Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Application of the principle through collective agreements. Collaboration with the social partners. The Government recalls in its report that the general collective labour agreement contains a clause providing for equal wages for men and women for work of equal value. However, the Committee observes that, in the sectoral collective agreement applicable to press personnel concluded recently (in March 2008), equal wages, irrespective of sex, age, origin, social or political situation, are envisaged solely “under equal conditions of work, seniority, vocational qualifications or skills”. The Committee considers that the principle set out by this type of clause, which also appears in other sectoral collective agreements (for example, that of the Benin Electricity and Water Company of 1999), is more limited in scope than the principle of equal remuneration for work of equal value set forth in the Convention as it does not take into account the vertical and horizontal segregation affecting women in the labour market in Benin. If discrimination in remuneration is to be eliminated, it is essential to compare the value of the work performed in such occupations, which may require different qualifications and skills, as well as responsibilities and conditions of work, but is nevertheless of equal value in global terms. The Committee therefore requests the Government to take appropriate measures to improve understanding by the social partners of the principle of equal remuneration for men and women for work of equal value and, in particular, of the concept of “work of equal value” so that they can ensure that this principle is fully reflected in collective agreements.

Application of the principle of equal remuneration for work of equal value in the private sector. The Committee welcomes the measures and action taken by the Ministry of Labour and the Public Service to promote the employment of women and combat the occupational segregation of women in the labour market. It notes in particular the measures to promote equitable school attendance and literacy for girls, boys, men and women, to combat sexist stereotypes, promote vocational training (through the access of girls to technical and scientific courses, the reservation of an equitable percentage of places for women in vocational training courses), and the measures intended to assist mothers in relation to training. With regard to the latter point, the Committee wishes to draw the Government’s attention to the fact that measures and arrangements intended to allow workers with family responsibilities to have access to vocational training and employment should be accessible to workers of both sexes on an equal footing. The Committee encourages the Government to pursue its efforts for the development of women’s skills and requests it to provide detailed information on the implementation of the measures adopted for the employment of women, and their impact on women’s remuneration and in reducing the gender wage gap.

Minimum wages. Determination of remuneration. The Committee notes the adoption of Decree No. 2009-130 of 16 April 2009 raising the minimum inter-occupational guaranteed wage (SMIG) and Order No. 848/MTFP/DC/
SGM/DGT/DRPSS/SRT of 9 December 2008 adjusting the minimum wage rates at the various levels in the private and para-public sectors. It notes that, according to the Government, an occupational classification is applied in all sectors and guarantees the principle set out in the Convention. The Committee requests the Government to provide a copy of the occupational classification referred to above, which was not attached to the report, and to indicate the method used for its establishment.

Application of the principle of equal remuneration for work of equal value in the public service. In its previous report in 2007, the Government indicated that the findings of the study conducted to determine how gender issues are taken into account in the public service would serve as a basis for proposing a national recruitment strategy and a five-year plan of action to restore the balance between men and women in the public sector. The Committee noted from the report that the proportion of women in the best paid jobs was still low. The Committee notes that in its 2009 report the Government confines itself to indicating that the development of the national recruitment strategy for the public service and the five-year plan of action will be included in the workplan of the Ministry of Labour and the Public Service for 2010. The Committee asks the Government to provide information on the content and conclusions of the study on the manner in which gender issues are taken into account in the public service. It hopes that, in the framework of the national recruitment strategy and the five-year plan of action in the public service foreseen for 2010, an objective appraisal of jobs will be envisaged in the public service on the basis of the work that they involve, free from gender bias, with a view to ensuring the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information that is as detailed as possible on the objectives of the strategy and the plan in relation to equal remuneration, the measures envisaged and, in particular, the manner in which these measures make it possible to improve the proportion of women in the public service and to reduce the remuneration gap between men and women.

Promotion of the principle of the Convention. Other measures. The Committee asks the Government to indicate the activities undertaken, particularly in the framework of the gender strategy and five-year plan of action, specifically to promote the principle of equal remuneration for men and women for work of equal value in relation to labour inspectors, magistrates and any other authorities competent in the field of equality in employment and occupation.

Statistical information. The Committee notes the Government’s indications that recent statistical data on the employment and remuneration of men and women will be provided once they are available. The Committee emphasizes that it is essential for such data to be made available for the public and private sectors and the informal economy so as to be able to evaluate the application of the principle of the Convention and for the adoption of appropriate measures to reduce the remuneration gap between men and women. The Committee asks the Government to take the necessary measures in the near future so that data can be collected and analysed on the situation of men and women on the labour market and their remuneration levels, if possible by occupational category. The Government is requested to provide these data as soon as they become available.