Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Gabon (Ratification: 1961)

Work of equal value. Legislation. The Committee welcomes that, further to comments it has been making for several years, section 140 of the Labour Code regarding equal pay has been amended by Ordinance No. 18/2010 of 25 February 2010 which introduces the concept of “work of equal value”, by adding the following provision: “Equal remuneration between men and women workers for work of equal value but of a different nature refers to the remuneration rates established without discrimination based on sex” (new subsection 2). The Committee observes that although the new provisions give a definition of “equal remuneration between men and women workers” that corresponds to a large extent to that of Article 1(b) of the Convention, it does not provide expressly that men and women workers are to receive equal remuneration for work of equal value. Furthermore, because of the juxtaposition of the first provisions of section 140 providing for the payment of equal base pay “in equal conditions as regards work, qualifications and output” to all workers irrespective of their origin, opinions, sex and age, with the new subsection 2, there could be some confusion when it comes to applying the principle of equal remuneration for men and women for work of equal value or to its enforcement. The Committee therefore asks the Government to examine the possibility of amending new section 140 of the Labour Code again so as to establish expressly the right to equal remuneration for men and women for work of equal value, and to provide information on any measures taken to this end.

Determination of remuneration rates without discrimination based on sex. Objective job evaluation. The Committee notes that in its report, the Government states that the principle of equal remuneration for men and women will be taken into account in the forthcoming wage negotiations, since it has now been formally introduced in the Labour Code. The Committee recalls that the establishment of pay scales without distinctions based on sex is not enough to exclude all wage discrimination, as such discrimination can also arise from the criteria applied in classifying jobs, and from an under-evaluation of the tasks performed mainly by women. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account in the wage negotiations, specifying the role of the labour inspectorate and indicating whether, when the pay scales are set, there is to be objective evaluation of jobs based on the tasks involved.

Enforcement. The Committee notes that, according to the Government, the labour inspectorate has reported no instances of discrimination in remuneration. Following the inclusion in the Labour Code of the concept “work of equal value”, the Committee encourages the Government to provide for training and awareness raising for labour inspectors, judges, workers, employers and their organizations regarding the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any measures taken to this end.

Part V of the report form. Statistics. In its report, the Government states that it plans to strengthen the statistics department of the General Labour Directorate of the Ministry of Labour, Employment and Social Welfare. Noting this information, the Committee asks the Government to provide data on the situation of men and women in employment and on their respective remuneration in the various sectors of the economy as soon as such information becomes available.