Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Tunisia (Ratification: 1968)

The Committee notes the information provided in the Government’s report as well as the information provided on the Employment Policy Convention, 1964 (No. 122), received in September 2006, that is relevant to the application of Convention No. 100.

1. Articles 1 and 2 of the Convention. Practical application in the public sector. The Committee welcomes the detailed statistics provided in the Government’s report on women in positions of responsibility in a variety of areas of the public sector including the executive and legislative branches of government, regional and local councils, the judiciary and the civil service. Overall, the Government indicates that the number of women in positions of responsibility increased modestly from 23.6 per cent in 1994 to 26.6 per cent in 2004. The Committee notes from the Government’s report that a plan of action was put in place to encourage and improve the representation of women in positions of responsibility as well as to counter stereotypical attitudes towards women through its information, education and communication strategy. With regard to equal remuneration in the public sector, the Government indicates that existing wage scales are applicable to all public employees without any distinction on the basis of sex. Recalling its previous comment on this matter, the Committee reminds the Government that the gap between men and women’s wages is not solely a result of paying men and women differently for the same work. Pay inequality may also be the result of occupational segregation where women are concentrated in jobs that tend to pay less than those traditionally occupied by men. Consequently, promoting the participation of women to levels and in areas of employment to which they had little access in practice in the past is a means of improving equality of pay between men and women. The Committee asks the Government to provide detailed information on the measures undertaken in the context of the Government’s plan of action and to indicate what impact these initiatives have had not only on the promotion of women to higher posts but also on the reduction of wage inequalities between men and women throughout the public sector. Please also continue providing information in subsequent reports on the number of women in positions of responsibility in the public sector.

2. Practical application in the private sector. The Government indicates that the principle of equality between men and women with respect to wages is enshrined in law and that the salary scales annexed to the 51 existing collective sectoral agreements define wages according to objective criteria without regard to sex. It notes that the base wages are revised every three years and that the current three-year round of salary increases extends until 2007. The Committee reminds the Government that legal protection from discrimination, while important, is not alone sufficient to promote and ensure the application of the principle of equal remuneration. Promotional action by the authorities, called for in the Convention, where this appears necessary for improving the practical application of a matter of public policy, such as equal remuneration, may need to be considered in the context of collective bargaining. The Committee asks for information on how the Government ensures in practice that collective agreements, both in their content and application, respect the principle of equal remuneration. In this respect, the Committee requests information on how the three-year wage revision process takes into account wage differentials between men and women working in different sectors of the economy. Please also indicate how the Government cooperates with the social partners to give effect to the principle of the Convention by, for example, informing workers and employers of the legal requirements for the application of the principle of equal remuneration. Furthermore, noting from the Government’s report on the Employment Policy Convention, 1964 (No. 122), the continued progress with respect to education, literacy and entrepreneurial programmes for women and girls, the Committee requests information on the impact of these and any other measures taken or envisaged to reduce wage inequalities between men and women.

3. Equal remuneration in the agricultural sector. The Committee notes the dramatic increase in the number of unequal pay cases registered by the labour inspectorate in the agricultural sector in 2004 and 2005 (530 and 274, respectively, compared with seven cases in both 2002 and 2003). It notes that the employers responsible for the infractions were put on notice to remedy their offending practices and that 18 cases were submitted to the competent authorities in 2004 with an additional 27 submitted in 2005. The Committee thanks the Government for this detailed information and asks it to continue reporting on the equal pay activities of the labour inspectorate, in the agricultural sector and elsewhere, as well as on the number of reported cases and the remedies applied. It also asks the Government for information on the distribution and wages of men and women among the ordinary, specialized and qualified workers in the agricultural sector and what additional measures it is taking in this sector to reduce wage inequalities between male and female workers.

4. Part V of the report form. Statistical information. The Committee notes that, despite continued requests, the Government’s report does not contain any statistical information on the distribution of men and women in the various economic activities and occupations or their corresponding wage levels in both the rural and urban areas. With a view to assessing and understanding the wage gap between men and women, the Committee again asks the Government to provide statistical data in its next report in accordance with its 1998 general observation.