Equal Remuneration Convention, 1951 (No. 100) - Mozambique (Ratification: 1977)

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

Articles 1 and 2 of the Convention. Occupational gender segregation. The Committee previously noted the persistence of the horizontal and vertical occupational segregation of women into lower-paying jobs or occupations, and lower-level positions, and asked the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy adopted in 2006, particularly as regards the measures aimed at promoting women’s access to training in areas traditionally dominated by men. The Committee notes the Government’s indication, in its report, that, in 2018, women represented 35.5 per cent of persons who benefited from vocational training in various fields, and were occupying less than 30 per cent of recorded positions. It further notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (Beijing +25), that huge gender differences still prevail in the labour force by sector, with most of the active female population being engaged in subsistence farming and informal activities characterized by precarious working conditions and exploitation, low level of legal protection and unstable incomes, making it impossible for women to access credit and work in more decent conditions. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), the Committee notes that the new Gender Equality Policy and Implementation Strategy, adopted in 2018, and operationalized by the IV National Plan for the Advancement of Women (PNAM) 2018-2024, sets as specific objective and strategic actions: (1) to promote equal rights and opportunities for women and men in relation to remuneration; and (2) ensure equal representation and participation of women and men in decision-making bodies, at all levels. The Committee however notes that, according to the 2019 Human Development Report from the United Nations Development Programme (UNDP), women represented only 22.2 per cent of the persons employed in senior and middle management, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; a value of 0 represents absolute equality, a value of 100 absolute inequality) was estimated at 54. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern about (1) the high proportion of poverty among women, in particular rural women who comprise the majority of the female population; and (2) the fact that women in the informal sector continue to be excluded from social protection, including pension benefits (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 33 and 37). The Committee therefore asks the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy and the National Plan for the Advancement of Women 2018-2024, particularly as regards the measures aimed at (i) addressing occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family; and (ii) promoting women’s access to formal jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating data and statistics is crucial for addressing appropriately unequal remuneration between men and women, the Committee again asks the Government to provide statistical information on the earnings of men and women, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Article 2(2)(b). Minimum wages. Referring to its previous comments where it noted that minimum wage setting was left to tripartite consultations undertaken per sector of economic activity, the Committee notes the Government’s statement that minimum wages are set by the Government in the nine different economic sectors established through Ministerial Order No. 161/2007 of 31 December 2007, after consultation with the social partners in the framework of the Labour Consultative Committee, pursuant to section 108 (5) of the Labour Act. It notes that, in April 2019, the Government increased the minimum salary in the public sector as well as in the eight other sectors of economic activity in the private sector. The Committee recalls that the fixing of minimum wages can make a significant contribution to the application of the principle of equal remuneration between men and women for work of equal value. However, when minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates are fixed based on objective criteria, free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on the fundamental Conventions, 2012, paragraph 683). In light of the gender segregation of the labour market, the Committee again asks the Government to provide information on the manner in which it is ensured that in defining minimum wages for the various sectors, rates are fixed on objective criteria, free from gender bias, and, in particular, that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison with those predominantly occupied by men. It further asks the Government to provide statistical information on the rates of sector-specific minimum wages, as well as on the percentage of women and men who are paid the minimum wage.

Article 3. Objective job evaluation. The Committee previously noted that section 251 of the Labour Act refers to the evaluation of workers’ skills and qualifications for the purpose of wage classification and recalled that the reference in Article 3 of the Convention to objective appraisal of jobs is different from the concept of the performance evaluation of the employee, as objective job evaluation is concerned with evaluating the job and not the individual worker. The Committee notes the repeated lack of information provided by the Government on the application of section 251 in practice. In this regard, it recalls that the objective evaluation of jobs provided for in Article 3 involves the adoption of some technique to measure and compare objectively the relative “value” of the jobs performed, comparing factors such as skill, effort, responsibilities and working conditions, with a view to ensuring that workers performing jobs which are different but of equal “value” receive equal remuneration. Whatever the method used for the objective evaluation of jobs, particular care must be taken to ensure that the method implemented is free from gender bias. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey, paragraph 701). Therefore, the Committee again asks the Government to indicate how in practice the assessment of workers’ skills and qualifications contributes to wage classification, as stipulated in section 251 of the Labour Act, and to provide information on the criteria used in appraising such skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously asked the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations to promote the effective application of the principle of equal remuneration for men and women for work of equal value. It notes the Government’s statement that wages are negotiated between workers’ and employers’ representatives in the various economic sectors at national level, as well as through collective labour agreements negotiated at the enterprise level. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide a copy of any collective agreements in force containing clauses on wages determination or reflecting the principle of the Convention. It further asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Enforcement. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the insufficient level of human, technical and financial resources to implement gender equality legislation, policies and plans (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 17). It further notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the «#Trade4DecentWork» project with a view to improving the implementation of ILO Fundamental conventions at national level. The Committee asks the Government to provide information on any measures or activities undertaken to raise public awareness of the provisions of the Convention, as well as on the procedures and remedies available, in particular as a result of the technical assistance provided by the ILO. It further asks the Government to provide information on any cases or complaints concerning inequality of remuneration detected by or reported to labour inspectors, the Ombudsperson, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies provided.

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

Article 1 of the Convention. Legislation. For many years, the Committee has repeatedly requested the Government to take all necessary steps to amend section 108(3) of Labour Act No. 23/2007, which provides that all employees have the right to receive equal wages and benefits for “equal work” without distinction based on, among other things, sex, with a view to ensuring that it fully reflects the principle of equal remuneration for men and women for work of equal value set out in the Convention. It previously noted the Government’s indication that the principle of the Convention is covered by this provision, and recalled that the concept of “work of equal value” includes, but goes 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. The Committee notes the Government’s statement, in its report, that the revision of the Labour Act has already been discussed with the social partners and considered by the Council of Ministers and is now currently being reviewed by the National Assembly. It further notes the adoption of Act No. 10/2017 of 1 August 2017 approving the general status of state employees and agents, forwarded by the Government, and more particularly section 54(2) of the Act which provides that all state employees and agents are entitled to receive equal remuneration for “equal work”. Regretting that the Government did not take this opportunity to include in the legislation a provision explicitly providing for equal remuneration for work of equal value, as required by the Convention, the Committee notes however that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO fundamental Conventions at national level, in particular by amending its national legislation. The Committee trusts that the Government will take every necessary steps to amend section 108(3) of Labour Act No. 23/2007 and section 54(2) of Act No. 10/2017, in order to fully reflect the principle of equal remuneration for men and women for work of equal value in its national legislation, so as to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to provide information on any progress made in this regard, in particular as a result of the technical assistance provided by the ILO.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 2 of the Convention. The Committee notes the Government’s indication that minimum wage setting is left to tripartite consultations undertaken per sector of economic activity. The Committee recalls that the fixing of minimum wages can make a significant contribution to the application of the principle of equal remuneration between men and women for work of equal value, and wishes to stress that it is important to ensure that the job evaluation method used to determine wage rates is free from gender bias. The Committee asks the Government to indicate how it is ensured that, in defining the minimum wages for the various sectors, rates are fixed on objective criteria, free from gender bias, and that female-dominated occupations are not undervalued in comparison with those predominantly undertaken by men.

The Committee recalls that some of the underlying causes of pay inequality have been identified in the horizontal and vertical occupational segregation of women into lower-paying jobs or occupations, and lower-level positions, and notes the absence of further information in the Government’s report. The Committee therefore once again asks the Government to:

• (i) provide information on the implementation of the Gender Equality Policy and Implementation Strategy adopted in 2006, particularly as regards the measures aimed at promoting women’s access to training in areas traditionally dominated by men, and its impact on promoting the application of the principle of the Convention and reducing wage inequalities between men and women, as well as on the application and impact of any other relevant measures, including those taken under the Employment and Vocational Training Strategy with a view to addressing occupational segregation; and
• (ii) collect and provide statistical information on the levels of women’s and men’s earnings in the various sectors of the economy and the various occupations and positions in the private and public sectors.

Article 3. Objective job evaluation. The Committee refers to its previous comments on section 251 of Labour Act No. 23/2007 and notes the information provided by the Government concerning the range of cases that are listed in this section in which the professional appraisal of workers is required. While noting this information, the Committee recalls that section 251 refers to the evaluation of workers’ skills and qualifications also for the purpose of wage classification. It wishes to stress that the reference in Article 3 of the Convention to objective appraisal of jobs is different from the concept of the performance evaluation of the employee, as objective job evaluation is concerned with evaluating the job and not the individual worker. In this regard, the Committee recalls that the objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative “value” of the jobs performed, comparing factors such as skill, effort, responsibilities and working conditions, with a view to ensuring that workers performing different jobs but of equal “value” receive equal remuneration. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraph 701). The Committee therefore once again asks the Government to indicate how in practice the assessment of workers’ skills and qualifications contributes to wage classification, as stipulated in section 251 of the Labour Act, and to provide information on the criteria used in appraising such skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, the Committee once again asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations to promote the effective application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Legislation. Since 2009, the Committee has repeatedly requested the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007, which provides for the right to equal pay for equal work, with a view to ensuring that it fully reflects the principle of equal remuneration for men and women for “work of equal value”. Noting the Government’s indication that the principle of the Convention is covered by this provision, the Committee once again recalls that the concept of “work of equal value” includes, but goes 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. The Committee once again asks the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007 in order to bring it fully in line with the Convention. The Committee also reminds the Government of the possibility of availing itself of ILO technical assistance to this end.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 2 of the Convention. Application in practice. The Committee notes the Government’s statement that the employment and vocational training strategy focuses on women’s self employment through the grant of loans for the development of small businesses. In the public sector, the aim is to broaden opportunities for women’s access to positions of responsibility. The Gender Equality Policy and Implementation Strategy aims at improving the conditions for women’s access to the labour market through the creation of sustainable management microprojects. The Committee notes once again that the Government provides no statistics on the wage levels of men and women, which makes it difficult for the Committee to determine whether there has been progress in the practical application of the Convention. The Committee therefore once again asks the Government:

• (i) to provide information on the implementation of the Gender Equality Policy and Implementation Strategy and its impact on promoting the application of the principle of the Convention and reducing wage inequalities between men and women, as well as on the application and impact of any other relevant measures, including those taken under the Employment and Vocational Training Strategy; and
• (ii) collect and provide statistical information on the levels of women’s and men’s earnings in the various sectors of the economy and the various occupations and positions.

Article 3. Objective job evaluation. Noting that section 251 of the Labour Act provides for appraisal of the skills and qualifications required to perform certain jobs for the purpose of wage classification, the Committee asks the Government to provide information on the application of this provision and the criteria used in appraising skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations, in particular in the context of the wage fixing activities of the Consultative Labour Committee, to promote the effective application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It notes, however, that there were representatives from Mozambique participating in the ILO Workshop on International Labour Standards and Constitutional Obligations held in September 2013, in Lisbon. The workshop aimed at strengthening the capacity of governments as well as workers’ and employers’ organizations with regard to reporting and legislative requirements under articles 19 and 22 of the ILO Constitution. The Committee welcomes the Government’s participation in the event and hopes that the assistance provided by the Office will offer additional guidance in the elaboration of the Government’s next report. It hopes that the next report will contain full information on the questions raised in its previous observation, which read as follows:

Repetition

Article 1 of the Convention. Legislation. In its previous comments, the Committee requested the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007, which establishes only the right to equal pay for the same work, so that it fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee notes that in its report the Government mentions no developments in this area. The Committee recalls that, in its general observation of 2006, it stressed that the concept of “work of equal value” includes but goes 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. The Committee therefore once again asks the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007, so that this provision fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government, should it deem appropriate, to seek technical assistance from the ILO on this matter.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Application in practice. The Committee notes the Government’s statement that the employment and vocational training strategy focuses on women’s self employment through the grant of loans for the development of small businesses. In the public sector, the aim is to broaden opportunities for women’s access to positions of responsibility. The Gender Equality Policy and Implementation Strategy aims at improving the conditions for women’s access to the labour market through the creation of sustainable management microprojects. The Committee notes once again that the Government provides no statistics on the wage levels of men and women, which makes it difficult for the Committee to determine whether there has been progress in the practical application of the Convention. The Committee therefore once again asks the Government:

(i)    to provide information on the implementation of the Gender Equality Policy and Implementation Strategy and its impact on promoting the application of the principle of the Convention and reducing wage inequalities between men and women, as well as on the application and impact of any other relevant measures, including those taken under the Employment and Vocational Training Strategy; and

(ii)   collect and provide statistical information on the levels of women’s and men’s earnings in the various sectors of the economy and the various occupations and positions.

Article 3. Objective job evaluation. Noting that section 251 of the Labour Act provides for appraisal of the skills and qualifications required to perform certain jobs for the purpose of wage classification, the Committee asks the Government to provide information on the application of this provision and the criteria used in appraising skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations, in particular in the context of the wage fixing activities of the Consultative Labour Committee, to promote the effective application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Legislation. In its previous comments, the Committee requested the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007, which establishes only the right to equal pay for the same work, so that it fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee notes that in its report the Government mentions no developments in this area. The Committee recalls that, in its general observation of 2006, it stressed that the concept of “work of equal value” includes but goes 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. The Committee therefore once again asks the Government to take all necessary steps to amend section 108 of Labour Act No. 23/2007, so that this provision fully reflects the principle of equal remuneration for men and women for work of equal value. The Committee encourages the Government, should it deem appropriate, to seek technical assistance from the ILO on this matter.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2 of the Convention. Application in practice. The Committee notes the Government’s reference to the Employment and Vocational Training Strategy, placing emphasis on the promotion of women’s employment, and to some measures taken in the public service to increase job opportunities for women, including in senior positions. The Committee also notes that the Gender Policy and Implementation Strategy of 2006 provides for the adoption of measures aimed, among other things, at promoting women’s access to training in areas traditionally dominated by men, sensitizing the public on gender issues and combating gender stereotypes as well as disseminating and implementing legal instruments on gender, including ratified Conventions. The Committee notes that, in the absence of statistical information on the remuneration levels of men and women, it is not possible to assess whether any progress is being made in the application of the Convention in practice. The Committee asks the Government to:

(i)    provide information on the implementation of the Gender Policy and Implementation Strategy and its impact on promoting the application of the principle of the Convention and reducing wage inequalities between men and women, as well as on the application and impact of any other relevant measures, including those taken under the Employment and Vocational Training Strategy; and

(ii)   collect and submit statistical information on the levels of women’s and men’s earnings in the different economic sectors, occupations and positions.

Article 3. Objective job evaluation. Noting that section 251 of the Labour Act provides for the assessment of the skills and qualifications required to perform a certain job for the purpose of wage classification, the Committee asks the Government to provide information on the application of this provision and the criteria used for the assessment of skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate how it is cooperating with the workers’ and employers’ organizations, including in the context of the wag‑fixing activities of the Consultative Labour Committee, to promote the effective application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and practice. Over the years, the Committee has been emphasizing the need to ensure the consistent and full application of the principle of the Convention in national legislation. Noting the adoption of the new Labour Act (Law No. 23/2007) on 1 August 2007, the Committee regrets that the Government did not take this opportunity to include in the legislation a provision explicitly providing for equal remuneration for work of equal value. The Committee notes that under section 108(3) of the Act all employees have the right to receive equal wages and benefits for “equal work” without distinction based on, among others, sex. However, the Committee once again emphasizes that requiring equal remuneration solely for women and men who perform equal, similar or the same work falls short of fully reflecting the principle of the Convention, which also requires that women and men performing work of an entirely different nature, but which is nonetheless of equal value, be remunerated equally. The Committee refers to its 2006 general observation on the topic and urges the Government to take steps to amend section 108 of the Labour Act, 2007, so that it fully reflects the principle of equal remuneration for work of equal value.

The Committee is raising other points in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(b) of the Convention. Application by law. Recalling its previous comments concerning the meaning of section 47(2) of the Labour Code of 20 July 1998 which provides that all employees have the “right to receive equal salary and benefits for equal work”, the Committee notes the Government’s statement that the term “equal work” in section 47(2) was meant to cover work of equal value. Drawing the Government’s attention to its 2006 general observation concerning the Convention, the Committee asks the Government to consider, for the sake of clarity, and with a view to ensuring the full application of the Convention’s principle in law and in practice, explicitly including the notion of equal remuneration for work of equal value in the legislation in the context of the ongoing labour law revision, and asks the Government to provide information on the measures taken in that regard.

2. Article 2. Application in practice. The Committee notes the information contained in the Government’s report concerning the participation of women in training and employment creation projects. The Committee stresses the need to take further measures to ensure that men and women have access to better paying jobs on an equal footing, including in the formal economy, and asks the Government to continue to provide information on the measures taken in this regard.

3. Part V of the report form. The Committee notes the Government’s indication that the Department of Labour Statistics, in close cooperation with the National Institute for Statistics, has been training labour statisticians in order to produce more complete data. The Committee asks the Government to provide statistical information on remuneration, disaggregated by sex, as soon as such data becomes available.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. With reference to its previous comments regarding the meaning of "equal pay and allowances for the same work" in section 47(2) of the Labour Code of 20 July 1998 and the application of the principle of the Convention in practice, the Committee notes the Government’s statement that Act No. 8/1998 of 20 July 1998 is under review. It hopes that the Government will take the opportunity to amend section 47(2) to incorporate the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any developments in this regard.

2. Article 2. Progress made in the application of equal remuneration. With regard to equal remuneration between men and women in the agricultural sector, the Committee notes the Government’s statement that factors contributing to the low percentage of women occupying managerial or administrative posts in this sector include the fact that few women have higher education and that many women marry before reaching secondary or higher education. The Government adds that it is making every effort to remedy the wage disparity between men and women, and that it has taken measures to promote access to education and training for women in spheres traditionally dominated by men, and to promote their access to managerial and administrative positions. Further, in this context, the Committee notes Government regulation No. 75/2004 of 28 April 2004 setting the national minimum wages respectively for the agricultural and fishing sector and the industrial, commercial and other sectors of activities. Noting the lower minimum wages for the agricultural sector and the fact that the overwhelming majority of the women work in this sector, the Committee asks the Government to provide information on the progress made with regard to initiatives to promote women’s access to jobs outside the agricultural sectors and to increase their participation in secondary and higher education as well as occupational training and guidance. Please also provide concrete up-to-date information on the number of women who have benefited from training in non-traditional jobs as well as the number of women who have been appointed to managerial positions, including in the agricultural sector, as a result of training.

3. Part V of the report form. Statistics. On several occasions, the Committee has asked for different types of statistics that would enable it to compare the average remuneration of men and women employed at various levels and job categories in the public and private sectors. While the Government has provided statistics in the past, for which the Committee is thankful, these statistics were often incomplete, not disaggregated by sex or not up to date. The Committee once again recalls the importance of compiling and analysing labour statistics regarding levels of remuneration, disaggregated by sex, as a means of promoting and assessing the application of the Convention. The Government is asked to provide information on the measures taken and the progress made with regard to gathering such labour statistics as outlined in its general observation of 1998, and to supply such statistics in its next report. Noting the wage scales attached to the collective agreement adopted in 2003 for the "Companhia Industrial da Matola", please also provide, if feasible, information on the number of men and women employed in the various wages scales covered by the agreement, as well as copies of any other collective agreements adopted recently.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s brief report.

1. According to the Government’s reply to the Committee’s previous direct request, section 47(2) of the Labour Code of 20 July 1998, which provides that "all workers, Mozambican or foreign, and without distinction as to gender, […] shall be entitled to receive equal pay and allowances for the same work ("le même travail") implies "work of equal value" and thus is not at variance with the spirit of the Convention. The Committee notes this statement but considers that some clarification of the text of the law is still necessary, to ensure that the letter, as well as the spirit, of the Convention is observed. The Committee therefore asks the Government to indicate what measures it intends to take to ensure that the principle of the Convention is applied in practice and hopes that it will incorporate the principles embodied in Article 2 of the Convention in its legislation in the near future.

2. The Committee notes the statistics, which are in fact incomplete, supplied by the Government. The Committee notes that in 2000-01, a large proportion of women worked in family enterprises without receiving any wages (55.1 per cent, as opposed to 10.9 per cent of men), and that a much higher proportion of men than women were paid wages (26 per cent, versus 4.2 per cent of men). The Committee does not, however, have any statistics which would enable it to compare the average remuneration of men and women in different sectors of the labour market and accordingly asks the Government to provide the most recent available statistics on this subject.

3. The Committee notes that the Government in its report does not reply to a number of its previous comments. It must therefore repeat the following points of its previous direct request:

[…]

(b)  In its report, the Government indicates that women in Mozambique participate in economic activity in the same manner as men without being subjected to any type of discrimination, with the exception of certain branches of activity which are perceived as posing a high risk to women. The Committee recalls that, in order to facilitate the application of the principle of equal remuneration, appropriate action should be taken, where necessary, to raise the productive efficiency of women workers by, inter alia, promoting equal access for men and women workers to occupations and posts without prejudice to national laws and regulations concerning the protection of the health and welfare of women (see Equal Remuneration Recommendation, 1951 (No. 90), Paragraph 6(d)). In this regard, the Committee asks the Government to provide information regarding those branches of activity deemed to pose a high risk to women workers, indicating whether such activities are prohibited to women and, if so, the reasons therefor. Please also provide information on the current rates of remuneration for positions in these branches of activity.

(c)  According to the statistics provided in the Government’s report (which the Committee notes are incomplete), women made up 52.5 per cent of the labour force in Mozambique in 1995. The data provided reflect that the overwhelming majority of working women in Mozambique, 91.76 per cent, are employed in the agriculture, forestry and fishing sectors. The figures show that, despite their greater numbers in the agricultural workforce in 1996, women occupied only 33 per cent of the managerial positions in that sector. Further, the data indicate that those female workers holding managerial positions in the agricultural sector in 1996 earned only 59 per cent of the comparable male average monthly wage. There was a lesser differential at lower levels of the agricultural sector, where women workers earned a greater percentage of the corresponding wages earned by men: middle-level technicians (79.5 per cent); other technicians (81 per cent); and administrative staff (87 per cent). The Committee would be grateful if the Government would supply information in its next report regarding any studies or other information which may indicate the factors accounting for women’s low share of managerial/senior positions, particularly in the agricultural sector, and for their lower rate of pay in that sector. It would also be grateful for information on any measures taken or envisaged to reduce this wage gap and to increase the percentage of women in managerial and supervisory positions.

(d)  The Committee notes the salary tables provided by the Government for various enterprises as well as for the government sector. With the exception of the information provided regarding the average monthly salary for workers in 1996, the salary tables provided by the Government in reply to the Committee’s 1997 direct request are not broken down according to sex. Nor do they reflect the percentages of men and women employed at various levels and categories. Thus, these salary tables do not permit an assessment of the application of the principle of equal remuneration in the Convention. The Committee understands that the Government has recently undertaken a significant reorganization of its system of labour and employment statistics, as well as of the administrative mechanisms for gathering and analysing relevant labour and employment data and hopes that these developments will enable the Government to provide the requested statistics disaggregated by sex in future reports. In this respect, the Committee reminds the Government that, if deemed appropriate, the Government may call upon the technical assistance of the Office to reinforce, as appropriate, the capabilities of the new labour statistics system.

(e)  The Committee notes with interest the information provided by the Government with regard to its objectives in the area of labour, including its focus on occupational training; and notes also the confirmation of the Government’s intent to ensure equal access to occupational guidance and training as well as to employment following such training activities. The Committee would be grateful if the Government would continue to provide information regarding the progress of its activities and initiatives in this regard.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s brief report.

1. The Committee takes due notice of the Government’s indication that there are no differences in remuneration between men and women for work of equal value. In this context, the Government refers to section 47(2) of the Labour Code of 20 July 1998, which provides that all national or foreign workers, without distinction as to their sex ... have the right to receive equal salary and benefits for the same work. The Committee draws the Government’s attention to paragraph 19 of its 1986 General Survey on equal remuneration, which makes clear that under the Convention, equal remuneration for men and women workers is to be established for "work of equal value", going beyond the principle of equal pay for the same work, as reflected in section 47(2) of the Labour Code. The Committee therefore reiterates its request that the Government indicate the measures taken to ensure the observance and application in practice of the principle of the Convention, including whether the Government contemplates giving legal expression to the principle contained in Article 2 of the Convention. (See 1986 General Survey on equal remuneration, at paragraphs 19-23, 52-70 and 138-152.)

2. The Committee notes that the Government’s report does not reply to the Committee’s previous comments. It must therefore repeat the following points of its previous direct request, which read as follows:

(a)  The Committee takes due notice of the Government’s statements that the Constitution of the Republic of Mozambique confirms a non-discrimination policy and that there is no difference in remuneration between men and women for work of equal value or for identical work. The Committee therefore requests the Government to indicate the measures taken to ensure the observance and application in practice of this policy, including whether the Government contemplates giving legal expression to the principle contained in Article 2 of the Convention. (See 1986 General Survey on equal remuneration, paragraphs 19 to 23, 52 to 70 and 138 to 152.)

(b)  In its report, the Government indicates that women in Mozambique participate in economic activity in the same manner as men without being subjected to any type of discrimination, with the exception of certain branches of activity which are perceived as posing a high risk to women. The Committee recalls that, in order to facilitate the application of the principle of equal remuneration, appropriate action should be taken, where necessary, to raise the productive efficiency of women workers by, inter alia, promoting equal access for men and women workers to occupations and posts without prejudice to national laws and regulations concerning the protection of the health and welfare of women (see Equal Remuneration Recommendation, 1951 (No. 90), Paragraph 6(d)). In this regard, the Committee asks the Government to provide information regarding those branches of activity deemed to pose a high risk to women workers, indicating whether such activities are prohibited to women and, if so, the reasons therefor. Please also provide information on the current rates of remuneration for positions in these branches of activity.

(c)  According to the statistics provided in the Government’s report (which the Committee notes are incomplete), women made up 52.5 per cent of the labour force in Mozambique in 1995. The data provided reflect that the overwhelming majority of working women in Mozambique, 91.76 per cent, are employed in the agriculture, forestry and fishing sectors. The figures show that, despite their greater numbers in the agricultural workforce, in 1996, women occupied only 33 per cent of the managerial positions in that sector. Further, the data indicates that those female workers holding managerial positions in the agricultural sector in 1996 earned only 59 per cent of the comparable male average monthly wage. There was a lesser differential at lower levels of the agricultural sector, where women workers earned a greater percentage of the corresponding wages earned by men: middle-level technicians (79.5 per cent); other technicians (81 per cent); and administrative staff (87 per cent). The Committee would be grateful if the Government would supply information in its next report regarding any studies or other information which may indicate the factors accounting for women's low share of managerial/senior positions, particularly in the agricultural sector, and for their lower rate of pay in that sector. It would also be grateful for information on any measures taken or envisaged to reduce this wage gap and to increase the percentage of women in managerial and supervisory positions.

(d)  The Committee notes the salary tables provided by the Government for various enterprises as well as for the government sector. With the exception of the information provided regarding the average monthly salary for workers in 1996, the salary tables provided by the Government in reply to the Committee's 1997 direct request are not broken down according to sex. Nor do they reflect the percentages of men and women employed at various levels and categories. Thus, these salary tables do not permit an assessment of the application of the principle of equal remuneration in the Convention. The Committee understands that the Government has recently undertaken a significant reorganization of its system of labour and employment statistics, as well as of the administrative mechanisms for gathering and analysing relevant labour and employment data and hopes that these developments will enable the Government to provide the requested statistics disaggregated by sex in future reports. In this respect, the Committee reminds the Government that, if deemed appropriate, the Government may call upon the technical assistance of the Office to reinforce, as appropriate, the capabilities of the new labour statistics system.

(e)  The Committee notes with interest the information provided by the Government with regard to its objectives in the area of labour, including its focus on occupational training; and notes also the confirmation of the Government's intent to ensure equal access to occupational guidance and training as well as to employment following such training activities. The Committee would be grateful if the Government would continue to provide information regarding the progress of its activities and initiatives in this regard.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report and attached documentation, including statistical information.

1. The Government's report indicates that, through the tripartite Labour Advisory Commission, the Government and its social partners set the national minimum wage for the protection of workers employed in agriculture and livestock, industry, commerce and other sectors of economic activity. The Committee notes the information provided in the report regarding the minimum wage which, by its terms, applies the same rate to workers regardless of gender. The Government has indicated in previous reports that salaries for other occupational categories are established by the collective bargaining process. Accordingly, in order to permit the Committee to evaluate the application of the principle of the Convention, the Government is again requested to provide copies of collective agreements reflecting rates of remuneration for different sectors, indicating, where feasible, the percentage of women covered by private sector collective bargaining agreements and the percentages of men and women employed at the various levels in the different sectors.

2. The Committee takes due notice of the Government's statements that the Constitution of the Republic of Mozambique confirms a non-discrimination policy and that there is no difference in remuneration between men and women for work of equal value or for identical work. The Committee therefore requests the Government to indicate the measures taken to ensure the observance and application in practice of this policy, including whether the Government contemplates giving legal expression to the principle contained in Article 2 of the Convention. (See 1986 General Survey on equal remuneration, paragraphs 19 to 23, 52 to 70 and 138 to 152.)

3. In its report, the Government indicates that women in Mozambique participate in economic activity in the same manner as men without being subjected to any type of discrimination, with the exception of certain branches of activity which are perceived as posing a high risk to women. The Committee recalls that, in order to facilitate the application of the principle of equal remuneration, appropriate action should be taken, where necessary, to raise the productive efficiency of women workers by, inter alia, promoting equal access for men and women workers to occupations and posts without prejudice to national laws and regulations concerning the protection of the health and welfare of women (see Equal Remuneration Recommendation, 1951 (No. 90), paragraph 6(d)). In this regard, the Committee asks the Government to provide information regarding those branches of activity deemed to pose a high risk to women workers, indicating whether such activities are prohibited to women and, if so, the reasons therefor. Please also provide information on the current rates of remuneration for positions in these branches of activity.

4. According to the statistics provided in the Government's report (which the Committee notes are incomplete), women made up 52.5 per cent of the labour force in Mozambique in 1995. The data provided reflect that the overwhelming majority of working women in Mozambique, 91.76 per cent, are employed in the agriculture, forestry and fishing sectors. The figures show that, despite their greater numbers in the agricultural workforce, in 1996, women occupied only 33 per cent of the managerial positions in that sector. Further, the data indicates that those female workers holding managerial positions in the agricultural sector in 1996 earned only 59 per cent of the comparable male average monthly wage. There was a lesser differential at lower levels of the agricultural sector, where women workers earned a greater percentage of the corresponding wages earned by men: middle-level technicians (79.5 per cent); other technicians (81 per cent); and administrative staff (87 per cent). The Committee would be grateful if the Government would supply information in its next report regarding any studies or other information which may indicate the factors accounting for women's low share of managerial/senior positions, particularly in the agricultural sector, and for their lower rate of pay in that sector. It would also be grateful for information on any measures taken or envisaged to reduce this wage gap and to increase the percentage of women in managerial and supervisory positions.

5. The Committee notes the salary tables provided by the Government for various enterprises as well as for the government sector. With the exception of the information provided regarding the average monthly salary for workers in 1996, the salary tables provided by the Government in reply to the Committee's 1997 direct request are not broken down according to sex. Nor do they reflect the percentages of men and women employed at various levels and categories. Thus, these salary tables do not permit an assessment of the application of the principle of equal remuneration in the Convention. The Committee understands that the Government has recently undertaken a significant reorganization of its system of labour and employment statistics, as well as of the administrative mechanisms for gathering and analysing relevant labour and employment data and hopes that these developments will enable the Government to provide the requested statistics disaggregated by sex in future reports. In this respect, the Committee reminds the Government that, if deemed appropriate, the Government may call upon the technical assistance of the Office to reinforce, as appropriate, the capabilities of the new labour statistics system.

6. The Committee notes with interest the information provided by the Government with regard to its objectives in the area of labour, including its focus on occupational training; and notes also the confirmation of the Government's intent to ensure equal access to occupational guidance and training as well as to employment following such training activities. The Committee would be grateful if the Government would continue to provide information regarding the progress of its activities and initiatives in this regard.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information supplied by the Government in its brief report.

1. In its previous direct request, the Committee noted that the minimum wage is fixed by the Labour Advisory Commission, while other wage rates are determined by collective bargaining, and requested the Government to provide copies of collective agreements determining remuneration rates for a series of sectors, with an indication, where possible, of the percentage of women covered by these instruments and the percentages of men and women employed at the various levels. The Committee takes note of the Government's statement that the wage system of the country allows all workers, irrespective of their sex, to earn the same remuneration for work of equal value, but that it is not possible, at this point in time, to send copies of collective agreements because collective bargaining is currently carried out at the level of the enterprise, between the employer and the trade union. The Committee refers to the comments it is making in the direct request under Convention No. 111 regarding the possibility of technical assistance in certain areas where the national system of gathering statistics is perceived to be inadequate. It would also repeat its request to the Government for a copy of any enterprise-level collective agreement that would throw light on how the present Convention is applied in practice.

2. The Committee noted in its previous direct request that section 3(3) of the General Regulations on Conditions of Service of Public Servants provides that public servants who perform "identical" work are entitled to equal wages for "equal" work. The Committee referred the Government to paragraphs 19 to 21 and 52 to 70 of the 1986 General Survey on equal remuneration, in which it explained that the Convention goes beyond the mere reference to "identical" work when determining the value of work. The Committee accordingly requested the Government to indicate the measures which have been taken or are envisaged to include in the General Regulations on Conditions of Service of Public Servants the principle of equal remuneration for men and women workers for work of equal value, and not only for identical work. Since the current report contains no information on this point, the Committee once again requests a copy of the wage scales applicable to the public service (established by the Decree of 29 December 1990), together with information on the distribution of men and women at the various levels and the categories of public service employment.

3. The Committee noted that the statistics provided by the Government in reply to its previous request are global in nature and are not disaggregated by sex; they do not therefore enable it to assess the participation of women in working life and, more specifically, to assess the application of the principle of equal remuneration for work of equal value. The Committee, taking note of the information supplied by the Government regarding the difficulties it faces in providing such data, reminds the Government, as it mentions above, that the technical assistance of the Office is available if there is a need to re-examine the methodology used in the national statistics system.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report.

1. Noting that the minimum wage is fixed by the Labour Advisory Commission, while other wage rates are determined by collective bargaining, the Committee requests the Government to provide copies of collective agreements determining remuneration rates for a series of sectors, with an indication, where possible, of the percentage of women covered by these instruments and the percentages of men and women employed at the various levels.

2. The Committee notes from the report that section 3(3) of the General Regulations on Conditions of Service of Public Servants provides that public servants who perform "identical" work are entitled to equal wages for "equal" work. The Committee refers the Government to paragraphs 19 to 21 and 52 to 70 of the 1986 General Survey on equal remuneration, in which it explains, that the Convention goes beyond the mere reference to "identical" work when determining the value of work. The Committee requests the Government to indicate the measures which have been taken or are envisaged to include in the General Regulations on Conditions of Service of Public Servants the principle of equal remuneration for men and women workers for work of equal value, and not only for identical work. In the meantime, the Committee once again requests a copy of the wage scales applicable to the public services established by the Decree of 29 December 1990, with information on the distribution of men and women at the various levels and the categories in which a high number of women are engaged.

3. The Committee notes that the statistics provided by the Government in reply to its previous request are not disaggregated by men and women workers and that they do not therefore enable it to assess the participation of women in working life and the application of the principle of equal remuneration for work of equal value. It hopes that the Government will provide these statistics in its next report after they have been disaggregated by sex, so that they show the average earnings of men and women, in so far as possible, by occupation, sector, seniority and skill level, and the corresponding percentage of women.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It hopes 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 direct request, which read as follows:

1. With regard to the application of the principle of equal remuneration for work of equal value, the Committee notes the Government's statement to the effect that it has established minimum wages in the light of a number of macroeconomic indicators and has left it to the social partners to establish wages above the level of the minimum wage and the other related benefits by means of collective bargaining. The Committee requests the Government to supply with its next report texts of collective agreements currently in force which fix wage levels in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels.

2. The Committee notes that, according to the Government, women are increasingly being employed in jobs which were traditionally the reserve of men and occupy positions of responsibility in certain private enterprises and in the public administration. The Committee notes that, at the present time, the Government is not in a position to supply detailed statistics to illustrate this situation and it requests the Government, in collaboration with the organizations of employers and workers, to compile statistics concerning wage rates and related information and to analyse them in order to identify in a more precise manner the nature and scope of existing inequalities and to formulate measures to eliminate them, as recommended in paragraph 248 of the 1986 General Survey on Equal Remuneration. The Committee would be grateful to receive with the next report copies of such studies and analyses in order to be able to assess the manner in which the principle of equality of remuneration is applied in practice.

3. The Committee notes that Decree No. 41 of 29 December 1990, which was partially amended in 1991 by Decree No. 22, establishes a scale of wages which is applicable to state public services. It would be grateful if the Government would indicate in its next report the distribution of men and women employed at different levels and the categories in which a large number of women workers are employed.

4. The Committee also requests the Government to supply recent information on the measures that have been taken to supervise the application of provisions respecting equal remuneration for work of equal value and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed), as well as on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the explanations provided in the Government's report with regard to the activities of the local labour office and the labour inspectorate in supervising the application of the principle of equal remuneration.

1. The Committee notes the information supplied in the Government's report according to which Council of Ministers Decree No. 7 of 9 March 1994 creates a tripartite Labour Advisory Commission, responsible, inter alia, for the analysis and issuing of opinions on basic issues concerning the functioning of the economy with special emphasis on labour and social matters. Recalling that the Committee had previously requested copies of any reports and analyses involving a gender breakdown of wage rates, so as to be able to assess the full application of the Convention, the Committee would appreciate receiving information in the Government's next report on the activities of this Commission in relation to the principle of equal remuneration for work of equal value. The Committee is particularly interested in the work of the Commission under section 2(1)(b) of the Decree, according to which it shall "foster cooperation among workers' and employers' representative organizations in defining policies for wages and prices, (and) employment and vocational training ...".

2. Regarding the Committee's previous request for data on the distribution of men and women in the state public services, and on the percentage of women covered by private sector collective agreements, the Committee notes that the Government is silent on the first point, and states that it had no time to contact employers' organizations for the private sector data due to the late arrival of the report forms. The Committee recalls that it needs data of this kind since difficulties in the application of the Convention are often linked to a lack of knowledge of the true situation of remuneration inequalities (paragraph 248 of its 1986 General Survey on Equal Remuneration). The Committee accordingly would appreciate receiving, with the Government's next report, these statistical breakdowns which will assist the Committee in assessing the application of the principle of equal remuneration.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes 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 direct request, which read as follows:

1. With regard to the application of the principle of equal remuneration for work of equal value, the Committee notes the Government's statement to the effect that it has established minimum wages in the light of a number of macroeconomic indicators and has left it to the social partners to establish wages over the level of the minimum wage and the other related benefits by means of collective bargaining. The Committee requests the Government to supply with its next report texts of collective agreements currently in force which fix wage levels in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels.

2. The Committee notes that, according to the Government, women are increasingly being employed in jobs which were traditionally the reserve of men and occupy positions of responsibility in certain private enterprises and in the public administration. The Committee notes that, at the present time, the Government is not in a position to supply detailed statistics to illustrate this situation and it requests the Government, in collaboration with the organizations of employers and workers, to compile statistics concerning wage rates and related information and to analyse them in order to identify in a more precise manner the nature and scope of existing inequalities and to formulate measures to eliminate them, as recommended in paragraph 248 of the 1986 General Survey on Equal Remuneration. The Committee would be grateful to receive with the next report copies of such studies and analyses in order to be able to assess the manner in which the principle of equality of remuneration is applied in practice.

3. The Committee notes that Decree No. 41 of 29 December 1990, which was partially amended in 1991 by Decree No. 22, establishes a scale of wages which is applicable to state public services. It would be grateful if the Government would indicate in its next report the distribution of men and women employed at different levels and the categories in which a large number of women workers are employed.

4. The Committee also requests the Government to supply recent information on the measures that have been taken to supervise the application of provisions respecting equal remuneration for work of equal value and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed), as well as on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its latest reports.

1. With regard to the application of the principle of equal remuneration for work of equal value, the Committee notes the Government's statement to the effect that it has established minimum wages in the light of a number of macroeconomic indicators and has left it to the social partners to establish wages over the level of the minimum wage and the other related benefits by means of collective bargaining. The Committee requests the Government to supply with its next report texts of collective agreements currently in force which fix wage levels in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels.

2. The Committee notes that, according to the Government, women are increasingly being employed in jobs which were traditionally the reserve of men and occupy positions of responsibility in certain private enterprises and in the public administration. The Committee notes that, at the present time, the Government is not in a position to supply detailed statistics to illustrate this situation and it requests the Government, in collaboration with the organizations of employers and workers, to compile statistics concerning wage rates and related information and to analyse them in order to identify in a more precise manner the nature and scope of existing inequalities and to formulate measures to eliminate them, as recommended in paragraph 248 of the 1986 General Survey on Equal Remuneration. The Committee would be grateful to receive with the next report copies of such studies and analyses in order to be able to assess the manner in which the principle of equality of remuneration is applied in practice.

3. The Committee notes that Decree No. 41 of 29 December 1990, which was partially amended in 1991 by Decree No. 22, establishes a scale of wages which is applicable to state public services. It would be grateful if the Government would indicate in its next report the distribution of men and women employed at different levels and the categories in which a large number of women workers are employed.

4. The Committee also requests Government to supply recent information on the measures that have been taken to supervise the application of provisions respecting equal remuneration for work of equal value and, in particular, on the activities of the labour inspection services (violations reported and penalties imposed), as well as on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes 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 direct request, which read as follows:

Further to its previous comments, the Committee takes note of the information supplied by the Government in its report (received too late to be examined at its previous session) in reply to its previous comments.

1. The Committee takes note of the statistical information provided by the Government, which reveals that women account for approximately 35.40 per cent of total employees and are concentrated, in particular, in typing, key/entry, commerce and dressmaking. The Committee takes note of the Government's statement that the application of the principle of equal remuneration for work of equal value depends on the way socio-cultural factors develop and on the opportunities for technical and occupational education, whose nature is determined by the fact that the country is a developing one. It is noteworthy, however, that women are already beginning to take up occupations traditionally held by men, but that the lack of statistics makes it impossible to indicate their number. In this connection, the Committee refers to paragraphs 22 and 72 of its General Survey of 1986 on equal remuneration in which it indicates that in spite of the difficulties associated with a broader comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee requests the Government to indicate in its next report the progress made in securing an objective appraisal of jobs in the sectors where women are concentrated, in order to apply the principle of equal remuneration for work of equal value.

2. The Committee takes note of section 111(3) of the General Conditions of Employment of Public Servants under which all public employees covered by identical conditions of service are entitled to equal remuneration for equal work. The Committee would be grateful if the Government would provide the text of the regulations to be issued under the above-mentioned General Conditions of Employment as soon as they are published.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee takes note of the information supplied by the Government in its report (received too late to be examined at its previous session) in reply to its previous comments.

1. The Committee takes note of the statistical information provided by the Government, which reveals that women account for approximately 35.40 per cent of total employees and are concentrated, in particular, in typing, key/entry, commerce and dressmaking. The Committee takes note of the Government's statement that the application of the principle of equal remuneration for work of equal value depends on the way socio-cultural factors develop and on the opportunities for technical and occupational education, whose nature is determined by the fact that the country is a developing one. It is noteworthy, however, that women are already beginning to take up occupations traditionally held by men, but that the lack of statistics makes it impossible to indicate their number. In this connection, the Committee refers to paragraphs 22 and 72 of its General Survey of 1986 on equal remuneration in which it indicates that in spite of the difficulties associated with a broader comparison of jobs, the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as "peculiar to women". The Committee requests the Government to indicate in its next report the progress made in securing an objective appraisal of jobs in the sectors where women are concentrated, in order to apply the principle of equal remuneration for work of equal value.

2. The Committee takes note of section 111(3) of the General Conditions of Employment of Public Servants under which all public employees covered by identical conditions of service are entitled to equal remuneration for equal work. The Committee would be grateful if the Government would provide the text of the regulations to be issued under the above-mentioned General Conditions of Employment as soon as they are published.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest from the detailed information supplied by the Government in reply to its previous comments the progress achieved in implementing the principle of equal remuneration for men and women workers for work of equal value.

With regard more particularly to section 75 of the new General Labour Act (Act No. 8 of 1985), which enshrines this principle, and Decree No. 5/87 of 30 January 1987, and with reference to the evaluation of various jobs on the basis of the qualifications required to perform them, the Committee requests the Government to refer to its observation.

The Committee also requests the Government to provide in its next report information on the practical effect given to the above provisions and to indicate whether, in the various categories of jobs established by the Ministry of Labour which appear in the documents transmitted with the report ("Qualificador de ocupaóôes comuns de opérários y empregados" and "Qualificador de ocupaóôes comuns de tecnicos"), there are categories of jobs performed exclusively or principally by women and, if this is the case, to specify the wage rates applicable to them amongst the rates laid down in Decree No. 5/87, as modified by Ministerial Orders Nos. 22/87 and 72/87.

The Committee also requests the Government to provide details of the way in which effect is given to the principle of equal remuneration for work of equal value in the meaning of the Convention, particularly in cases where men and women in practice perform work of equal value although under differing contractual conditions. (Section 75, paragraph 2, of the 1985 General Labour Act refers, in this case, to "identical" contractual conditions.)

2. The Committee notes that by virtue of section 88 of the General Labour Act, employees appointed to managerial positions or confidential posts shall draw salaries corresponding to those posts. The Committee requests the Government to indicate whether women are appointed to such jobs and, if so, how effect is given in their case to the principle of equal remuneration set forth in the Convention, particularly with regard to the additional payments and bonuses provided for in sections 83 and 84 of the above Act.

3. The Committee notes that in accordance with section 1, paragraph 5, of the General Labour Act, the employment relations of public servants are governed by special rules; it therefore requests the Government to supply a copy of these rules with its next report and of any other documents which make it possible to assess the way in which effect is also given to the principle of equal remuneration for men and women in the public administration.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

The Committee notes the detailed information supplied by the Government in reply to its previous comments and notes with satisfaction that section 75 of the new General Labour Act (Act No. 8 of 1985) lays down the principle of equal remuneration for work of "equal value" and forbids any discrimination whatsoever. The Committee also notes with interest the adoption of Decree No. 5/87 of 30 January 1987, issued under the General Labour Act, regulating the wage system and providing for the establishment of a classification of jobs according to uniform and objective criteria intended, inter alia, to ensure "that work of equal value is rewarded by equal wages". The Committee notes with interest that for the application of the above provisions the Ministry of Labour has undertaken an objective appraisal of the various jobs on the basis of the work to be performed and has established the qualifications required in order to perform them. This appraisal covers manual workers, employees and technical staff in the enterprises covered by the General Labour Act (employer establishments that are public, mixed or private, and social organisations). The Committee also requests the Government to refer to the request being addressed directly to it.