Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Cabo Verde (Ratification: 1979)

Articles 1 and 2 of the Convention. Gender pay gap and occupational sex segregation. The Committee notes that according to the report “Women and Men in Cape Verde: Facts and Figures”, in 2014, the unemployment rate was 16.3 per cent for men and 15.3 for women, particularly, young women. The Committee notes that in its report the Government indicates that according to the National Institute of Statistics (INE), only 35 per cent of enterprises were managed by women in 2012. In relation to the public sector, the Committee notes the Government’s indication that, according to the “Dynamic Human Resources Table of the Public Administration”, in 2014, 48 per cent of workers in the Public Administration were women and only 26.3 per cent of these women were senior officers. The Government further indicates that in 2012, the major sources of employment for women were in the agricultural sector (22 per cent), the trade sector (21 per cent), the education sector (9 per cent) and domestic work (9 per cent), while men were mainly occupied in the agricultural sector (27 per cent), the construction sector (15 per cent), the Public Administration (11 per cent) and the trade sector (10 per cent). In addition, the Government indicates that, according to the INE, 44.2 per cent of women and 32.4 per cent of men in the workforce worked in the informal economy in 2013. The Committee requests the Government to continue to provide information on the measures taken to address structural problems such as occupational sex segregation and those taken with respect to access to education and vocational training for both men and women in order to ensure a wider range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented. It further requests the Government to send any existing data on the distribution of men and women and their respective earnings in the public and private sectors. Noting that the Government had previously requested ILO technical assistance in relation to the collection of statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance.

Article 2. Wage-fixing rates. In its previous comments, the Committee requested the Government to provide information on any developments regarding minimum wage fixing; and on the recommendations and follow-up to the proposals on Career, Posts and Salaries Plan in the public sector as well as information on how it is ensured that women and men receive equal remuneration for work of equal value. The Committee notes the adoption of Decree Law 6/2014 of 29 January on minimum wage fixing, which is applicable to all employees subjected to the general labour law system as well as Decree Law 9/2013 of 26 February on the Career, Posts and Salaries Plan establishing wage-fixing rates in the public sector, which sets out in section 50 the following remuneration elements: basic pay, supplements, and performance bonuses. The Committee also notes that according to the “National Report on Gender in Africa and Female Development Index in Cape Verde” of the Economic Commission for Africa (ECA) provided by the Government in its report, the professional categories in the public sector that require lower qualification and receive lower remuneration are mostly occupied by women. The Committee requests the Government to provide information on the implementation in practice of Decree Law 9/2013 of 26 February on the Career, Posts and Salaries Plan as well as on Decree Law 6/2014, 29 January on minimum wage fixing. In particular, the Committee requests the Government to indicate how it is ensured that rates are fixed based on objective criteria free from gender bias, so as to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that section 16 of the Labour Code provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination, and requested the Government to provide information on its implementation as well as on the steps taken to put in place a system of objective jobs evaluation. The Committee notes that the Government refers to the adoption of Decree Law 58/14, 12 November, concerning the System of Performance Evaluation in Public Administration. In this respect, the Committee recalls that a distinction should be made between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, from objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraph 696). Noting that Legislative Decree 1/2016, which amends the Labour Code, contains no provision concerning objective job evaluation and that the Government does not provide information on the implementation of section 16 of the Labour Code and on the steps taken to put in place a system of objective jobs evaluation, the Committee reiterates its request in this respect.

Enforcement. In its previous comments, the Committee requested the Government to provide information on the concrete action carried out by labour inspectors as well as by the Cape Verdean Institute for Gender Equality (ICIEG) with respect to equality and non-discrimination in employment and occupation and equal remuneration. The Committee notes the Government’s indication that awareness-raising activities have been undertaken in cooperation with workers’ and employers’ organizations, and that labour inspections have been carried out in which labour inspectors verified all infringements of labour rights, including pay discrimination. The Committee further notes the Government’s indication concerning the adoption of the National Gender Equality Plan (PNIEG) 2015–18 by the ICIEG, which aims to develop equal opportunities for men and women in terms of access and retention in the labour market, leading to an increase in women’s participation and a reduction of poverty among women. The Committee notes, however, that the PNIEG 2015–18 does not provide for the adoption of measures with respect to the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to continue to provide information on the concrete action carried out by labour inspectors as well as by the ICIEG with respect to equality and non-discrimination in employment and occupation and equal remuneration, and the impact thereof.