerned entitlement, under section 118 of the Labour Code, "to the full wages that she was receiving on the suspension of her employment; the cost of these benefits shall be covered by the National Social Security Fund" rather than by the employer, since these wages form part of the benefits provided by the above Fund.

The Committee also notes the statement by the Gabon Employers' Confederation to the effect that maternity leave does not interrupt seniority and that this principle could be explicitly included in the Labour Code. The Committee notes the Government's statement that if, after consultation with the occupational organisations of employers and workers, it was found necessary to set this principle out in the Labour Code, the Government would then study the question within the context of the overall revision of the Labour Code that is under way.

The Committee requests the Government to supply information on any measure that has been taken or is envisaged to set out clearly, in the context of the overall revision of the Labour Code or by other means, the principle that maternity leave does not interrupt seniority.

3. The Committee notes the Government's statement that the Basic Clauses of Collective Agreements is not a text with the force of law between the parties, but serves as a framework for sectoral agreements, which take up its clauses and supplement them if necessary. In this way, clause A.16.2 of the Common Clauses is taken up in all existing sectoral agreements and the occupational classification set out therein applies to the sector concerned. The Committee also notes the annex to the collective agreement for the lumber, saw mill and veneering industries of Gabon concerning the occupational classification, and the information supplied by the Government and the Gabon Employers' Confederation on this subject. It requests the Government to supply copies of the annexes to agreements covering other sectors and copies of the wage tables applicable to each category.

4. In its previous comments, the Committee noted that under section 7 of the Labour Code (Act No. 5/78 of 1 June 1978), the State guarantees equal wages for the same work or for work of equal value, without discrimination based, inter alia, on sex. In section 84 of the same Act, it is specified that given equal conditions as regards work, skill and output, the same wages are payable to all workers irrespective of their sex. A similar provision is included in clause 45(2) of the Basic Clauses of Collective Agreements. The Committee referred in this connection to the explanations contained in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration. It noted that, although evaluation criteria such as the skill and output of a worker may form the basis of an objective appraisal of the performance of different persons carrying out work of a similar nature, they are insufficient for the application of the principles set forth in the Convention, particularly when men and women in practice perform work of a different nature but of equal value.

The Committee notes the Government's statement in its report that it agrees that the criterion of output does not provide a sufficient basis for the application of the principle set forth in the Convention, but that this criterion is important for the employer who uses it as a reference, for example, when awarding bonuses to workers. The Committee also notes, from the information supplied by the Gabon Employers' Confederation concerning the remuneration differences between the sexes, that all collective agreements link wages to job classifications and that the criteria for classification are well defined in the annexes to agreements, and that consequently, at least in the formal sector, women cannot be under-classified and therefore under-paid. The Committee recalls that only work of the same kind can be measured comparatively by the standards of quantity and quality, which are in fact corollaries of the performance criteria of output and skill. It once again requests the Government to supply information on the application in practice of the principle set forth in the Convention where men and women perform work of a different nature but of equal value.

5. The Committee requests the Government to supply the information requested concerning the effect given to the Convention in practice under point V of the report form adopted by the Governing Body.