Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Equal Remuneration Convention, 1951 (No. 100) - Equatorial Guinea (Ratification: 1985)

With reference to its previous direct request, the Committee notes the Government's report.

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.