Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Sudan (Ratification: 1970)

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

1. The Committee recalls that section 4(d) of the Individual Labour Relations Act, 1981, exempts from the application of the Act seasonal agricultural workers. It notes the Government's statement that application of the equal remuneration principle might turn out to be prejudicial to seasonal workers because their salaries are generally higher than those of agricultural workers in permanent employment.

The Committee points out that the Convention is applicable to all workers in the country, without exception. In addition, the Committee cannot agree that the application of the principle of equal remuneration between men and women workers performing work of equal value could be prejudicial to the interests of seasonal workers. The Committee therefore requests the Government to indicate what measures have been taken or are contemplated to bring the legislation into conformity with the Convention on this point.

2. In its previous comments, the Committee pointed out that under the Convention the principle of equal remuneration for work of equal value applies not only to established minimum wages, but also to levels of remuneration - whether voluntarily agreed upon or fixed by law - which are above the legal minimum wage. It requested the Government to indicate what steps it had taken to ensure that annual wage increases in excess of the 5 per cent increases fixed by law are granted in a manner consistent with the principle of equal remuneration for work of equal value and that individual labour contracts and collective agreements comply with the principle.

The Committee notes the statement in the Government's report that in the private sector men and women workers are treated equally in those cases where salaries are above the legal minimum. It notes further the indications that section 5 of the 1974 Minimum Wage Act, as amended in 1978, requires all enterprises to apply the Act to workers of both sexes; that the principle of equal remuneration for work of equal value is applied and encouraged by the Government policies in the field of work; that the Industrial Relations Act of 1976 provides for the settlement of industrial disputes; and that the trade unions try to raise salaries without distinction on the basis of sex. The Committee further notes that the Government supervises the application of the labour legislation through the departments of inspection and of wages.

The Committee requests the Government to include in its next report examples of practical action taken in accordance with its policies to promote and ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes that the 1974 Minimum Wages Act, as amended in 1978, is currently being revised. It requests the Government to forward a copy of the revised text with its next report. As it did in its previous comments, the Committee requests the Government to include with its next report representative examples of collective agreements setting forth remuneration levels for men and women workers, particularly in sectors which employ a substantial number of women, and in the agricultural sector including sugar and cotton production.