Equal Remuneration Convention, 1951 (No. 100) - Tunisia (Ratification: 1968)

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

Article 2 of the Convention. Gender wage gap and occupational segregation. In its previous comments, the Committee requested the Government to provide updated statistics on the distribution of men and women in the various economic sectors, occupations and jobs and the corresponding remuneration levels in order to be able to assess the application of the Convention in practice. The Committee notes the Government’s reference to framework collective agreements in the agricultural and non-agricultural sectors which enshrine the principle of gender equality in all areas of work. The statistics provided by the Government in its previous report, show the progression of the number of women in jobs by sector of activity from 1999 to 2016, and reveal a perceptible evolution, especially in the social and cultural services (from 41 per cent to 53.8 per cent), and in the agriculture and food industries (from 13.2 per cent to 28.2 per cent). In this regard, the Committee wishes to stress that to determine the nature, extent and causes of the pay gap, the relevant data and statistics are indispensable in order to define priorities and design appropriate measures, to monitor and evaluate the effectiveness of the measures taken and make any adjustments which may become necessary (see General Survey on the fundamental Conventions, 2012, paragraphs 887–891). In the absence of statistical data on the distribution of men and women in the various economic sectors, occupations and jobs, and the corresponding remuneration levels, the Committee requests the Government to indicate the measures taken or envisaged to collect and analyse these data in order to identify remuneration gaps between men and women and take the necessary measures to eliminate them, thus allowing it to evaluate the application of the Convention in practice, and its development over time.

Rural areas. The Committee recalls that it requested the Government to provide updated information on the distribution of men and women among the different categories of workers in the agricultural sector, specifying the amount of their respective average salaries. In the absence of information on this point, the Committee again requests the Government to provide information on the measures taken or envisaged to promote women’s paid employment and reduce the wage gaps between men and women in rural areas.

Collective agreements. The Committee notes the Government’s reference to the sectoral collective agreement related to hosiery and garments. The Committee again reminds the Government that the principle enshrined in the Convention is not restricted to guaranteeing equality between men and women with regard to remuneration in general, but rather to guaranteeing more specifically that equal remuneration is paid to men and women workers who carry out work of equal “value”. The Committee urges the Government to indicate the measures taken or envisaged to promote and ensure, in collaboration with the social partners, the application of the principle of the Convention in practice, including through collective agreements.

Article 3. Objective job evaluation. The Committee again requests the Government to provide information on measures taken or envisaged to promote, in collaboration with the employers’ and workers’ organizations, the use of objective job evaluation methods in the private and public sectors, with a view to guaranteeing that the principle of equal pay for men and women for work of equal value is given effect in all wage scales. The Committee requests the Government to indicate which criteria are used and applied to determine remuneration in the public and private sectors to ensure that they are free from gender bias and do not lead in practice to an undervaluation of jobs performed mainly by women. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Enforcement. With regard to the Government’s indication that the labour inspectors have received no complaints related to gender discrimination in respect of wages, occupational classification or promotion, the Committee refers the Government to its comment in this connection under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Moreover, the Committee recognizes the particular difficulties encountered by the labour inspectors in identifying cases of wage discrimination or in determining whether equal remuneration is paid for work of equal value, especially when men and women are not undertaking the same work. It is for this reason that it stresses the need to train labour inspectors so that they are better equipped to prevent, detect and remedy such cases. The Committee requests the Government to provide information on: (i) specific training programmes designed to strengthen the capacity of labour inspectors to deal with cases of wage discrimination; and (ii) the number and nature of cases of gender-based wage discrimination for work of equal value that have come before the labour inspectorate and the courts, and their results.

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

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee asked the Government to take measures to fully integrate the principle of the Convention in its national legislation, particularly within the context of legislative reforms following the adoption of the new Constitution. The Committee notes the Government’s reference in its report to a series of sectoral collective agreements, in particular in the agriculture and fisheries sectors, which mention equal remuneration between men and women. The Committee again draws the attention of the Government to the fact that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women. The concept of “work of equal value” permits a broad scope of comparison, including, but going 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 term “value” indicates that something other than market forces should be used to ensure the application of the principle, as market forces may be inherently gender-biased (see 2012 General Survey on the fundamental Conventions, paragraphs 673–674). Recalling that it considers that the full and complete recognition in law of the principle of equal remuneration for men and women for work of equal value is of utmost importance to ensure the effective application of the Convention, the Committee again urges the Government to: (i) take without delay the measures necessary to fully integrate the principle of the Convention in its national legislation, in collaboration with the employers’ and workers’ organizations; (ii) ensure that the new legal provisions cover not only equal remuneration for men and women for “equal” work or work “performed in the same conditions”, but also for work of an entirely different nature which is nevertheless of equal value within the meaning of the Convention; and (iii) provide information on all progress in this regard.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 2 of the Convention. Gender wage gap and occupational segregation. The Committee recalls that, for several years, it has been requesting the Government to provide updated statistics on the distribution of men and women in the various economic sectors, occupations and jobs and the corresponding remuneration levels in order to be able to assess the application of the Convention in practice. The Committee notes with regret that, once again, the Government has not provided any information on this matter. It nevertheless notes that the last micro-enterprise survey conducted by the National Statistics Institute (INS) in 2012 highlighted that, in the informal private sector, women’s remuneration has always been less than the guaranteed minimum inter professional wage (SMIG), with an average monthly gap estimated at 35.5 per cent between men and women in 2012, as compared with 24.5 per cent in 1997. With regard to the formal private sector, the Committee notes that the survey on salary structures in Tunisia of 2011–12 conducted by the Centre for Research and Social Studies also showed that women’s salaries are less than men’s, with an average monthly gap of 25.4 per cent. The Committee also notes that, according to the results of the last survey on employment and salaries in enterprises, conducted in 2012 by the NSI and published in June 2015, women are employed mainly in the manufacturing industry, teaching, and human health and social work branches, which are among the lowest paid (the average salary being respectively 469, 484 and 553 Tunisian dinars (TND)), while they represent a minority in the sectors with the highest average salaries, such as transport and warehousing (14 per cent of women on an average monthly salary of TND690), information and communication (45.7 per cent of women on an average monthly salary of TND929) and insurance and financial activities (39 per cent of women on an average monthly salary of TND1,305). In addition, women are under-represented in positions of responsibility, representing only 30.8 per cent of managers. The Committee encourages the Government to take the necessary measures without delay for the collection and analysis of updated statistics on the distribution of men and women in various economic activity sectors and occupational categories, as well as on the amount of their respective average salaries, in the public and private sectors, in order to identify remuneration gaps between men and women and take the necessary measures to eliminate them. The Committee requests the Government to provide any available updated information in this respect and to provide copies of relevant reports on the matter, published in particular by the NSI or the Centre for Research and Social Studies.

Application of the principle in rural areas. The Committee notes the Government’s indication in its report that research into the situation of women in rural areas and their access to public services, particularly with regard to employment, is currently being conducted in order to more effectively target their needs and, in turn, provide necessary recommendations for the development of targeted action plans and a strategy for the promotion of rural women. The Committee notes that the first phase of the research carried out in December 2013 in 11 governorates highlighted that, in 2012, 35 per cent of women lived in rural areas and that 57.9 per cent of women employed in the agricultural sector are “family helpers” who work for free in the family enterprise or undertaking, and that this productive but unpaid work is not always perceived as a job (State Secretariat for the Family, report on the situation of women in rural Tunisia and their access to public services in 11 governorates in Tunisia, December 2013, pages 7, 9 and 10). The survey also identified that women living in rural areas face various obstacles to access to employment owing to their family responsibilities, a prohibition by the woman’s family, lack of training and transport problems, as well as difficulties accessing credit, which prevents them from becoming economically independent (only 26 per cent of them obtained microcredit in 2012). The Committee requests the Government to provide updated information on the distribution of men and women among the different categories of workers in the agricultural sector, specifying the amount of their respective average salaries. The Committee requests the Government to continue to provide information on measures taken or envisaged to promote women’s paid employment and reduce the wage gaps between men and women in rural areas, specifying the action plans and promotion strategies implemented, particularly further to the research initiated by the Government in 2013. It requests the Government to provide extracts from any new reports on the application of the principle of the Convention in rural areas, particularly concerning the 13 governorates which were not included in the first phase of research.

Collective agreements. The Committee previously noted the Government’s indication that the principle of the Convention is anchored in collective agreements and asked the Government to provide extracts from relevant collective agreements in that regard. The Committee notes the Government’s statement that the framework collective agreement of 1972, as well as the 54 sectoral collective agreements in force, expressly enshrine the principle of equality between men and women in all areas of work, including remuneration. The Committee notes the Government’s reference, by way of example, to three sectoral collective agreements (hosiery and dressmaking, building and construction, and the textile industry) but no extracts from these collective agreements have been provided. While once again reminding the Government that the principle enshrined in the Convention is not restricted to guaranteeing equality between men and women with regard to remuneration in general, but rather to guaranteeing more specifically that equal remuneration is paid to men and women workers who carry out work of equal value, the Committee requests the Government to provide extracts from collective agreements reflecting the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that it takes into account certain objective criteria, such as the level of education, certificates and work experience, to determine the occupational classification of the worker during recruitment. The Government adds that the wage scales annexed to the sectoral collective agreements and to the particular staff regulations for public enterprises fix wages in accordance with the category of workers and their length of service in that grade, without any reference to the workers’ sex or other discriminatory criteria. The Committee draws the Government’s attention to the fact that while it is important in itself to guarantee that the wage rates and categories are applied to men and women without discrimination, this is not sufficient to promote and ensure the full and complete application of the principle of equal pay for work of equal value since labour market segregation between men and women relating to the choice of employment leads to an undervaluation of jobs carried out predominantly by women. To eliminate pay inequalities resulting from this occupational segregation, it is necessary to compare jobs performed mainly by women with those performed mainly by men, based on objective criteria, free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraphs 695–703). The Committee requests the Government to provide information on measures taken or envisaged to promote, in collaboration with the employers’ and workers’ organizations, the use of objective job evaluation methods in the private and public sectors, with a view to guaranteeing that the principle of equal pay between men and women for work of equal value is given effect in all wage scales. The Committee requests the Government to indicate which criteria are used and applied to determine remuneration in the public and private sectors to ensure that they are free from gender bias and do not lead in practice to an undervaluation of jobs performed mainly by women. In this regard the Committee reminds the Government that it may avail itself of technical assistance from the Office.

Monitoring of the application. The Committee notes the Government’s indication that, in the framework of the regional cooperation programme “The Way Forward after the Revolution: Decent Work for Women in Egypt and Tunisia”, implemented in collaboration with the International Labour Office, a training course on equal economic and social rights between men and women is planned for labour inspectors to enable them to perform their duties in a more targeted way. The Committee requests the Government to provide information on awareness-raising and training activities carried out relating to issues of equal pay to build the capacities of the competent authorities, particularly labour inspectors and judges. It also requests the Government to provide information on the number and nature of complaints examined by the labour inspectorate and on all administrative and judicial decisions issued in cases of unequal remuneration for work of equal value.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous comments initially made in 2016. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that section 5bis of the Labour Code establishes, in general, the principle of equality between men and women and that the Government had indicated that the general regulations of the public service and the general regulations pertaining to employees in public enterprises also recognized this principle. It reminded the Government that although these provisions are important in the context of equal remuneration, they are not sufficient to give full effect to the principle of the Convention. The Committee notes that the Government’s report once again refers to the abovementioned provisions of national legislation. It also notes that article 40 of the new Constitution, adopted on 26 January 2014, stipulates that “all citizens have the right to work in favourable conditions and with a fair living wage”. The Committee draws the Government’s attention to the fact that if the right to a fair living wage or the general prohibition on sex-based wage discrimination constitute important prerequisites for the application of the principle of the Convention, they are not sufficient as they do not capture the concept of “work of equal value” (see 2012 General Survey on the fundamental Conventions, paragraph 676). Recalling that it considers that the full and complete recognition in law of the principle of equal remuneration between men and women for work of equal value is of utmost importance to ensure the effective application of the Convention, the Committee trusts that the Government will take measures to fully integrate the principle of the Convention in its national legislation, in collaboration with the employers’ and workers’ organizations, particularly within the context of legislative reforms following the adoption of the new Constitution. The Committee requests the Government to ensure that the new legal provisions cover not only equal remuneration between men and women for work of equal value or performed in the same conditions, but also for work of an entirely different nature which is nevertheless of equal value within the meaning of the Convention. It requests the Government to provide information on any progress made in this regard, as well as on the manner in which the application of the principle of the Convention is ensured in practice. It also requests the Government to provide copies of any administrative or judicial decisions issued on the matter.

The Committee is raising other matters 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 2016, published 106th ILC session (2017)

Article 2 of the Convention. Gender wage gap and occupational segregation. The Committee recalls that, for several years, it has been requesting the Government to provide updated statistics on the distribution of men and women in the various economic sectors, occupations and jobs and the corresponding remuneration levels in order to be able to assess the application of the Convention in practice. The Committee notes with regret that, once again, the Government has not provided any information on this matter. It nevertheless notes that the last micro-enterprise survey conducted by the National Statistics Institute (INS) in 2012 highlighted that, in the informal private sector, women’s remuneration has always been less than the guaranteed minimum inter professional wage (SMIG), with an average monthly gap estimated at 35.5 per cent between men and women in 2012, as compared with 24.5 per cent in 1997. With regard to the formal private sector, the Committee notes that the survey on salary structures in Tunisia of 2011–12 conducted by the Centre for Research and Social Studies also showed that women’s salaries are less than men’s, with an average monthly gap of 25.4 per cent. The Committee also notes that, according to the results of the last survey on employment and salaries in enterprises, conducted in 2012 by the NSI and published in June 2015, women are employed mainly in the manufacturing industry, teaching, and human health and social work branches, which are among the lowest paid (the average salary being respectively 469, 484 and 553 Tunisian dinars (TND)), while they represent a minority in the sectors with the highest average salaries, such as transport and warehousing (14 per cent of women on an average monthly salary of TND690), information and communication (45.7 per cent of women on an average monthly salary of TND929) and insurance and financial activities (39 per cent of women on an average monthly salary of TND1,305). In addition, women are under-represented in positions of responsibility, representing only 30.8 per cent of managers. The Committee encourages the Government to take the necessary measures without delay for the collection and analysis of updated statistics on the distribution of men and women in various economic activity sectors and occupational categories, as well as on the amount of their respective average salaries, in the public and private sectors, in order to identify remuneration gaps between men and women and take the necessary measures to eliminate them. The Committee requests the Government to provide any available updated information in this respect and to provide copies of relevant reports on the matter, published in particular by the NSI or the Centre for Research and Social Studies.

Application of the principle in rural areas. The Committee notes the Government’s indication in its report that research into the situation of women in rural areas and their access to public services, particularly with regard to employment, is currently being conducted in order to more effectively target their needs and, in turn, provide necessary recommendations for the development of targeted action plans and a strategy for the promotion of rural women. The Committee notes that the first phase of the research carried out in December 2013 in 11 governorates highlighted that, in 2012, 35 per cent of women lived in rural areas and that 57.9 per cent of women employed in the agricultural sector are “family helpers” who work for free in the family enterprise or undertaking, and that this productive but unpaid work is not always perceived as a job (State Secretariat for the Family, report on the situation of women in rural Tunisia and their access to public services in 11 governorates in Tunisia, December 2013, pages 7, 9 and 10). The survey also identified that women living in rural areas face various obstacles to access to employment owing to their family responsibilities, a prohibition by the woman’s family, lack of training and transport problems, as well as difficulties accessing credit, which prevents them from becoming economically independent (only 26 per cent of them obtained microcredit in 2012). The Committee requests the Government to provide updated information on the distribution of men and women among the different categories of workers in the agricultural sector, specifying the amount of their respective average salaries. The Committee requests the Government to continue to provide information on measures taken or envisaged to promote women’s paid employment and reduce the wage gaps between men and women in rural areas, specifying the action plans and promotion strategies implemented, particularly further to the research initiated by the Government in 2013. It requests the Government to provide extracts from any new reports on the application of the principle of the Convention in rural areas, particularly concerning the 13 governorates which were not included in the first phase of research.

Collective agreements. The Committee previously noted the Government’s indication that the principle of the Convention is anchored in collective agreements and asked the Government to provide extracts from relevant collective agreements in that regard. The Committee notes the Government’s statement that the framework collective agreement of 1972, as well as the 54 sectoral collective agreements in force, expressly enshrine the principle of equality between men and women in all areas of work, including remuneration. The Committee notes the Government’s reference, by way of example, to three sectoral collective agreements (hosiery and dressmaking, building and construction, and the textile industry) but no extracts from these collective agreements have been provided. While once again reminding the Government that the principle enshrined in the Convention is not restricted to guaranteeing equality between men and women with regard to remuneration in general, but rather to guaranteeing more specifically that equal remuneration is paid to men and women workers who carry out work of equal value, the Committee requests the Government to provide extracts from collective agreements reflecting the principle of the Convention.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that it takes into account certain objective criteria, such as the level of education, certificates and work experience, to determine the occupational classification of the worker during recruitment. The Government adds that the wage scales annexed to the sectoral collective agreements and to the particular staff regulations for public enterprises fix wages in accordance with the category of workers and their length of service in that grade, without any reference to the workers’ sex or other discriminatory criteria. The Committee draws the Government’s attention to the fact that while it is important in itself to guarantee that the wage rates and categories are applied to men and women without discrimination, this is not sufficient to promote and ensure the full and complete application of the principle of equal pay for work of equal value since labour market segregation between men and women relating to the choice of employment leads to an undervaluation of jobs carried out predominantly by women. To eliminate pay inequalities resulting from this occupational segregation, it is necessary to compare jobs performed mainly by women with those performed mainly by men, based on objective criteria, free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraphs 695–703). The Committee requests the Government to provide information on measures taken or envisaged to promote, in collaboration with the employers’ and workers’ organizations, the use of objective job evaluation methods in the private and public sectors, with a view to guaranteeing that the principle of equal pay between men and women for work of equal value is given effect in all wage scales. The Committee requests the Government to indicate which criteria are used and applied to determine remuneration in the public and private sectors to ensure that they are free from gender bias and do not lead in practice to an undervaluation of jobs performed mainly by women. In this regard the Committee reminds the Government that it may avail itself of technical assistance from the Office.

Monitoring of the application. The Committee notes the Government’s indication that, in the framework of the regional cooperation programme “The Way Forward after the Revolution: Decent Work for Women in Egypt and Tunisia”, implemented in collaboration with the International Labour Office, a training course on equal economic and social rights between men and women is planned for labour inspectors to enable them to perform their duties in a more targeted way. The Committee requests the Government to provide information on awareness-raising and training activities carried out relating to issues of equal pay to build the capacities of the competent authorities, particularly labour inspectors and judges. It also requests the Government to provide information on the number and nature of complaints examined by the labour inspectorate and on all administrative and judicial decisions issued in cases of unequal remuneration for work of equal value.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee noted that section 5bis of the Labour Code establishes, in general, the principle of equality between men and women and that the Government had indicated that the general regulations of the public service and the general regulations pertaining to employees in public enterprises also recognized this principle. It reminded the Government that although these provisions are important in the context of equal remuneration, they are not sufficient to give full effect to the principle of the Convention. The Committee notes that the Government’s report once again refers to the abovementioned provisions of national legislation. It also notes that article 40 of the new Constitution, adopted on 26 January 2014, stipulates that “all citizens have the right to work in favourable conditions and with a fair living wage”. The Committee draws the Government’s attention to the fact that if the right to a fair living wage or the general prohibition on sex-based wage discrimination constitute important prerequisites for the application of the principle of the Convention, they are not sufficient as they do not capture the concept of “work of equal value” (see 2012 General Survey on the fundamental Conventions, paragraph 676). Recalling that it considers that the full and complete recognition in law of the principle of equal remuneration between men and women for work of equal value is of utmost importance to ensure the effective application of the Convention, the Committee trusts that the Government will take measures to fully integrate the principle of the Convention in its national legislation, in collaboration with the employers’ and workers’ organizations, particularly within the context of legislative reforms following the adoption of the new Constitution. The Committee requests the Government to ensure that the new legal provisions cover not only equal remuneration between men and women for work of equal value or performed in the same conditions, but also for work of an entirely different nature which is nevertheless of equal value within the meaning of the Convention. It requests the Government to provide information on any progress made in this regard, as well as on the manner in which the application of the principle of the Convention is ensured in practice. It also requests the Government to provide copies of any administrative or judicial decisions issued on the matter.

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the adoption, on 26 January 2014, of the new Constitution which entrenches the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Constitution also provides that the State undertakes to protect, support and improve women’s rights, guarantees equal opportunity between men and women when taking on different responsibilities in all areas and takes the necessary measures in order to eliminate violence against women (article 46).

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 comments.

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 5bis of the Labour Code (added by Act No. 993-66 of 5 July 1993) stipulates that there should be no discrimination between men and women in the application of the Labour Code and texts used for its application. Furthermore, in a previous report, the Government stated that the general regulations of the public service and the general regulations pertaining to public enterprises recognize the principle of equality between men and women. The Committee would like to recall that, although legal provisions providing for equality between men and women are important in the context of equal remuneration, they may not be sufficient to ensure that equal remuneration is paid to men and women carrying out work of equal value. In order to give full effect to the Convention, it is important to provide for equal remuneration between men and women not only for equal, the same or similar work, but also for work of a different nature which is nevertheless of equal value. As it has recalled in its previous comments, the concept of “work of equal value” is particularly important in a context when women and men are segregated in the labour market, as statistics provided by the Government show (concentration of women in certain sectors). The Committee hopes that, within the context of legislative reforms that will probably occur alongside the adoption of the new constitution, the Government will take account of the preceding factors and adopt the necessary measures to ensure that the principle of equal remuneration between men and women for work of equal value is fully reflected in the Labour Code, the general regulations of the public service and the general regulations pertaining to employees in public enterprises, and asks the Government to provide information on the measures taken in this respect.

Application of the principle by means of collective agreements. Noting that the Government indicates that the principle of equal remuneration for work of equal value is anchored in collective agreements, the Committee asks the Government to send extracts from collective agreements reflecting the principle of the Convention, and indicating the proportion of workers covered.

Practical application in the public and private sectors. The Committee notes the statistics provided by the Government on trends in the active population according to occupation. It nevertheless states that no information has been provided on the corresponding remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women refers to a wage gap between men and women of 22 per cent and notes with concern that “wage agreements do not reflect the principle of equal remuneration for women and men for work of equal value” (CEDAW/C/TUN/CO/6, 5 November 2010, paragraph 42). In order to be able to evaluate the application of the Convention in practice, the Committee asks the Government to provide information on the following points:

• (i) updated statistical data, disaggregated by sex, on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;
• (ii) the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective job evaluation; and
• (iii) the manner in which the Government is cooperating with the social partners with a view to giving full effect to the provisions of the Convention.

Equal remuneration in the agricultural sector. In the absence of any information in the Government’s report, the Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Monitoring of the application. The Committee notes that, according to the Government, the labour inspectors have not reported any cases of wage discrimination or received any complaints on the subject. The Committee recalls that the fact that there have been no cases or complaints does not mean that there is no discrimination with respect to remuneration between women and men, but rather implies the lack of an appropriate legislative framework, workers’ lack of knowledge of their rights, difficulties of access to procedures or fear of reprisals. The Committee therefore asks the Government to take the necessary measures to ensure a better understanding of the principle of equal remuneration for men and women for work of equal value and a better knowledge of procedures in the event of infringements, especially by means of training, seminars and awareness-raising campaigns carried out among workers, employers and their organizations, lawyers, labour inspectors and magistrates. The Committee also asks the Government to continue providing information on infringements reported by the labour inspectors, the penalties imposed and remedies provided, as well as on any court ruling relating to the application of the principle of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 5bis of the Labour Code (added by Act No. 993-66 of 5 July 1993) stipulates that there should be no discrimination between men and women in the application of the Labour Code and texts used for its application. Furthermore, in a previous report, the Government stated that the general regulations of the public service and the general regulations pertaining to public enterprises recognize the principle of equality between men and women. The Committee would like to recall that, although legal provisions providing for equality between men and women are important in the context of equal remuneration, they may not be sufficient to ensure that equal remuneration is paid to men and women carrying out work of equal value. In order to give full effect to the Convention, it is important to provide for equal remuneration between men and women not only for equal, the same or similar work, but also for work of a different nature which is nevertheless of equal value. As it has recalled in its previous comments, the concept of “work of equal value” is particularly important in a context when women and men are segregated in the labour market, as statistics provided by the Government show (concentration of women in certain sectors). The Committee hopes that, within the context of legislative reforms that will probably occur alongside the adoption of the new constitution, the Government will take account of the preceding factors and adopt the necessary measures to ensure that the principle of equal remuneration between men and women for work of equal value is fully reflected in the Labour Code, the general regulations of the public service and the general regulations pertaining to employees in public enterprises, and asks the Government to provide information on the measures taken in this respect.

Application of the principle by means of collective agreements. Noting that the Government indicates that the principle of equal remuneration for work of equal value is anchored in collective agreements, the Committee asks the Government to send extracts from collective agreements reflecting the principle of the Convention, and indicating the proportion of workers covered.

Practical application in the public and private sectors. The Committee notes the statistics provided by the Government on trends in the active population according to occupation. It nevertheless states that no information has been provided on the corresponding remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women refers to a wage gap between men and women of 22 per cent and notes with concern that “wage agreements do not reflect the principle of equal remuneration for women and men for work of equal value” (CEDAW/C/TUN/CO/6, 5 November 2010, paragraph 42). In order to be able to evaluate the application of the Convention in practice, the Committee asks the Government to provide information on the following points:

• (i) updated statistical data, disaggregated by sex, on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;
• (ii) the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective job evaluation; and
• (iii) the manner in which the Government is cooperating with the social partners with a view to giving full effect to the provisions of the Convention.

Equal remuneration in the agricultural sector. In the absence of any information in the Government’s report, the Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Monitoring of the application. The Committee notes that, according to the Government, the labour inspectors have not reported any cases of wage discrimination or received any complaints on the subject. The Committee recalls that the fact that there have been no cases or complaints does not mean that there is no discrimination with respect to remuneration between women and men, but rather implies the lack of an appropriate legislative framework, workers’ lack of knowledge of their rights, difficulties of access to procedures or fear of reprisals. The Committee therefore asks the Government to take the necessary measures to ensure a better understanding of the principle of equal remuneration for men and women for work of equal value and a better knowledge of procedures in the event of infringements, especially by means of training, seminars and awareness-raising campaigns carried out among workers, employers and their organizations, lawyers, labour inspectors and magistrates. The Committee also asks the Government to continue providing information on infringements reported by the labour inspectors, the penalties imposed and remedies provided, as well as on any court ruling relating to the application of the principle of the Convention.

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

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:

Articles 1 and 2 of the Convention. Application in practice in the public and private sectors. The Committee notes the Government’s indication that the wage scale in the public sector and the respective provisions of the collective agreements in the private sector apply equally to men and women. However, the Committee considers that this is not sufficient to ensure that full effect is given to the Convention. Drawing the Government’s attention to its general observation of 2006, the Committee wishes to emphasize once again 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, but which is nevertheless of equal value. This broad scope of “equal value” is all the more important in that inequality of wages is often the consequence of occupational sex segregation, resulting in the concentration of women in a limited range of occupations. The statistical data provided by the Government in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), do indeed demonstrate a concentration of women in certain sectors, such as the service sector, and their low rate of representation in positions of responsibility. In this respect, the Committee emphasizes the importance of comparing the value of the different types of work on the basis of criteria that are objective and non-discriminatory, such as the skills required, effort, responsibility and conditions of work, so as to determine the respective remuneration rates in accordance with the principle of the Convention. With regard to the issue of occupational segregation, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to do the following:

(i)    to supply updated statistical data, disaggregated by sex on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;

(ii)   to provide information on the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective appraisal of jobs; and

(iii)  to indicate specifically the manner in which it is collaborating with the social partners, including in the context of the National Social Dialogue Commission, with a view to giving full effect to the provisions of the Convention, and promoting compliance in collective agreements with the principle of equal remuneration for men and women for work of equal value. The Committee would be grateful if the Government would provide copies of collective agreements applying the principle of the Convention.

Equal remuneration in the agricultural sector. The Committee recalls its previous comments concerning cases of unequal wages recorded by the labour inspectorate in the agricultural sector in 2004 and 2005. It notes the Government’s indication that the regulations determining the minimum wage do not make a distinction between men and women. The Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Parts III to V of the report form. The Committee asks the Government to provide information on violations of the principle set out in the Convention identified by labour inspectors, the penalties imposed and the remedies applied. Please also provide information on any court decisions relating to the application of the principle of the Convention and on any measures taken or envisaged to promote knowledge and understanding of the principle of equal remuneration for work of equal value.

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

Articles 1 and 2 of the Convention. Application in practice in the public and private sectors. The Committee notes the Government’s indication that the wage scale in the public sector and the respective provisions of the collective agreements in the private sector apply equally to men and women. However, the Committee considers that this is not sufficient to ensure that full effect is given to the Convention. Drawing the Government’s attention to its general observation of 2006, the Committee wishes to emphasize once again 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, but which is nevertheless of equal value. This broad scope of “equal value” is all the more important in that inequality of wages is often the consequence of occupational sex segregation, resulting in the concentration of women in a limited range of occupations. The statistical data provided by the Government in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), do indeed demonstrate a concentration of women in certain sectors, such as the service sector, and their low rate of representation in positions of responsibility. In this respect, the Committee emphasizes the importance of comparing the value of the different types of work on the basis of criteria that are objective and non-discriminatory, such as the skills required, effort, responsibility and conditions of work, so as to determine the respective remuneration rates in accordance with the principle of the Convention. With regard to the issue of occupational segregation, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to do the following:

(i)    to supply updated statistical data, disaggregated by sex on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;

(ii)   to provide information on the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective appraisal of jobs; and

(iii) to indicate specifically the manner in which it is collaborating with the social partners, including in the context of the National Social Dialogue Commission, with a view to giving full effect to the provisions of the Convention, and promoting compliance in collective agreements with the principle of equal remuneration for men and women for work of equal value. The Committee would be grateful if the Government would provide copies of collective agreements applying the principle of the Convention.

Equal remuneration in the agricultural sector. The Committee recalls its previous comments concerning cases of unequal wages recorded by the labour inspectorate in the agricultural sector in 2004 and 2005. It notes the Government’s indication that the regulations determining the minimum wage do not make a distinction between men and women. The Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Parts III to V of the report form. The Committee asks the Government to provide information on violations of the principle set out in the Convention identified by labour inspectors, the penalties imposed and the remedies applied. Please also provide information on any court decisions relating to the application of the principle of the Convention and on any measures taken or envisaged to promote knowledge and understanding of the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report as well as the information provided on the Employment Policy Convention, 1964 (No. 122), received in September 2006, that is relevant to the application of Convention No. 100.

1. Articles 1 and 2 of the Convention. Practical application in the public sector. The Committee welcomes the detailed statistics provided in the Government’s report on women in positions of responsibility in a variety of areas of the public sector including the executive and legislative branches of government, regional and local councils, the judiciary and the civil service. Overall, the Government indicates that the number of women in positions of responsibility increased modestly from 23.6 per cent in 1994 to 26.6 per cent in 2004. The Committee notes from the Government’s report that a plan of action was put in place to encourage and improve the representation of women in positions of responsibility as well as to counter stereotypical attitudes towards women through its information, education and communication strategy. With regard to equal remuneration in the public sector, the Government indicates that existing wage scales are applicable to all public employees without any distinction on the basis of sex. Recalling its previous comment on this matter, the Committee reminds the Government that the gap between men and women’s wages is not solely a result of paying men and women differently for the same work. Pay inequality may also be the result of occupational segregation where women are concentrated in jobs that tend to pay less than those traditionally occupied by men. Consequently, promoting the participation of women to levels and in areas of employment to which they had little access in practice in the past is a means of improving equality of pay between men and women. The Committee asks the Government to provide detailed information on the measures undertaken in the context of the Government’s plan of action and to indicate what impact these initiatives have had not only on the promotion of women to higher posts but also on the reduction of wage inequalities between men and women throughout the public sector. Please also continue providing information in subsequent reports on the number of women in positions of responsibility in the public sector.

2. Practical application in the private sector. The Government indicates that the principle of equality between men and women with respect to wages is enshrined in law and that the salary scales annexed to the 51 existing collective sectoral agreements define wages according to objective criteria without regard to sex. It notes that the base wages are revised every three years and that the current three-year round of salary increases extends until 2007. The Committee reminds the Government that legal protection from discrimination, while important, is not alone sufficient to promote and ensure the application of the principle of equal remuneration. Promotional action by the authorities, called for in the Convention, where this appears necessary for improving the practical application of a matter of public policy, such as equal remuneration, may need to be considered in the context of collective bargaining. The Committee asks for information on how the Government ensures in practice that collective agreements, both in their content and application, respect the principle of equal remuneration. In this respect, the Committee requests information on how the three-year wage revision process takes into account wage differentials between men and women working in different sectors of the economy. Please also indicate how the Government cooperates with the social partners to give effect to the principle of the Convention by, for example, informing workers and employers of the legal requirements for the application of the principle of equal remuneration. Furthermore, noting from the Government’s report on the Employment Policy Convention, 1964 (No. 122), the continued progress with respect to education, literacy and entrepreneurial programmes for women and girls, the Committee requests information on the impact of these and any other measures taken or envisaged to reduce wage inequalities between men and women.

3. Equal remuneration in the agricultural sector. The Committee notes the dramatic increase in the number of unequal pay cases registered by the labour inspectorate in the agricultural sector in 2004 and 2005 (530 and 274, respectively, compared with seven cases in both 2002 and 2003). It notes that the employers responsible for the infractions were put on notice to remedy their offending practices and that 18 cases were submitted to the competent authorities in 2004 with an additional 27 submitted in 2005. The Committee thanks the Government for this detailed information and asks it to continue reporting on the equal pay activities of the labour inspectorate, in the agricultural sector and elsewhere, as well as on the number of reported cases and the remedies applied. It also asks the Government for information on the distribution and wages of men and women among the ordinary, specialized and qualified workers in the agricultural sector and what additional measures it is taking in this sector to reduce wage inequalities between male and female workers.

4. Part V of the report form. Statistical information. The Committee notes that, despite continued requests, the Government’s report does not contain any statistical information on the distribution of men and women in the various economic activities and occupations or their corresponding wage levels in both the rural and urban areas. With a view to assessing and understanding the wage gap between men and women, the Committee again asks the Government to provide statistical data in its next report in accordance with its 1998 general observation.

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

The Committee notes the information provided in the Government’s report on this Convention as well as the information provided on Convention No. 111 relevant to the application of Convention No. 100.

1. Articles 1 and 2 of the Convention. Practical application in the public service. Concerning the promotion of women’s access to a wider range of occupations and higher-level posts in the public sector with a view to reducing wage inequalities between men and women, the Committee notes the measures taken by the Government in 1992 and 1998 to nominate a number of women in ministerial cabinets and regional councils. It also notes that the number of women graduating from vocational training with a view to entering the public service is slowly increasing (33 per cent in 2001 and 35 per cent in 2003), but that the large majority of female graduates are still concentrated in areas such as public health (70 per cent) and education (35 per cent). The Committee welcomes the Government’s efforts to improve women’s access into higher-level posts, but would like to receive information on more recent measures taken in this regard as well as their impact on reducing wage inequalities between men and women.

2. Practical application in private sector and statistics. The Committee welcomes the various measures taken by the Government, including the progress made, to improve access of women to vocational training, education and employment in the private sector. In its previous request the Committee had pointed to the need for more up-to-date statistics on the distribution of men and women in the various economic activities and occupations and their corresponding wage levels in both the rural and urban areas. The Committee notes that the Government has omitted this information in its report. With a view to evaluating the progress achieved with regard to the impact of the abovementioned measures on the wage gap between men and women, the Committee asks the Government to provide such information in its next report in accordance with its 1998 general observation. Please also continue to provide information on any measures taken to reduce wage inequalities between men and women in the private sector.

3. Promotion of the principle of the Convention. The Committee reiterates its request to provide information on any activities taken by the National Council of Women and Family to promote the principle of equal remuneration for men and women for work of equal value in both the private and public sectors.

4. Articles 2 and 3. Wage determination and job evaluation in the private sector. With reference to its previous request on the application of Decree No. 2003-1692 of 18 August 2003 setting minimum wages for the agricultural sector, the Committee notes that the Government does not reply to its previous request for information on the distribution of men and women amongst the ordinary, specialized and qualified workers in the agricultural sector. The Government is asked to provide this information in its next report. Please also provide the requested information on the criteria used in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed.

5. Part III of the report form. Enforcement. With reference to its previous comments on the activities by the labour inspectorate in agricultural enterprises, the Committee notes that the inspection services have detected seven cases of wage discrimination between men and women in 2002 and the same number in 2003. Of those, a few have been transmitted to the competent courts. It asks the Government to continue to provide information on any violations of the Convention detected by the labour inspectorate, including the remedies applied, and to indicate the measures taken or envisaged to reduce wage inequalities between men and women in the agricultural sector. Please also supply information on any complaints filed with judicial bodies concerning unequal pay between men and women.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and the attached information.

1. With regard to its previous direct request concerning the distribution of men and women employees in the public service, the Committee notes that women only represent 29 per cent of the employees in the higher wage category A. The statistics also indicate that even in those ministries where the number of women employees is higher, women’s representation ranges from only 12.5 per cent (Ministry of Agriculture) to 36.3 per cent (Ministry of Justice), with the exception of the ministries of education and sciences, public health and social affairs where women represent 42.3 per cent, 49.1 per cent and 56.7 per cent of the employees respectively. The Committee asks the Government to provide information on the measures taken or envisaged to promote women’s access to a wider range of occupations and higher level and higher paid posts in the public service.

2. The Committee notes with interest Decree No. 2003-1702 of 11 August 2003 creating the National Council of Women and Family and asks the Government to provide information in its next report on any activities taken by the Council to promote the principle of equal remuneration for men and women for work of equal value in both the private and public sectors.

3. The Committee notes Decree No. 2003-1692 of 18 August 2003 setting the guaranteed minimum wage for agricultural workers. The Decree provides that, in addition to the basic minimum wage, specialized and qualified agricultural workers may receive a "technique-related bonus" (prime de technicité) and that workers employed on a task, piece rate or output basis will receive in the case of normal output a wage corresponding to the guaranteed minimum wage. The Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention and it would be grateful if the Government would supply information in its next report on the distribution of men and women within the different categories of workers (i.e. ordinary agricultural workers, specialized workers and qualified workers) in the agricultural sector.

4. The Committee notes the study on "Femmes et ville" which confirms the disparities that exist between the rural and urban employment of women, and which indicates that two thirds of the women in urban areas are employed as textile worker, domestic workers and secretaries. The Committee thanks the Government for this information but notes that although the study has been published in 2000, the statistics used date back to 1994-97, and that the Government has not given any more recent data in its latest report. It encourages the Government to undertake new studies on the employment and remuneration situation of women in both the urban and rural areas and in certain regions so as to be in a position to provide a more recent picture on any wage disparities that might exist between men and women. It refers to its 1998 general observation on this Convention detailing the type of statistical data to be collected.

5. With regard to any measures taken to address wage inequalities between men and women in their access to education, vocational training and employment, the Committee notes the Government’s statement that the fight against discrimination has become a priority in national policy and that women should benefit from all necessary measures aimed at integrating them in this process. The Committee notes in this regard the efforts undertaken by the Government to improve the literacy rates and educational levels of girls through the restructuring of the educational system and a national literacy strategy. It also notes from the information provided in reply to the Committee’s direct request addressed to the Government in 2000, under Convention No. 111, the various measures taken by the Government to enhance women’s participation in employment and vocational guidance. The Committee asks the Government to continue to provide information on the measures taken to reduce wage inequalities through access to vocational training and educational opportunities to indicate the progress achieved with regard to the application of the Convention in practice.

6. The Committee reiterates its request to the Government to provide information on the criteria used in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed.

7. As no information was included in the Government’s report on enforcement, the Committee asks the Government to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises as well as on cases of wage discrimination and the penalties and administrative measures applied.

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

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. The Committee notes from the Government’s report containing statistical data on the distribution of employees in the public service that women constitute 37.22 per cent and men 62.78 per cent of public service employees. The Committee hopes that the Government will also be able to answer its direct request of 1998 and supply with the next report data on the percentage of women officials in each of the categories (from A to D) provided in the Scale of Monthly Wages sent with the report of 1998.

2. The Committee notes that Decree No. 71-285 of 2 August 1971 was repealed by Decree No. 2000-1988 of 12 September 2000, under which regional committees on agricultural work determine remuneration rates and examine the difficulties which may arise occasionally on the professional classifications of agricultural workers. The Committee reiterates the hope expressed in its direct requests in 1997 and 1998 that the Government will provide information on the remuneration rates and occupational classifications established by the committees on agricultural work.

3. The Committee notes that the Government, in response to its previous direct request, provides a list of surveys and studies conducted by the Centre de Recherches, d’Etudes, de Documentation et d’Information sur la Femme (CREDIF). The Committee asks the Government to supply a copy of "Femmes et ville" (2000) with its next report. Furthermore, considering that except for this study, all the others date back to the years 1994-97, the Committee hopes that new inquiries or surveys will be carried out on the factors preventing or promoting the implementation of Convention No. 100. In this regard the Committee considers that studies on the situation of women in rural areas and in certain regions of the country are particularly needed given the regional disparities in the country. Please also supply information on the measures taken or envisaged to address existing inequalities between women and men in their access to education, vocational training and employment. Furthermore, taking into account that throughout the country women are affected by a high percentage of illiteracy, low educational levels and low participation rates in the labour market, as well as occupational segregation in both vocational training and employment, the Committee reiterates the direct request addressed to the Government in 2000 under Convention No. 111, as formulated in paragraph 1.

4. The Committee notes that the Government’s report indicates that Tunisian enterprises do not carry out any discrimination on the basis of sex in their human resources management. In order to assess the manner in which the Convention is applied in practice, the Committee asks the Government to indicate the criteria employed in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed. Moreover, noting that the Government indicates that it will send statistics as soon as they are available, the Committee hopes to receive with the next report statistical data on the distribution of men and women at the levels of the various wage rates and, if possible, by occupation, branch of activity, seniority and level of qualification, as they were called for in the direct requests of 1997 and 1998. In this regard the Committee refers to its general observation on this Convention in 1998.

5. As already stated in its direct request in 1998, the Committee hopes that the Government will continue to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied.

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

The Committee notes the information provided by the Government and the attached documentation.

1. The Committee notes from the Government’s report containing statistical data on the distribution of employees in the public service that women constitute 37.22 per cent and men 62.78 per cent of public service employees. The Committee hopes that the Government will also be able to answer its direct request of 1998 and supply with the next report data on the percentage of women officials in each of the categories (from A to D) provided in the Scale of Monthly Wages sent with the report of 1998.

2. The Committee notes that Decree No. 71-285 of 2 August 1971 was repealed by Decree No. 2000-1988 of 12 September 2000, under which regional committees on agricultural work determine remuneration rates and examine the difficulties which may arise occasionally on the professional classifications of agricultural workers. The Committee reiterates the hope expressed in its direct requests in 1997 and 1998 that the Government will provide information on the remuneration rates and occupational classifications established by the committees on agricultural work.

3. The Committee notes that the Government, in response to its previous direct request, provides a list of surveys and studies conducted by the Centre de Recherches, d’Etudes, de Documentation et d’Information sur la Femme (CREDIF). The Committee asks the Government to supply a copy of "Femmes et ville" (2000) with its next report. Furthermore, considering that except for this study, all the others date back to the years 1994-97, the Committee hopes that new inquiries or surveys will be carried out on the factors preventing or promoting the implementation of Convention No. 100. In this regard the Committee considers that studies on the situation of women in rural areas and in certain regions of the country are particularly needed given the regional disparities in the country. Please also supply information on the measures taken or envisaged to address existing inequalities between women and men in their access to education, vocational training and employment. Furthermore, taking into account that throughout the country women are affected by a high percentage of illiteracy, low educational levels and low participation rates in the labour market, as well as occupational segregation in both vocational training and employment, the Committee reiterates the direct request addressed to the Government in 2000 under Convention No. 111, as formulated in paragraph 1.

4. The Committee notes that the Government’s report indicates that Tunisian enterprises do not carry out any discrimination on the basis of sex in their human resources management. In order to assess the manner in which the Convention is applied in practice, the Committee asks the Government to indicate the criteria employed in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed. Moreover, noting that the Government indicates that it will send statistics as soon as they are available, the Committee hopes to receive with the next report statistical data on the distribution of men and women at the levels of the various wage rates and, if possible, by occupation, branch of activity, seniority and level of qualification, as they were called for in the direct requests of 1997 and 1998. In this regard the Committee refers to its general observation on this Convention in 1998.

5. As already stated in its direct request in 1998, the Committee hopes that the Government will continue to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied.

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

The Committee notes the information provided by the Government.

1. The Committee notes that, according to the Government's report, wages above the guaranteed minimum wage, fixed by decree and applying to workers of both sexes, are determined either by direct agreement between employers and workers, by collective agreement or by decree for the sectors not covered by collective agreements. These regulations and collective agreements explicitly provide that they are applicable without distinction to workers of both sexes. The Committee notes that the principal of non-discrimination between the two sexes is also set out in section V(bis) of the Labour Code, which was added by Act No. 93-66 of 5 July 1993. Finally, it notes that supervision of compliance with the principle of equal remuneration for men and women is ensured by inspections carried out periodically or randomly by labour inspectors in agricultural enterprises. The Government also states that the eight contraventions related to wages reported by the labour inspectors do not concern violations of the principle of equal remuneration. The Committee requests the Government to continue informing it of inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied. The Committee also hopes once again, as it did in its direct request in 1997, to obtain information on the remuneration rates and occupational classifications determined by the committees on agricultural work set up under Decree No. 71/285 of 2 August 1971.

2. The Committee notes the wage scales applicable in the banking, textile, food processing, hotels and insurance sectors, which are appended to the sectoral collective agreements and apply to workers of both sexes without distinction, as well as the wage tables for public officials, which also apply without distinction to men and women. The Committee would be grateful if the Government would transmit, as soon as they are available, statistical data on the distribution of men and women at the various wage rates, and if possible by occupation, branch of activity, seniority and level of qualifications, as called for in its direct request in 1997, as well as the percentage of women officials in each category from A to D.

3. Finally, the Committee once again hopes that the Government will provide information in future reports concerning any inquiry or survey that has been undertaken or may be contemplated for the achievement of the principle of equality between men and women, and particularly measures to promote the access of girls to higher education and vocational training. This is particularly relevant information taking into account the fact that inequalities between girls and boys in education are a cause of unequal remuneration in the labour market, as illustrated by the information provided by the Government in its report for 1996 that account is taken in recruitment and occupational classifications of certain objective criteria, such as educational level, qualifications and professional experience.

4. The Committee finally requests the Government to supply information on the manner in which the principle of equal remuneration between men and women workers for work of equal value is applied in practice. It requests the Government to refer in this respect to paragraphs 19 to 21 and 141 of its General Survey on equal remuneration of 1986.

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

The Committee notes the information supplied by the Government on wage-fixing methods and the national legislation enshrining the principle of equal remuneration for men and women.

1. The Committee notes the information supplied by the Government regarding the number of visits, return visits, notices to comply and reports of infringements concerning wages, concerning agricultural enterprises in 1995. It requests the Government to indicate whether any of the eight reports of infringements made by the labour inspectors concerned infringements of the principle of equal remuneration enshrined in the Convention and, if so, what penal or administrative sanctions were imposed on the violators.

2. Noting that the Government's report does not contain a reply to the other points raised in its previous comments, the Committee once again requests the Government to provide details on the manner in which the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum guaranteed agricultural wage (SMAG). It also requests information on the remuneration rates and occupational classifications determined by the committees on agricultural work set up under Decree No. 71/285 of 2 August 1971. Finally, referring to its 1990 general observation and to paragraph 248 of the 1986 General Survey on equal remuneration, the Committee emphasizes once again that without statistical data it cannot assess how the principle of equal remuneration is applied in practice. The Committee therefore expresses the hope once again that the Government will be able, in the very near future, to supply the following information:

(i) the wage scales applicable in the private and public sectors, indicating the distribution of men and women at the various levels;

(ii) statistical data on the minimum wage rates and average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women; and

(iii) information concerning any inquiry or survey that has been undertaken or may be contemplated in order to determine the causes of wage disparities, and information concerning the measures taken or contemplated subsequently.

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

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 manner in which the principle set out in the Convention is applied in agriculture, the Government refers to the regulatory texts adopted after consultation with workers' and employers' organizations and to the texts setting the minimum wage for agriculture (SMAG) which mention that the rate applies expressly to workers of both sexes (for example, as stated in Decree No. 94-1865 of 5 September 1994). It adds that observance of the principle is ensured by inspections undertaken by labour inspectors in agricultural enterprises. The Committee would like to receive information in the next report on the number of agricultural enterprises inspected, any cases noted during such inspections of the non-application of the principle set out in the Convention and the measures taken to resolve these cases, including an indication of the penal and administrative sanctions which may have been imposed by the labour inspectorate and the courts, in accordance with sections 3, 5bis and 234 of the Labour Code, as indicated in the report.

The Committee notes that once again the Government has not given details on the manner in which the principle of equal remuneration for men and women is applied in agriculture with regard to wages above the minimum wage, in particular as regards the remuneration rates and occupational classifications determined by committees on agricultural work under section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 respecting committees on agricultural work. The Committee hopes that the requested information will be supplied in the next report.

2. The Committee notes the Government's statement that the requested statistics will be supplied as soon as they are available. It hopes that the Government will soon be in a position to provide the detailed information referred to in paragraph 1 of its 1994 direct request. Please refer in this respect to its general observation of 1990 and to paragraph 248 of its General Survey of 1986 on equal remuneration.

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

With reference to its previous direct requests, the Committee notes the information supplied by the Government in reply to its request for details on the penal sanctions in force for violations of the ban on sex-based discrimination set out in Act No. 93-6601 of 1993, as well as on public service wage scales and staffing tables disaggregated by sex.

1. With regard to the manner in which the principle set out in the Convention is applied in agriculture, the Government refers to the regulatory texts adopted after consultation with workers' and employers' organizations and to the texts setting the minimum wage for agriculture (SMAG) which mention that the rate applies expressly to workers of both sexes (for example, as stated in Decree No. 94-1865 of 5 September 1994). It adds that observance of the principle is ensured by inspections undertaken by labour inspectors in agricultural enterprises. The Committee would like to receive information in the next report on the number of agricultural enterprises inspected, any cases noted during such inspections of the non-application of the principle set out in the Convention and the measures taken to resolve these cases, including an indication of the penal and administrative sanctions which may have been imposed by the labour inspectorate and the courts, in accordance with sections 3, 5bis and 234 of the Labour Code, as indicated in the report.

The Committee notes that once again the Government has not given details on the manner in which the principle of equal remuneration for men and women is applied in agriculture with regard to wages above the minimum wage, in particular as regards the remuneration rates and occupational classifications determined by committees on agricultural work under section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 respecting committees on agricultural work. The Committee hopes that the requested information will be supplied in the next report.

2. The Committee notes the Government's statement that the requested statistics will be supplied as soon as they are available. It hopes that the Government will soon be in a position to provide the detailed information referred to in paragraph 1 of its 1994 direct request. Please refer in this respect to its general observation of 1990 and to paragraph 248 of its 1986 General Survey on Equal Remuneration.

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

The Committee notes that section 5bis of Act No. 93-66 of 5 July 1993 to amend the Labour Code explicitly lays down the principle of non-discrimination between the two sexes. It requests the Government to supply information in its next report on the penal sanctions imposed following violations of the provisions of the new section 5bis.

The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the points which were raised in its previous direct request, which read as follows:

1. The Committee finds that it has no recent information at its disposal from which to assess the manner in which the principle of equal remuneration for work of equal value is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service and in public enterprises, indicating the distribution of men and women at the various levels;

(ii) the proportion of women covered by the collective agreements which are in force and the distribution of men and women at the various wage levels;

(iii) statistical data on minimum wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding percentage of women;

(iv) information concerning any inquiry or survey that may have been undertaken or may be contemplated in order to determine the causes of wage disparities and information concerning the measures taken or contemplated in the light of such surveys.

2. With reference to the application of the Convention in agriculture, the Committee noted the Government's statement in its previous report that the texts concerning the minimum wage in agriculture make no distinction between men and women. It would like to receive information as to how the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum, and in particular on:

(i) the rates of remuneration and occupational classifications fixed by committees on agricultural work pursuant to section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 concerning committees on agricultural work;

(ii) the statistics requested in paragraph 1(iii) above; and

(iii) the activities carried out by the labour inspectorate to supervise the application of the principle of equal remuneration for men and women for work of equal value in agriculture.

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

1. The Committee finds that it has no recent information at its disposal from which to assess how the principle of equal remuneration for work of equal value is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service and in public undertakings, indicating the distribution of men and women at the various levels;

(ii) the proportion of women covered by the collective agreements in force and the distribution of men and women at the various wage levels;

(iii) statistical data on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women;

(iv) information concerning any inquiry or survey that may have been undertaken or may be contemplated in order to determine the causes of wage disparities and information concerning the measures taken or contemplated in the light of such surveys.

2. With reference to the application of the Convention in agriculture, the Committee has noted the Government's statement in its latest report that the texts concerning the minimum wage in agriculture make no distinction between men and women. It would like some information as to how the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum, and in particular on:

(i) the rates of remuneration and occupational classifications fixed by committees on agricultural work pursuant to section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 concerning committees on agricultural work;

(ii) the statistics requested in paragraph 1(iii) above; and

(iii) the activities carried on by the labour inspectorate to supervise the application of the principle of equal remuneration for men and women for work of equal value in agriculture.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report, and more particularly the national collective agreements communicated by the Government, including the appended classifications and occupational wage tables. The Committee hopes that in its future reports the Government will continue to provide information on any developments in the application of the principle of equal remuneration, and particularly the criteria used in job evaluation.

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

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:

For a number of years, the Government has indicated in its reports that the Labour Code is in the process of being revised in order to bring the legislation into conformity with the Convention. The Committee noted from a previous report that measures were being considered to supervise more closely the application of the principle of equal remuneration, by strengthening the representation of staff in enterprises. In this connection, the Government refers in its last report to proposals to merge the present staff representation structures (works committees, employers' and workers' joint advisory committees, health and safety committees, etc.) into a single structure in the form of an employers' and workers' joint works committee to be established in all enterprises employing more than 20 workers, and having the status of a legal entity enabling it to manage the social affairs of the enterprise directly. The Committee requests the Government to provide full information on the means of action which will be available to the employers' and workers' joint works committee so that it can ensure observance of the principle of equal remuneration for men and women workers for work of equal value.

Furthermore, the Committee asks the Government to supply information on the establishment of classifications and occupational wage scales as they appear in the collective agreements in force, stating, in particular, the criteria used in job classification. It also requests the Government to provide copies of the collective agreements concluded in sectors employing a large number of women.