Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Equal Remuneration Convention, 1951 (No. 100) - Djibouti (Ratification: 1978)

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 recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its General Survey of 1986 on equal remuneration.

2. In its previous comments, the Committee noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG of 1966, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equal remuneration for men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its 1989 report, the Government provided the same statistics on the number of complaints regarding non-observance of provisions concerning remuneration as it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned non-observance of the principle of equal remuneration for men and women workers, and if so, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.