Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Yemen (Ratification: 1976)

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 2024, 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.

Repetition

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–79). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.

Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.