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

Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (Ratification: 1969)

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Definition of remuneration. Legislation. For over 20 years, the Committee has been asking the Government to amend the Labour Code, in particular section 86 thereof, which provides for equal wages only for equal conditions of work, qualifications and output, in order to incorporate the principle of equal remuneration for men and women for work of equal value and to ensure that this principle applies to all components of remuneration as defined in Article 1(a) of the Convention. The Committee notes with regret that the Government has not taken the opportunity provided by the revision of the Labour Code in 2016 to bring it into line with the principle established by the Convention. The Committee wishes to recall that the full application of the Convention involves examining 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 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. Hence account can be taken 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).

As regards the definition of the term “remuneration” established in Article 1(a) of the Convention, the Committee recalls that section 7.8 of the Labour Code as amended in 2016, still excludes health care, housing and housing allowances, transport allowances, statutory family allowances, travel costs and “emoluments granted solely to assist workers in performing their duties”. The Committee notes the Government’s indication in its report that the purpose of excluding these elements from the definition of “remuneration” is to make them non-taxable and that this exclusion therefore benefits the workers. The Committee recalls that a broad definition of remuneration is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured. Such additional components, which are often considerable and make up increasingly more of the overall earnings package, can give rise to inequalities in pay between men and women. The Committee considers that the non-taxation of the benefits referred to in section 7.8 is not incompatible with also ensuring that the definition of “remuneration” applies the principle of equal pay for men and women for work of equal value by including “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee requests the Government to take the necessary steps to revise the Labour Code in order to ensure that the principle of equal remuneration for men and women for work of equal value is explicitly included in it and that it applies to all components of remuneration as defined in Article 1(a) of the Convention. The Committee requests the Government to provide information on all measures taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.