Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Equal Remuneration Convention, 1951 (No. 100) - Senegal (Ratification: 1962)

The Committee notes the Government's report.

1. The Committee notes that wage scales which the Government had indicated would be attached to the report have not been sent since they are currently being updated, and requests the Government to send the information when it is ready. It also notes the Government's indication that the statistics requested as well as those promised are not available. Nevertheless, the Committee once again hopes to receive, as soon as available, statistical data on the distribution of men and women at the various wage levels, and if possible according to occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women workers employed in agricultural and allied occupations, as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also requests the Government to refer to its 1998 general observation regarding this Convention.

2. In respect of the public sector, the Committee notes that the Government has promised, for a number of years, to supply a copy of the decrees applying section 27 of the 1961 Public Service Regulations, which the Committee has been requesting since 1988. The Committee hopes that the Government will be able to supply this information in its next report.

3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that under Article 2 of the Convention a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote application of the principle. In this connection, the Committee draws the Government's attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed, in its previous direct requests, that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the Joint Inter-Occupational Committee to categorize workers. It also asks the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4. The Committee notes the Government's indication that infringements in respect of wages represent 30 to 35 per cent of infringements reported by the labour inspectorate. It notes the Government's indication that a large proportion of these infractions stem from employers' insolvency and ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers' knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.