Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Trade union comments. The Committee refers to its previous comments on a communication of 26 October 2006 from the National Confederation of Senegalese Workers (CNTS) drawing attention to wage inequality between men and women caused by family-related tax benefits granted only to men. The Committee notes from the Government’s report that following the adoption in January 2008 of Act No. 2008-01 amending certain provisions of the General Tax Code, the tax advantages previously granted only to male workers are now granted to women workers as well. The Committee asks the Government to provide information on the application of this provision in practice, including information on any judicial and administrative rulings handed down in this connection. Please also provide a copy of the abovementioned Act.

Articles 1 and 2 of the Convention. With regard to section 105 of the Labour Code, which provides that where conditions of work, professional qualifications and output are equal, wages shall be equal for all workers without distinction as to sex, the Committee notes the Government’s statement that, in its opinion, the reference to the concept of output allows fair comparison of different jobs for the purpose of applying the principle of the Convention. The Committee nevertheless draws the Government’s attention to paragraph 54 of its General Survey of 1986 and points out in particular that, as experience has shown, “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. Consequently, the Committee stresses that the focus should be more on the “nature of the work”, which affords an objective basis for a comparison of tasks. The Committee urges the Government to take this into account in applying the principle of the Convention and asks it to send detailed information on all measures taken or envisaged to this end. It also asks the Government to provide information on any breaches of section 105 reported by the labour inspectorate, how they were resolved and any relevant judicial decisions.

Article 3. Objective job evaluation. While noting that the Government is exploring measures to improve methods for evaluating jobs objectively, the Committee draws the Government’s attention to its general observation of 2006. It points out in particular that in order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are entirely objective and non-discriminatory, such as the skills they require, the effort, the responsibilities and the conditions of work. The Committee asks the Government to provide information on progress made in promoting objective job evaluation free from gender bias.

Statistical information. The Committee notes that, according to the Government, no statistical information is available. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the remuneration of men and women in the various sectors and branches of economic activity.