Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Comoros (Ratification: 1978)

The Committee notes the observations made by the Workers’ Confederation of Comoros (CTC), received on 1 August 2017 and forwarded to the Government on 6 September 2017.

Article 1 of the Convention. Principle of equal remuneration for work of equal value in the private sector. The Committee notes that the CTC reaffirms that there is no pay scale in the private sector. The Committee recalls that to apply the Convention it is necessary to examine the issue of equality at two levels: first, at the level of the job (is the work of equal value?); and, second, at the level of the remuneration (is the pay received by women and men equal?). The Committee also recalls that section 104 of the Labour Code explicitly provides for equal remuneration for the same work or work of equal value. The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work. It also enables a comparison not only of the same or similar work but also of work done by women and men which is of an entirely different nature but nevertheless of equal value as is often the case. This allows to take account of the fact that, in practice, certain jobs and occupations are held predominantly by women and others by men. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men). The concept of “equal value” implies the adoption of a method making it possible to measure and compare the relative value of the different jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee once again requests the Government to take steps to raise awareness of the provisions of the Labour Code stipulating equal remuneration for the same work or for work of equal value (section 104) and to arrange for training to raise awareness of this principle among workers, employers and their organizations and also among labour inspectors, judges and other officials responsible for enforcement of the provisions of the Labour Code.

Application of the principle in the public service. The Committee notes the CTC’s indication that there is discrimination in the public service in that two different pay scales are applied in the same administration: an old scale dating from the 1960s and a new scale which has been in force since April 2009. The CTC points out that the new scale supersedes the old one but that both scales are applied, thereby creating inequalities in terms of pay. The union also claims that young agents are recruited as contractual staff paid at a flat rate which does not correspond to any pay scale and that they are the victims of discriminatory treatment since they perform the same tasks as regular staff. The Committee wishes to recall that the Convention is only concerned with the elimination of gender pay gaps. The application of a pay scale in which occupations predominantly held by women (such as secretary) have been undervalued by comparison with occupations predominantly held by men (such as driver) may have a discriminatory effect and give rise to pay disparities for men and women for work of equal value, even if the pay scale is applicable to all officials regardless of sex. It is therefore important that the applicable pay scale has been established on the basis of objective criteria such as skill, responsibility, effort and working conditions, which contain no gender bias with regard to occupations in which either men or women predominate. The Committee also recalls that it is important to ensure that both men and women have equal access in practice to additional emoluments, such as allowances or benefits. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its last observation on the Protection of Wages Convention, 1949 (No. 95), the Committee requests the Government to indicate the pay scale applicable to the public service and to provide information on the manner in which it has been established, including the method and criteria used. The Committee also requests the Government to indicate the steps taken to ensure that jobs mainly held by women have not been undervalued and to provide a copy of the decree establishing the system of remuneration for public officials, including the applicable salary scale, as provided for in section 14 of the Public Service Regulations.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. Noting that the Government’s report still does not contain any information on collective agreements, the Committee once again requests the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Minimum wage. The Committee notes the Government’s indication that the draft decree concerning the guaranteed inter-occupational minimum wage (SMIG) has still not been adopted. The Committee recalls once again that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers and therefore has an impact on reducing the gender pay gap, since women usually predominate in low-wage employment. The Committee once again expresses the hope that the Government will soon be in a position to report on the adoption of the decree on the SMIG, and requests the Government to provide information on the role of the Labour and Employment Advisory Council (CCTE) and employers’ and workers’ organizations in this regard.

Statistics. Evaluation of the pay gap. The Committee once again encourages the Government to take the necessary steps for the compilation of data on the number of men and women in the various employment categories and their respective earnings in the public and private sectors, and requests it to provide these data when they are available.