Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee pointed out that the new provisions of section 140 of the Labour Code as amended by Ordinance No. 18/2010 of 25 February 2010 introduced the notion of “work of equal value” while retaining the old provisions that refer to equal pay “in equal conditions of work, qualification and output” for all workers, irrespective of their origin, opinion, sex and age. Recalling the risk of confusion arising from the juxtaposition of these provisions, the Committee notes the Government’s statement that the draft revision of the Labour Code currently in progress seeks in particular to amend section 140 of the Labour Code in order to take account of the concept of equal remuneration for work of equal value but of a different nature. The Committee requests the Government to provide information on the measures taken to amend section 140 of the Labour Code so that it fully reflects the principle of the Convention, and to provide a copy of the new provisions as soon as they have been adopted.

Articles 2 and 3. Determination of rates of remuneration. Objective job evaluation. In its previous comments the Committee pointed out that the adoption of gender-neutral pay scales was not enough to eliminate all wage discrimination, emphasizing that such discrimination could also arise from the criteria used to classify jobs and from an undervaluation of tasks that are largely performed by women. In the absence of any information on this point in the Government’s report, the Committee renews its request for information on the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account by the social partners in wage bargaining. It again asks the Government to indicate whether there is to be an objective evaluation of jobs based on the tasks involved when wage rates are fixed.

Parts III and IV of the report form. Awareness raising and training. Enforcement. The Committee notes the training activities organized for labour inspectors, judges, and workers and employers and their organizations on non-discrimination and the principle of the Convention. The Committee encourages the Government to pursue and step up activities for training and awareness raising on the principle of equal remuneration for men and women for work of equal value, and asks it to provide information on any steps taken in this regard. It also asks the Government to provide information on any complaint of wage discrimination between men and women dealt with by labour inspectors or the courts.

Part V. Statistics. The Committee notes the data on the situation of men and women in the public administration (39 per cent women), public enterprises (45 per cent women) and private enterprises in the formal sector (21 per cent women). It also notes the wage scale negotiated in 2007, sent by the Government, which shows wage increases in all sectors. The Committee nonetheless observes that the data do not allow an assessment of the situation in relation to the Convention, and that a national statistics system is to be created and organized, and requests the Government to take the necessary steps to collect and analyse data on men’s and women’s earnings by sector of activity, occupation and level of employment in the public and the private sectors and to provide the information available on these matters.