Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Equal Remuneration Convention, 1951 (No. 100) - Sao Tome and Principe (Ratification: 1982)

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government's attention to the content of its general observation made in 1984 according to which -- in the absence of detailed reports from governments -- it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government's next report will contain detailed information on the matters raised in the previous direct request which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.