Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Equal Remuneration Convention, 1951 (No. 100) - Cabo Verde (Ratification: 1979)

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:

The Committee takes note of the Government's report and the appended documents.

1. The Committee notes with interest Legislative Decree No. 62/87 of 30 June 1987 approving the general rules to govern labour relations. It notes that, under section 21 of this Legislative Decree, collective regulations may not contain provisions which are contrary to the provisions of the Constitution or laws of an imperative nature; that under section 35, the illegal clauses of collective regulations are liable to be annulled; that under section 39(h) every worker has the right not to be the subject of discriminatory treatment, particularly with regard to his remuneration; that section 36 provides that every worker belongs to an occupational category to be determined in accordance with the tasks he is obliged to perform, and that section 117 deals with the notion and content of remuneration.

2. With reference to its previous direct request, the Committee notes from the Government's report that no new cases involving the application of the principle of equal remuneration for men and women have been brought before the labour disputes committees. The Committee asks the Government to continue to provide information on any new developments in this respect.

3. With reference to point 3 of its previous direct request, the Committee notes from the Government's report that there are no collective agreements as yet. The Committee asks the Government to keep it informed of any developments in this respect.

4. The Committee takes note of the Government's statement that there is no national minimum wage but that there are wage scales established in accordance with the principle of equality for all workers belonging to the same occupational category and performing the same functions. The Committee also notes the information and the wage scales of public enterprises and the public service, contained in the Government's report, to the effect that the principle of equal remuneration is applied in establishing these scales. The Committee refers to paragraphs 25 and 27 of its 1986 General Survey on Equal Remuneration, where it points out that, where a State having ratified the Convention intervenes in the wage-fixing process, it is obliged to ensure the application of the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention, and asks the Government to provide information on the measures taken or under consideration to determine, in the sectors in which the State intervenes in wage fixing, the relative value of work which, in practice, is usually carried out by women, in comparison with the work generally carried out by men.

5. In this connection, the Committee notes the Government's statement that the first phase of the work concerning the preparation of objective evaluations of jobs has been completed, during which priority was given to the civil construction, transport (air, sea and road) and food industry sectors. The Committee asks the Government to provide information on progress achieved as a result of measures taken or envisaged to create the necessary conditions for carrying out an objective evaluation of jobs in these sectors.

6. Point V of the report form. The Committee notes that the Government refers to information supplied in its reports on the Labour Inspection Convention, 1947 (No. 81). However, the Committee observes that these reports do not contain the information needed to determine whether any violations of the principle of the Convention have been registered. Furthermore, the above-mentioned Convention does not cover all the sectors of the economy as does Convention No. 100. The Committee therefore asks the Government to provide information on this matter.