Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Eritrea (Ratification: 2000)

Article 1(a) of the Convention. Definition of remuneration. Noting that, once again, the Government acknowledges that the definition of remuneration provided in section 3(15) of the Labour Proclamation No. 118/2001 is narrower than the definition under the Convention and indicates in its report that the Ministry has been engaging in the revision of the Labour Proclamation which will, inter alia, broaden the definition of remuneration, the Committee reiterates its request that the Government ensure that the revised provision encompasses all components of remuneration in line with Article 1(a) of the Convention, and continue to provide updated information on the process of revision of the Labour Proclamation.

Articles 1(b), 2 and 3. Equal remuneration for work of equal value. Objective job evaluation. Private sector. The Committee recalls its previous comments requesting the Government to take the necessary measures to amend the Labour Proclamation with a view to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes that in its report the Government refers to: (i) section 41(1) of the Labour Proclamation No. 118/2001 which provides for the payment to employees of “equal starting wages for the same type of work”; (ii) section 41(1) under which “wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by collective agreement in an undertaking”; and (iii) section 65(1) which prohibits discrimination against women on the basis of sex. The Government indicates that it believes that “the method applicable under the Labour Proclamation is pertinent enough to secure the principle of equal pay for work of equal value”. While noting the Government’s explanations, the Committee reiterates that it considers that the Labour Proclamation only prohibits sex-based pay discrimination against women and only provides for “equal starting wages for the ‘same type of work”. This is narrower than the principle of “equal remuneration for men and women for work of equal value” established by the Convention. The Committee acknowledges that, according to Article 2 of the Convention, this principle can be applied by means of legislation or collective agreements or otherwise. It recalls however that, once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention and that legal provisions that are narrower than this principle, because they do not give expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 676 and 679). If the Convention is applied by means of collective agreements, these agreements should reflect the principle of “equal remuneration for men and women for work of equal value” and the Government should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe this principle (see General Survey, 2012, op cit., paragraphs 680–681). In this regard, noting that the Government refers to “objective appraisal”, the Committee would like to underline that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 of this instrument presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee also emphasizes that “objective job evaluation”, which is to measure the relative value of jobs with varying content on the basis of the work to be performed, is different from “performance appraisal” to which the Government’s report refers as it aims at evaluating the performance of an individual worker in carrying out his or her job (see General Survey, 2012, op cit., paras 695–696). The Committee urges the Government to take the necessary steps to amend the Labour Proclamation, which is currently under revision, so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value established by the Convention and provide for some method of measuring and comparing the relative value of different jobs. The Committee asks once again the Government to provide copies of the collective agreements containing provisions expressly providing for “equal remuneration for men and women for work of equal value”, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned

Equal remuneration for work of equal value. Objective job evaluation. Civil service. The Committee notes the Government’s indication that, according to section 6 of the draft Civil Service Proclamation, all positions in the civil service are classified by the administration on the basis of a Position Classification Method. The Government further indicates that the classification method will reflect the following principles: (i) “equal grade should derive from substantially equal work”; and (ii) “classifications should be made according to substantial differences in the complexity of tasks of positions, including effort, supervision, working conditions and responsibility and requested qualifications such as knowledge, skills, abilities and other criteria required to perform the duties of the positions”. The Committee also notes that the Government adds that “the grading and salary structure is based on the position classification system while the salary scales ensure equal pay for equal work and maintain internal equity”. The Committee is of the view that the notion of “substantially equal work” is different from the concept of “work of equal value”. It recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey, 2012, op cit., paragraph 673). The Committee welcomes however the inclusion in the draft Civil Service Proclamation of a reference to “the complexity of tasks of positions, including effort, supervision, working conditions and responsibility and requested qualifications such as knowledge, skills, abilities and other criteria” in order to determine the classifications of positions (jobs). The Committee asks once again the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also once again asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls that it had been requesting the Government to provide more detailed information on the manner and content of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that consultations have frequently been conducted at appropriate intervals over the past couple of decades with workers’ and employers’ organizations regarding practical measures with respect to all conditions of work in light of equal remuneration for men and women for work of equal value. The Government also refers to the Labour Advisory Board envisaged by the Labour Proclamation (section 147) which is not yet established in practice. It further indicates that the draft directives for the establishment of the Board have been finalized and will be approved in the near future. The Committee asks the Government to provide information on any developments regarding the establishment of the Labour Advisory Board and any discussions between the social partners on equal remuneration for men and women in this framework. The Government is also asked to provide specific information on any kind of cooperation developed with workers’ and employers’ organizations regarding the principle of the Convention.

Application of the Convention in practice. Enforcement. The Committee notes the Government’s indication that a number of cases of discrimination have been reported to the Ministry pursuant to section 65(2) of the Labour Proclamation, and appropriate measures were taken in order to rectify the situation. The Committee asks the Government to specify whether these cases are related to pay differentials between men and women and, if so, to indicate the measures taken to remedy the situation. The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. Noting that the Government’s report does not contain any new information in this regard, the Committee asks once again the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention, and to provide detailed information on the contents of any training given to public officials, judges, and labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.

Statistics. The Committee notes that the statistics provided by the Government relate to the number of registered collective agreements according to the number of men and women workers (from 1991 to 2015) and not to the position and levels of pay of men and women in the labour market. Recalling that such statistics are needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee strongly encourages the Government to take the necessary measures to collect and compile such data. The Committee further asks the Government to provide any data available on the participation of men and women in the private and public sectors and their corresponding levels of remuneration.