Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Guinea (Ratification: 1967)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. In its previous comment, the Committee pointed out that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, irrespective of their origin, sex and age, for work of equal value (section 241.2), and requested examples of its application in practice. The Government indicates in this regard that it intends to continue the process of publicizing the provisions of the Labour Code, which began in the capital in 2016, by organizing awareness-raising activities in the seven administrative regions of the country once the necessary resources have been mobilized. It states that a workshop on human resources management was organized in 2019 with employers from the mining, oil and industrial sectors. While noting this information, the Committee recalls that the adoption of legislation with a view to applying the principle of equal remuneration for men and women workers for work of equal value is important, but not sufficient to achieve the objectives of the Convention. The Committee draws the Government’s attention to the fact that to promote application of the principle of equal remuneration for men and women workers for work of equal value, it is necessary to eliminate the persistent underlying causes of pay discrimination. In particular, it is important to combat gender stereotypes and occupational segregation (the fact that men and women do not perform the same work or occupy the same jobs, or else occupy jobs of different levels). It is also necessary to adopt proactive measures, such as the inclusion in public procurement, the adoption of codes of conduct, equal pay plans or processes, the formulation and diffusion of pay valuation guides, the modernization of job classification systems, job appraisal, granting pay equity benefits to compensate for past pay differentials based on sex, issuing of wage guidelines and, above all undertaking surveys to identify the fields where there are wage gaps (2012 General Survey on the fundamental Conventions, paragraphs 710 to 730). The Committee also notes that the Government indicates that it intends to seek the support of technical and financial partners, including the ILO, to organize training on the theme of equal remuneration for men and women for work of equal value. The Committee requests the Government to take proactive measures to promote effectively equal remuneration for men and women, as provided by the Labour Code, in particular to combat stereotypes concerning the aspirations and capabilities of women and their aptitude for certain jobs. The Committee encourages the Government to continue publicizing the Labour Code throughout the territory, in particular its provisions on non-discrimination and equal remuneration, and requests it to provide information on the activities undertaken in this regard and the public reached.

Application of the principle of the Convention in the public service. In its previous comment, the Committee stressed that the principle of equal remuneration for men and women for work of equal value was not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. The Committee notes that the Government, in its reply, indicates that job classification and wage scales are based on the level of academic training and affirms that it is therefore very difficult to undervalue jobs primarily occupied by women. The Committee also notes that the Government indicates that the total number of public servants as 108,661, of whom 32,831 are women (about 30 per cent). The Committee recalls that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (2012 General Survey, paragraph 701). The Committee considers that the classification system used, as it is based on one single criterion (the level of academic training), cannot objectively evaluate the job itself and could have the effect of undervaluing certain tasks, and consequently certain jobs, including those primarily occupied by women. The Committee recalls that an objective job evaluation method, to establish a classification and fix wages accordingly, implies an analysis for each job concerned of its content on the basis of qualifications (not solely academic), but also the skills, effort (physical but also mental) and responsibilities (in relation to people as well as equipment), as well as the working conditions (noise, etc.) of the job in question. Furthermore, very often, when equal remuneration for work of equal value is not one of the objectives expressly foreseen by the evaluation and classification method, there is a high risk of the method reproducing sexist stereotypes. In light of the above, the Committee requests the Government to take measures, in collaboration with workers’ organizations, to review the evaluation and classification methods for jobs in the public service to ensure that they are based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions, with a view to ensuring that job evaluations and wage scales in the public service are free of all gender bias.

Article 1(a). Additional benefits. Family allowances. Public service. The Committee notes the Government’s indication that in the public service family allowances are reserved in practice for fathers. The Government further indicates that men and women public servants have equal access to the payment of other allowances and benefits provided by Act No. L/028/AN/2001 issuing the Civil Servants Regulations. The Committee observes that the Civil Servants Regulations do not contain provisions that exclude women public servants from the right to family allowances when both parents are civil servants. It draws the Government’s attention to the fact that this type of practice can reinforce stereotypes with regard to the aspirations, preferences and capabilities of women and their role and responsibilities in society, thus exacerbating labour market inequalities. The Committee also draws the Government’s attention to paragraph 693 of the 2012 General Survey on the fundamental Conventions, which raises the possibility of allowing both spouses to choose who would benefit from the allowances, rather than that they should be paid systematically to the father. In light of the principles of equal remuneration and gender equality, the Committee requests the Government to review the practice of paying family allowances systematically to the father when both spouses are civil servants so as to ensure that they can both enjoy equal access to family allowances. The Committee requests the Government to provide information on the progress achieved in this regard.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s commitment to take measures to encourage the employers’ and workers’ organizations to incorporate the principle of equal remuneration for men and women for work of equal value into the collective agreements, as the Committee requested in its previous comment. The Committee requests the Government to provide information on all measures taken in this regard and, where appropriate, to communicate the relevant extracts of new collective agreements.

Article 4. Collaboration with employers’ and workers’ organizations. With regard to the activities of the Labour and Social Legislation Advisory Committee (CCTLS), which brings together representatives of the Government and of employers’ and workers’ organizations, the Committee notes the Government’s indication that the CCTLS started operating again in February 2019 and will take the principle of equal remuneration for work of equal value into account. The Committee requests the Government to provide information on the specific activities of the CCTLS related to the principle of the Convention, in particular on the notion of equal “value”, as well as on all measures taken to collaborate with the social partners in order to give effect to the Convention, especially during the establishment or revision of job classifications and wage scales.

Statistics. In the absence of information on this point, the Committee reiterates its request to the Government to take appropriate steps to facilitate the collection and processing of data on the earnings of men and women in the public and private sectors, which is essential to assess implementation of the principle of equal remuneration for work of equal “value”, and trusts that it will soon be able to report progress in this regard. The Government is requested to communicate the available statistical data.