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

Equal Remuneration Convention, 1951 (No. 100) - Haiti (Ratification: 1958)

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019. It requests the Government to provide its comments in this respect.

The Committee also notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations from the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018, the observations from the Trade Union Federation of Haiti (CSH) received on 1 September 2018 and the observations from the Association of Haitian Industries (ADIH). The Committee requests the Government to provide its comments thereon.

The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.