Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. Further to the above, the Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.