Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Madagascar (Ratification: 1962)

The Committee takes note of the observations of the Autonomous Trade Union of Labour Inspectors (SAIT) received on 9 March 2021, which address issues related to the application of the Convention. The Committee requests the Government to provide its comments in this respect.

The Committee 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 2022, 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.

Article 2 of the Convention. Gender pay gap. In its previous comments, the Committee noted the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), according to which wage discrimination against women working in the private sector is particularly significant. It also noted the Government’s indication that there is no wage discrimination against women when workers, irrespective of their gender, are in identical jobs and have the same qualifications. While reminding the Government that, in accordance with the Convention, equal remuneration applies not only when workers have identical posts or jobs, but also when they have different jobs that are of equal value, the Committee requested the Government to provide information on the measures taken to identify and eliminate the causes of inequalities of remuneration between men and women and to gather data on the number of men and women working in the private and public sectors (by category) and their respective remuneration levels. The Committee notes the statistical information available for 2011, provided by the Government in its report. However, it draws the Government’s attention to the fact that these data do not enable it to assess the application, in practice, of the principle of the Convention. On the one hand, the information on the public sector and the distribution of state employees by occupational category is not disaggregated by sex and does not include any data on the different levels of remuneration. On the other hand, the information relating to the private sector shows the distribution of men and women in the various occupational categories in the secondary and tertiary sectors and the general average wage, without this information being disaggregated by sex so as to enable the Committee to compare the average levels of remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern the high rate of unemployment among women, the strong vertical and horizontal segregation in the labour market, as well as the absence of implemented laws in this field, including on equal pay, as evidenced by the persistence of wage gaps between women and men in both the public and private sectors (CEDAW/C/MDG/CO/6–7, 24 November 2015, paragraph 30). The Committee, once again, requests the Government to take the necessary measures to collect and analyse detailed statistical data, disaggregated by sex, on the distribution of men and women in the various occupational categories in the public and private sectors and their respective remuneration rates. It also requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to address: the occupational segregation of women in the labour market; and to reduce the remuneration gap between men and women, particularly by enabling women to have access to a broader range of employment opportunities, including in sectors where wages are high and in executive positions and posts of responsibility in the public and private sectors. The Committee reminds the Government in this regard that it can have recourse to the ILO’s technical assistance.

Collective agreements. The Committee previously noted that a national Air company’s collective agreement concluded in 2010, envisaged the possibility, solely for women personnel, to take early retirement at the age of 55 years under certain conditions. It subsequently noted the adoption of Decree No. 2013-337 of 14 May 2013, establishing the retirement age at 60 years for both men and women employees in all enterprises governed by the national legislation in force, including the national Air company of concern, and it requested the Government to indicate whether the provisions of the collective agreement referred to above continued to be applicable. The Committee notes the Government’s statement that, in practice, the provision envisaging the possibility of early retirement at the age of 55 for women employees of the Air company of concern is no longer applicable and that all of the personnel continue to work up to the age of 60 years and to receive normal old-age benefits. Noting the Government’s indication that the social partners could in due time re-examine the possibility of including in the Air company’s collective agreement a provision on early retirement for all the personnel, the Committee requests the Government to provide information on any further developments in this respect. It also requests the Government to provide extracts from collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the draft decree to harmonize the professional index of public employees is still under preparation. The Government indicates that it is currently engaged in the mapping of existing jobs (job titles and descriptions) in the public service with a view to then being able to harmonize the wage scales for “identical positions”. The Committee once again reminds the Government that the principle set forth in the Convention is not limited to “identical positions”, as it provides for equal remuneration for work of equal value, which also covers situations in which men and women perform different work, but that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). With regard to the private sector, the Government indicates that the remuneration of employed persons depends on the classification, as set out in collective agreements, attributed to them at the time of recruitment. The Committee draws the Government’s attention to the fact that, while it is important in itself to ensure that remuneration rates and categories are applied to men and women without discrimination, that is not sufficient to promote and ensure the full and complete application of the principle of equal remuneration for work of equal value. This is because the segregation that occurs between men and women on the labour market in terms of choice of employment results in an under-evaluation of jobs mainly occupied by women. The elimination of inequalities in remuneration resulting from this occupational segregation presupposes the comparison of jobs mainly carried out by women with those that are mainly exercised by men based on objective criteria exempt from any gender bias (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on the measures adopted or envisaged to promote, in collaboration with employers’ and workers’ organizations, the use of objective job evaluation methods in the public and private sectors, with a view to ensuring that the principle of equal remuneration for men and women for work of equal value finds expression in all mechanisms for the determination and adjustment of wages. The Committee requests the Government to indicate the criteria that are used and applied to determine remuneration in the public and private sectors with a view to ensuring that they are exempt from any gender bias and do not give rise, in practice, to an under-evaluation of jobs mainly occupied by women. It reminds the Government in this regard that it can have recourse to ILO’s technical assistance.

Application in practice. The Committee notes that, according to the reports prepared by the regional labour inspection services, transmitted to the central level, no violations relating to the Convention have been reported. However, it notes the Government’s reference to the importance of reinforcing the capacities of all stakeholders, and particularly labour inspectors, the social partners and magistrates, through increased and adequate training with a view to being able to give effect in practice to the principle of the Convention. The Committee requests the Government to continue providing specific information on the number, nature and outcome of complaints relating to discrimination and equal remuneration examined by labour inspectors and cases of wage discrimination dealt with by the courts or any other competent authority. The Committee requests the Government to provide specific information on any awareness raising and information activities envisaged or carried out with a view to promoting improved understanding by workers and employers and their organizations, the labour inspection services and magistrates of the principle of equal remuneration for men and women, and particularly of the concept of “work of equal value”.