Equal Remuneration Convention, 1951 (No. 100) - Sao Tome and Principe (Ratification: 1982)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(b) of the Convention. Minimum wages. The Committee notes that the Government provides no information on wage-fixing methods and mechanisms used to determine and review the national minimum wages. In this regard, it wishes to recall the importance of the role of the minimum wage in the application of the Convention. As women predominate in low-wage employment, and a uniform national wage system helps to raise the earnings of the lowest paid workers, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. The Committee stresses that when setting minimum wages, it is essential to avoid any distortion based on sex and/or gendered assumptions, in order to ensure that certain skills considered to be “female” are not undervalued. To achieve that, rates must be fixed on objective criteria, free from gender bias (in this regard see the 2012 General Survey on the fundamental Conventions, paragraphs 682-683). The Committee again requests the Government to provide:

• (i)updated statistics on the percentage of men and women who are paid the minimum wage and their distribution in the different economic sectors and occupations;
• (ii)information on any awareness-raising activities regarding the principle enshrined in the Convention for parties involved in fixing national minimum wages; and
• (iii)information on complaints for non-payment of the minimum wage that have been reported or detected by the labour inspectorate, and on the penalties imposed.

Article 3. Objective job evaluation. The Committee recalls that section 22(3) of the Labour Code provides that job description and job evaluation systems should be based on objective criteria which are common to men and women in order to exclude any discrimination based on sex. It notes that the Government maintains that conditions such as years of service, grade and other similar criteria must also be taken into account. In this respect, the Committee believes that there appears to be confusion between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker; it makes it possible to determine the value of categories of jobs in an enterprise performed predominately by women and men as objectively as possible. In this connection, the Committee draws the attention of the Government to paragraphs 695-709 of its General Survey of 2012 which concern the objective evaluation of jobs. The Committee therefore requests the Government to take measures to:

• (i)put in place procedures for the formal, objective evaluation of jobs, based on objective criteria such as skills, effort, responsibilities, and conditions of work; and
• (ii)ensure that work in the sectors and occupations where women predominate are not undervalued.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. The Committee notes that the Government affirms, in its report, its belief that the national legislative framework is now in conformity with the principle enshrined in the Convention, in response to the Committee’s previous comments on section 234(5) of the Labour Code. It notes however that this section requires “identical contractual conditions” for the application of the principle of equal remuneration for men and women workers for work of equal value, and thus does not fully reflect the principle of the Convention. In this regard, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) requested the Government to inform it about steps taken to amend the Labour Code to ensure the principle of equal pay for work of equal value (CEDAW/C/STP/Q/1–5, 7 March 2022, paragraph 16(d)). The Committee requests the Government to consider amending section 234(5) of the Labour Code to ensure that the overall value of the job is considered without limiting the comparison to “identical contractual conditions” and that the definition allows for the comparison, free from gender bias, of jobs of an entirely different nature, not necessarily in the same enterprise, but which may be shown, after examination, to be of equal “value”. The Committee also requests the Government to provide information on: (i) the application in practice of sections 22(1) and 234(5) of the Labour Code, including any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authority, specifying the penalties imposed and the compensation awarded; and (ii) the awareness-raising activities undertaken on the new legislative provisions and on the principle of the Convention, including in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Reducing the gender wage gap. In response to the Committee’s request for information on measures taken to assess and address the gender wage gap in the formal and informal economy, the Government states that it is above all focusing its efforts on the transition from the informal to the formal economy in order to extend social protection to the entire population, still largely affected by informality. The Government recalls in this regard that there are different minimum wages applicable in the private and public sectors, determined by Decree No. 24/2015 of 18 December 2015, and that no worker may be paid less than the wage defined in that Decree. The Committee also notes, from the data provided by the Government in its report to CEDAW, that the level of labour income is relatively higher for men than for women throughout the life cycle, and that the surplus labour income of men aged 22 to 76 is about 11 times that of women, resulting in low levels of empowerment of women and girls (CEDAW/C/STP/1–5, 29 November 2021, paragraphs 59 and 60). Recalling that a National Statistical Development Strategy, adopted in 2018, is under implementation, with a view to reinforcing the National Statistics Institute, the Committee again requests the Government to provide updated information on the pay gap between men and women, the distribution of men and women in the different economic sectors and occupations and their respective incomes, in the public and private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the social partners were unable to meet to discuss the draft revision of Act No. 1/99 on the National Council for Social Dialogue (CNCS) due to the COVID-19 pandemic. The Committee requests the Government to provide information on progress made in revising Act No. 1/99 on the CNCS and on strengthening the capacities of the workers’ and employers’ organizations in respect of the principle of the Convention.

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

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

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.

Repetition

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s indication, in its report, concerning the adoption of Decree No. 2/2016 establishing the new national minimum wage and salary scale for the public sector. It further takes note of sections 237 to 243 of the Labour Code, adopted through Act No. 6/2019 of 16 November 2018, on the national minimum wage. The Committee asks the Government to provide information on the wage-fixing methods and mechanisms used in practice to establish and revise the national minimum wages and the impact of such measures on the gender wage gap. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage in the private sector, as well as the distribution of women and men in all the grades of the new salary scale in the public sector and their remuneration levels. The Committee also asks the Government to provide information on any awareness-raising activities carried out on the application of the principle of the Convention, in the context of the setting of national minimum wages, including in collaboration with employers’ and workers’ organizations, as well as on any case or complaint regarding a lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and the penalties imposed.

Article 3. Objective job evaluation. The Committee notes that section 22(3) of the Labour Code provides that job description and job evaluation systems should be based on objective criteria which are common to men and women in order to exclude any discrimination based on sex. The Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General survey of 2012 on the fundamental Conventions, paragraphs 695 and 701). The Committee asks the Government to provide information on the practical application of section 22(3) of the Labour Code, by indicating the steps taken to promote, develop and implement practical methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. For many years, the Committee has been drawing the Government’s attention to the fact that article 43(a) of the Constitution does not fully reflect the principle of the Convention as it only guarantees “equal wages for equal work”. Referring to its previous comments where it noted that a draft General Labour Act had been prepared and submitted to the Office for comments, the Committee notes with interest the adoption of the Labour Code through Act No. 6/2019 of 16 November 2018, and notes that the provisions on equality and non-discrimination apply to public sector employees (section 3). It notes, in particular, that section 22(1) of the Labour Code provides for equal working conditions for men and women, in particular with regard to pay, and that section 234(5) provides that “all workers of the same company under identical contractual conditions are entitled to receive equal pay for work of equal value, any wage discrimination being prohibited”. The Committee wishes to point out that while the new provisions guarantee “equal pay for work of equal value”, the formulation used under section 234(5) of the Labour Code which requires “identical contractual conditions” is narrower than the principle of the Convention. It recalls that while factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for “equal”, “the same” or “similar work”, but also addresses situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on fundamental Conventions, paragraphs 676–679). Furthermore, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same company, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraphs 697 and 698). Regretting that the adoption of the Labour Code has not been taken as an opportunity to give full legislative expression to the principle of the Convention, the Committee asks the Government to consider amending section 234(5) of the Labour Code to ensure that when determining whether two jobs are of equal value: (i) the overall value of the job is considered without limiting the comparison to «identical contractual conditions», and the definition allows for the jobs of an entirely different nature to be compared free from gender bias; and (ii) the scope of comparison goes beyond the same company. The Committee also asks the Government to provide information on the practical application of article 43(a) of the Constitution and sections 22(1) and 234(5) of the Labour Code, including any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded. It asks the Government to provide information on any awareness-raising activities undertaken on the new legislative provisions and the principle of the Convention, including in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Assessing and addressing the gender wage gap. The Committee has repeatedly emphasized the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to be in a position to assess the application of the Convention by adequately evaluating the nature, extent and causes of the gender wage gap. The Committee once again notes with regret the absence of information provided by the Government in this regard. It notes that, according to the last available statistical information, women are more often affected by poverty than men (71.3 per cent and 63.4 per cent, respectively, in 2010). Furthermore, in 2012, the women’s labour force participation rate was nearly twice as low as men’s (41.3 per cent and 75.4 per cent, respectively), with women being mostly concentrated in low-qualifications jobs such as unskilled labour force (71 per cent), domestic workers (94 per cent) and services or trade (58.9 per cent of women). It further notes that women are mostly working in the informal economy, which affects 75.7 per cent of the economically active population, characterized by low wages and the lack of social protection. The Committee notes that the Decent Work Country Programme (DWCP) for 2018–21, adopted in July 2018, sets as a specific objective the promotion of productive employment for all, in particular for young people and women, including by raising awareness and encouraging transition from informal to formal economy, enhancing women’s entrepreneurship and access to vocational training, as well as strengthening the National Statistics Institute (INE). Noting that a National Statistical Development Strategy (ENDE) for 2018–21, adopted in February 2018, is currently implemented, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). Consequently, the Committee asks the Government to provide information on any measures undertaken to assess and address the gender wage gap, both in the formal and informal economy, in the framework of the DWCP or otherwise. The Committee trusts that the Government will be soon in a position to provide relevant information that would permit an assessment of the remuneration levels of men and women and wage differentials. It again asks the Government to provide updated information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. In response to the Committee’s long-standing indication that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Government reiterates, in its report, that social partners play an important role in the effective implementation of international standards and national legislation. The Government adds that a revision of Act No.1/99 on the National Council for Social Dialogue (CNCS) is planned. The Committee notes that the DWCP for 2018–21 sets as a specific objective the strengthening of the CNCS and other institutions of social dialogue, as well as capacity-building of the tripartite constituents to promote, inter alia, gender equality and non-discrimination. The Committee asks the Government to provide information on any progress made in the revision of Act No. 1/99 on the CNCS, as well as on any capacity-building activities of employers’ and workers’ organizations undertaken, in the framework of the DWCP or otherwise, to promote gender equality and non-discrimination. In light of the absence of legislation giving full expression to the principle of the Convention, the Committee again asks the Government to seek the cooperation of employers’ and workers’ organizations with regard to the amendment of the legislative framework, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. It asks the Government to provide information on any progress made in this regard.

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 2019, published 109th ILC session (2021)

Article 2 of the Convention. Minimum wages. The Committee notes the Government’s indication, in its report, concerning the adoption of Decree No. 2/2016 establishing the new national minimum wage and salary scale for the public sector. It further takes note of sections 237 to 243 of the Labour Code, adopted through Act No. 6/2019 of 16 November 2018, on the national minimum wage. The Committee asks the Government to provide information on the wage-fixing methods and mechanisms used in practice to establish and revise the national minimum wages and the impact of such measures on the gender wage gap. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage in the private sector, as well as the distribution of women and men in all the grades of the new salary scale in the public sector and their remuneration levels. The Committee also asks the Government to provide information on any awareness-raising activities carried out on the application of the principle of the Convention, in the context of the setting of national minimum wages, including in collaboration with employers’ and workers’ organizations, as well as on any case or complaint regarding a lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and the penalties imposed.

Article 3. Objective job evaluation. The Committee notes that section 22(3) of the Labour Code provides that job description and job evaluation systems should be based on objective criteria which are common to men and women in order to exclude any discrimination based on sex. The Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General survey of 2012 on the fundamental Conventions, paragraphs 695 and 701). The Committee asks the Government to provide information on the practical application of section 22(3) of the Labour Code, by indicating the steps taken to promote, develop and implement practical methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. For many years, the Committee has been drawing the Government’s attention to the fact that article 43(a) of the Constitution does not fully reflect the principle of the Convention as it only guarantees “equal wages for equal work”. Referring to its previous comments where it noted that a draft General Labour Act had been prepared and submitted to the Office for comments, the Committee notes with interest the adoption of the Labour Code through Act No. 6/2019 of 16 November 2018, and notes that the provisions on equality and non-discrimination apply to public sector employees (section 3). It notes, in particular, that section 22(1) of the Labour Code provides for equal working conditions for men and women, in particular with regard to pay, and that section 234(5) provides that “all workers of the same company under identical contractual conditions are entitled to receive equal pay for work of equal value, any wage discrimination being prohibited”. The Committee wishes to point out that while the new provisions guarantee “equal pay for work of equal value”, the formulation used under section 234(5) of the Labour Code which requires “identical contractual conditions” is narrower than the principle of the Convention. It recalls that while factors such as complexity, responsibility, difficulty and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each of the factors considered. Determining whether two different jobs are of equal value consists of determining the overall value of the jobs when all the factors are taken into account. The principle of the Convention requires equal remuneration for “equal”, “the same” or “similar work”, but also addresses situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on fundamental Conventions, paragraphs 676–679). Furthermore, the Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value should not be limited to comparisons between men and women in the same company, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraphs 697 and 698). Regretting that the adoption of the Labour Code has not been taken as an opportunity to give full legislative expression to the principle of the Convention, the Committee asks the Government to consider amending section 234(5) of the Labour Code to ensure that when determining whether two jobs are of equal value: (i) the overall value of the job is considered without limiting the comparison to «identical contractual conditions», and the definition allows for the jobs of an entirely different nature to be compared free from gender bias; and (ii) the scope of comparison goes beyond the same company. The Committee also asks the Government to provide information on the practical application of article 43(a) of the Constitution and sections 22(1) and 234(5) of the Labour Code, including any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded. It asks the Government to provide information on any awareness-raising activities undertaken on the new legislative provisions and the principle of the Convention, including in collaboration with employers’ and workers’ organizations.

Articles 2 and 3. Assessing and addressing the gender wage gap. The Committee has repeatedly emphasized the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to be in a position to assess the application of the Convention by adequately evaluating the nature, extent and causes of the gender wage gap. The Committee once again notes with regret the absence of information provided by the Government in this regard. It notes that, according to the last available statistical information, women are more often affected by poverty than men (71.3 per cent and 63.4 per cent, respectively, in 2010). Furthermore, in 2012, the women’s labour force participation rate was nearly twice as low as men’s (41.3 per cent and 75.4 per cent, respectively), with women being mostly concentrated in low-qualifications jobs such as unskilled labour force (71 per cent), domestic workers (94 per cent) and services or trade (58.9 per cent of women). It further notes that women are mostly working in the informal economy, which affects 75.7 per cent of the economically active population, characterized by low wages and the lack of social protection. The Committee notes that the Decent Work Country Programme (DWCP) for 2018–21, adopted in July 2018, sets as a specific objective the promotion of productive employment for all, in particular for young people and women, including by raising awareness and encouraging transition from informal to formal economy, enhancing women’s entrepreneurship and access to vocational training, as well as strengthening the National Statistics Institute (INE). Noting that a National Statistical Development Strategy (ENDE) for 2018–21, adopted in February 2018, is currently implemented, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey of 2012, paragraph 891). Consequently, the Committee asks the Government to provide information on any measures undertaken to assess and address the gender wage gap, both in the formal and informal economy, in the framework of the DWCP or otherwise. The Committee trusts that the Government will be soon in a position to provide relevant information that would permit an assessment of the remuneration levels of men and women and wage differentials. It again asks the Government to provide updated information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. In response to the Committee’s long-standing indication that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Government reiterates, in its report, that social partners play an important role in the effective implementation of international standards and national legislation. The Government adds that a revision of Act No.1/99 on the National Council for Social Dialogue (CNCS) is planned. The Committee notes that the DWCP for 2018–21 sets as a specific objective the strengthening of the CNCS and other institutions of social dialogue, as well as capacity-building of the tripartite constituents to promote, inter alia, gender equality and non-discrimination. The Committee asks the Government to provide information on any progress made in the revision of Act No. 1/99 on the CNCS, as well as on any capacity-building activities of employers’ and workers’ organizations undertaken, in the framework of the DWCP or otherwise, to promote gender equality and non-discrimination. In light of the absence of legislation giving full expression to the principle of the Convention, the Committee again asks the Government to seek the cooperation of employers’ and workers’ organizations with regard to the amendment of the legislative framework, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. It asks the Government to provide information on any progress made in this regard.

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

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

Practical application. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see 2012 General Survey on the fundamental Conventions, paragraph 891). The Committee requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including information on the outcome of inspection activities and on the number and nature of contraventions reported and penalties imposed, and the number and nature of complaints addressed to the courts relating to violations of the relevant legislation. Please also provide information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors. The Committee further requests the Government to provide information on any other measures taken or envisaged that would permit an assessment of the remuneration levels of men and women as well as wages differentials.

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

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls its previous comments in which it noted that article 43(a) of the Constitution did not fully reflect the principle of the Convention as they refer to equal wages for “equal work” rather than “work of equal value”. The Committee has therefore been emphasizing the need to take further legislative action to ensure full compliance with the Convention. The Committee notes that a draft General Labour Act has been prepared and submitted to the Office for comments. In this regard, the Committee recalls the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). Hoping that progress will be made soon in the adoption of the draft General Labour Act, the Committee requests the Government to ensure that the Act will give full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers. The Committee also requests the Government, when the opportunity for amending relevant provisions of the Constitution arises, to take the necessary steps to amend article 43(a) of the Constitution.

Article 4. Cooperation with workers’ and employers’ organizations. Since 2007, the Committee has been recalling the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. Noting that the Government has not responded to its previous request for information, the Committee therefore again asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress made in this regard.

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 with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Statistical information. The Committee had previously noted the Government’s indication that the National Institute of Statistics was carrying out a survey which also covered the issue of remuneration of men and women. Referring to its 1998 general observation, the Committee wishes to draw the Government’s attention once again to the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to enable the Committee to evaluate the nature, extent and causes of the gender pay gap. The Committee therefore asks the Government to communicate the results of the abovementioned survey as soon as they become available. It also requests the Government to provide information on any other measures taken or envisaged that would permit an assessment of the remuneration levels of men and women and wages differentials.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1 of the Convention. Legislation. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please provide information on the progress made in this regard.

The Committee recalls that it raised 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 2013, published 103rd ILC session (2014)

Statistical information. The Committee had previously noted the Government’s indication that the National Institute of Statistics was carrying out a survey which also covered the issue of remuneration of men and women. Referring to its 1998 general observation, the Committee wishes to draw the Government’s attention once again to the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to enable the Committee to evaluate the nature, extent and causes of the gender pay gap. The Committee therefore asks the Government to communicate the results of the abovementioned survey as soon as they become available. It also requests the Government to provide information on any other measures taken or envisaged that would permit an assessment of the remuneration levels of men and women and wages differentials.

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

For a number of years the Committee has been requesting the Government to reply to questions initially raised in its 2007 direct request. While taking due note of the Government’s report submitted this year, the Committee is bound to point out that the report is identical to the one provided six years ago and does not enable the Committee to assess the extent to which the principle of equal remuneration for work of equal value is applied in practice. It notes, however, that Sao Tome and Principe participated in the ILO Workshop on International Labour Standards and Constitutional Obligations held in September 2013, in Lisbon. The workshop aimed at strengthening the capacity of governments as well as workers’ and employers’ organizations with regard to reporting and legislative requirements under articles 19 and 22 of the ILO Constitution. The Committee welcomes the Government’s participation in the event and hopes that the assistance provided by the Office will offer additional guidance in the elaboration of the Government’s next report. It hopes that the report will contain full information on the following matters.

Repetition

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

...

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

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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that for the fifth consecutive year 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:

Repetition

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

2. Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

3. Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

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

1. Legislation. The Committee notes from the Government’s report that a draft General Labour Act has been prepared and submitted to the National Assembly. However, due to a change of Government, it was unlikely that the legislation would be adopted very soon. The Committee recalls its previous comments in which it noted that the provisions of the Constitution do not fully reflect the Convention’s principle as they refer to equal wages for “equal work” rather than “work of equal value”. Hence, the need to take further legislative action to ensure full compliance with the Convention. The Committee recalls its 2006 general observation, stressing the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (paragraph 6). The Committee, therefore, urges the Government to ensure that the future General Labour Act explicitly provides for the right of men and women to receive equal remuneration for work of equal value, in accordance with the Convention, and to indicate any progress made in this regard. The Committee also reminds the Government that ILO technical assistance is available and asks the Government to consider forwarding a copy of the draft legislation to the Office for its review.

2. Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. It, therefore, asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please keep the Committee informed of progress made in this regard.

3. Statistical information. The Committee notes the Government’s indication that the National Institute of Statistics was currently carrying out a survey which also covered the issue of remuneration of men and women. The Committee asks the Government to communicate the results of the ongoing survey as soon as they become available.

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

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. While noting that after a number of years the Government has submitted a report, the Committee is bound to point out that the brief information contained in the Government’s report does not contain a reply to its previous comments. The report does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice. The Committee hopes that the Government’s next report will provide detailed answers to the Committee’s questions.

2. Work of equal value and a new labour act. The Committee notes that article 43(a) of the Constitution as amended by Decree No. 13, 2002, guarantees “equal wages for equal work”. The Committee recalls in this respect that the principle set out in the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. However, the Committee notes the Government’s statement that a working group has been appointed to draft a new General Labour Act. The Committee trusts that any elaboration of a General Labour Act will give effect to the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the progress made in the adoption of the draft General Labour Act and to provide a copy once it has been enacted.

3. Application of the Convention. The Committee notes the Government’s statement that the National Council for Social Dialogue, which was established in 1999, resumed its operations as from March 2003 with the support of the Promotion of Social Dialogue Project (PRODIAL), financed by the Government of Portugal and executed by the Office. It notes in particular that the Council will examine the application of Conventions Nos. 100 and 111. It hopes that the support provided by the Office will facilitate the application of the Convention and asks the Government to provide detailed information on the consultations held and the results obtained.

4. The Committee had previously noted that section 84 of Act No. 6/92 governing individual conditions of work stated that workers were remunerated according to their occupational category, but that there was no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. The Committee is bound to ask the Government again to provide information with its next report on how the application of the principle of the Convention is ensured, namely equal remuneration for men and women workers for work of equal value.

5. Enforcement. The Committee reiterates its earlier request to the Government to provide detailed information with its next report on the measures that have been taken to ensure supervision of the application of the principle of equal remuneration for men and women workers for work of equal value, and in particular on the activities of the labour inspectorate (inspections undertaken, infringements recorded, sanctions imposed) and on court decisions relating to the matters covered by the Convention.

6. Statistical information. The Committee wishes to draw the Government’s attention to its 1998 general observation in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and cause of salary differentials between men and women. It asks the Government to indicate in its next report the statistical information compiled on remuneration.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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. While noting that after a number of years the Government has submitted a report, the Committee is bound to point out that the brief information contained in the Government’s report does not contain a reply to its previous comments. The report does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice. The Committee hopes that the Government’s next report will provide detailed answers to the Committee’s questions.

2. Work of equal value and a new labour act. The Committee notes that article 43(a) of the Constitution as amended by Decree No. 13, 2002, guarantees "equal wages for equal work". The Committee recalls in this respect that the principle set out in the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. However, the Committee notes the Government’s statement that a working group has been appointed to draft a new General Labour Act. The Committee trusts that any elaboration of a General Labour Act will give effect to the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the progress made in the adoption of the draft General Labour Act and to provide a copy once it has been enacted.

3. Application of the Convention. The Committee notes the Government’s statement that the National Council for Social Dialogue, which was established in 1999, resumed its operations as from March 2003 with the support of the Promotion of Social Dialogue Project (PRODIAL), financed by the Government of Portugal and executed by the Office. It notes in particular that the Council will examine the application of Conventions Nos. 100 and 111. It hopes that the support provided by the Office will facilitate the application of the Convention and asks the Government to provide detailed information on the consultations held and the results obtained.

4. The Committee had previously noted that section 84 of Act No. 6/92 governing individual conditions of work stated that workers were remunerated according to their occupational category, but that there was no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. The Committee is bound to ask the Government again to provide information with its next report on how the application of the principle of the Convention is ensured, namely equal remuneration for men and women workers for work of equal value.

5. Enforcement. The Committee reiterates its earlier request to the Government to provide detailed information with its next report on the measures that have been taken to ensure supervision of the application of the principle of equal remuneration for men and women workers for work of equal value, and in particular on the activities of the labour inspectorate (inspections undertaken, infringements recorded, sanctions imposed) and on court decisions relating to the matters covered by the Convention.

6. Statistical information. The Committee wishes to draw the Government’s attention to its 1998 general observation in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and cause of salary differentials between men and women. It asks the Government to indicate in its next report the statistical information compiled on remuneration.

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

1. While noting that after a number of years the Government has submitted a report, the Committee is bound to point out that the brief information contained in the Government’s report does not contain a reply to its previous comments. The report does not enable the Committee to assess the extent to which the principle of equal remuneration for men and women workers for work of equal value, as set out in the Convention, is applied in practice. The Committee hopes that the Government’s next report will provide detailed answers to the Committee’s questions.

2. Work of equal value and a new labour act. The Committee notes that article 43(a) of the Constitution as amended by Decree No. 13, 2002, guarantees "equal wages for equal work". The Committee recalls in this respect that the principle set out in the Convention calls for equal remuneration for men and women workers for work of equal value, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. However, the Committee notes the Government’s statement that a working group has been appointed to draft a new General Labour Act. The Committee trusts that any elaboration of a General Labour Act will give effect to the principle of equal remuneration for men and women workers for work of equal value. The Committee asks the Government to provide information with its next report on the progress made in the adoption of the draft General Labour Act and to provide a copy once it has been enacted.

3. Application of the Convention. The Committee notes the Government’s statement that the National Council for Social Dialogue, which was established in 1999, resumed its operations as from March 2003 with the support of the Promotion of Social Dialogue Project (PRODIAL), financed by the Government of Portugal and executed by the Office. It notes in particular that the Council will examine the application of Conventions Nos. 100 and 111. It hopes that the support provided by the Office will facilitate the application of the Convention and asks the Government to provide detailed information on the consultations held and the results obtained.

4. The Committee had previously noted that section 84 of Act No. 6/92 governing individual conditions of work stated that workers were remunerated according to their occupational category, but that there was no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. The Committee is bound to ask the Government again to provide information with its next report on how the application of the principle of the Convention is ensured, namely equal remuneration for men and women workers for work of equal value.

5. Enforcement. The Committee reiterates its earlier request to the Government to provide detailed information with its next report on the measures that have been taken to ensure supervision of the application of the principle of equal remuneration for men and women workers for work of equal value, and in particular on the activities of the labour inspectorate (inspections undertaken, infringements recorded, sanctions imposed) and on court decisions relating to the matters covered by the Convention.

6. Statistical information. The Committee wishes to draw the Government’s attention to its 1998 general observation in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and cause of salary differentials between men and women. It asks the Government to indicate in its next report the statistical information compiled on remuneration.

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

The Committee notes with regret that the Government’s report has not been received. It hopes sincerely 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 regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government’s attention to the content of its general observation made in 1984 according to which - in the absence of detailed reports from governments - it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value.

2. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

3. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

4. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

5. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

6. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government’s attention to the content of its general observation made in 1984 according to which - in the absence of detailed reports from governments - it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government’s next report will contain detailed information on the matters raised in the previous direct request which read as follows.

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government’s attention to the content of its general observation made in 1984 according to which - in the absence of detailed reports from governments - it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government’s next report will contain detailed information on the matters raised in the previous direct request which read as follows.

1.  The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2.  The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3.  The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4.  With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5.  The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 reads as follows:

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government's attention to the content of its general observation made in 1984 according to which -- in the absence of detailed reports from governments -- it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government's next report will contain detailed information on the matters raised in the previous direct request which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government's attention to the content of its general observation made in 1984 according to which -- in the absence of detailed reports from governments -- it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government's next report will contain detailed information on the matters raised in the previous direct request which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

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

The Committee regrets to observe that after four consecutive years during which it has not submitted a report on the Convention, the Government has stated that it has nothing to add to what it said in its previous report. The Committee also notes that the Government has not responded to any of the matters raised in its previous comments relating to the practical implementation of the principle of equal remuneration for men and women. In this regard, the Committee wishes to draw the Government's attention to the content of its general observation made in 1984 according to which -- in the absence of detailed reports from governments -- it is very difficult for the Committee to draw conclusions as to the actual situation regarding equal remuneration for both sexes for work of equal value. For that reason, it hopes sincerely that the Government's next report will contain detailed information on the matters raised in the previous direct request which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

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

The Committee notes that, for the fourth consecutive time, 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 had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

6. The Committee notes that the Government's report has not been transmitted either to workers' organizations or employers' organizations, as required by point VI of the report form, owing to current restructuring in the trade union movement and the new Chamber of Commerce. The Committee hopes that, in the future, copies of the Government's reports will be transmitted to the representative organizations of employers and workers.

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

The Committee notes with regret that, for the third consecutive time, 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 had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

6. The Committee notes that the Government's report has not been transmitted either to workers' organizations or employers' organizations, as required by point VI of the report form, owing to current restructuring in the trade union movement and the new Chamber of Commerce. The Committee hopes that, in the future, copies of the Government's reports will be transmitted to the representative organizations of employers and workers.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

6. The Committee notes that the Government's report has not been transmitted either to workers' organizations or employers' organizations, as required by point VI of the report form, owing to current restructuring in the trade union movement and the new Chamber of Commerce. The Committee hopes that, in the future, copies of the Government's reports will be transmitted to the representative organizations of employers and workers.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

6. The Committee notes that the Government's report has not been transmitted either to workers' organizations or employers' organizations, as required by point VI of the report form, owing to current restructuring in the trade union movement and the new Chamber of Commerce. The Committee hopes that, in the future, copies of the Government's reports will be transmitted to the representative organizations of employers and workers.

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

With reference to its previous direct request, the Committee notes the Government's report.

1. The Committee had noted that the Rural Labour Code and Legislative Decree No. 507/1958 issuing regulations on labour law, established the principle of equal remuneration for men and women only for equal work, and not for work of equal value as required by the Convention. The Committee notes that, in its last report, the Government again states that Legislative Decree No. 507/1958 has been repealed, but gives no information on the new General Labour Act which was to be promulgated before the repeal of Legislative Decree No. 507/1958. The Committee trusts that the new General Labour Act will give effect to the Convention and that a copy of it will be provided with the next report.

2. The Committee notes Act No. 6/92 governing individual conditions of work. It notes that, under section 84, workers are remunerated according to their occupational category, but that there is no provision requiring employers to observe the principle of equal remuneration for men and women for work of equal value. It asks the Government to indicate how the new statutory provisions ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee noted that the national classification of occupations in the public and private sectors was provisional and was likely to be amended. It noted that certain occupations were not described exhaustively and that the application of the wage scale was awaiting the revision of wage scales within the context of the structural adjustment programme currently being implemented. The Committee again requests the Government to provide a copy of the national classification of occupations as revised, and a copy of the wage scale, together with information on their impact on the application of the principle of equal remuneration for work of equal value.

4. With regard to the application of the principle of equal remuneration to wages that are above the minimum wage, the Committee notes that no additional information is available on this matter. It would be grateful if the Government would provide copies of collective agreements establishing wage scales, with the distribution of men and women at the different levels.

5. The Committee would be grateful if the Government would supply information on the measures that have been taken to ensure supervision of the application of the statutory provisions on equal remuneration, and in particular on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

6. The Committee notes that the Government's report has not been transmitted either to workers' organizations or employers' organizations, as required by point VI of the report form, owing to current restructuring in the trade union movement and the new Chamber of Commerce. The Committee hopes that, in the future, copies of the Government's reports will be transmitted to the representative organizations of employers and workers.

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

The Committee notes the information contained in the Government's report.

1. In its previous direct request, the Committee noted that the legislation in force (and particularly section 47 of Legislative Decree No. 507 of 1958, containing regulations on labour law, and section 69(1) of the Rural Labour Code) appears to establish the principle of equal remuneration for men and women workers for the same work but not for work of equal value. The Committee noted the Government's reply that the principle of equal remuneration has been applied since 1979. The Committee pointed out that the relevant legislation appears to encompass only the concept of equal wages for the same work, which does not fully correspond to the principle of equal remuneration for work of equal value. The Committee notes the information supplied by the Government in its report (received on 1 March 1991) according to which Legislative Decree No. 507 of 10 March 1958 has been repealed. It notes from the report transmitted by the Government (which was also received on 1 March 1991) concerning Convention No. 19, that Legislative Decree No. 507 of 10 March 1958 will be repealed once the General Labour Act, which has been approved by the Government and submitted for adoption by the National Assembly, has been adopted. The Committee hopes that the new General Labour Act will lay down the principle of equal remuneration for work of equal value and requests the Government to supply the text of the Act once it has been adopted.

2. In a previous commentary, the Committee noted that the application of the wage scale, which has already been formulated, was awaiting the revisions and adjustments that had to be made to the current wage scale within the context of the structural adjustment programme that is currently being implemented. The Committee notes the national classification of occupations (interim version/1990) supplied by the Government. It notes that it applies to the public and private sectors and that it is based on a description of the activities and on the level of training of the various occupations. The Committee also notes that, due to its provisional nature, certain occupations are not described exhaustively and that it is liable to be adjusted in future. The Committee would be grateful if the Government would continue supplying information on the application of the national classification of occupations and its impact on the application of the principle of equal remuneration.

3. The Committee notes that the Government's report does not reply to point 3 of its direct request. It therefore once again requests the Government to supply information on the application of the principle of equal remuneration to wages that are above the minimum wage.

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

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

1. In its previous comments, the Committee noted that the legislation in force (and particularly section 47 of Legislative Decree No. 507 of 1958, containing regulations on the labour law, and section 69(1) of the Rural Labour Code) appears to establish the principle of equal remuneration for men and women workers for the same work but not for work of equal value. The Committee notes the Government's reply that the principle of equal remuneration has been applied since 1979. The Committee once again points out that the relevant legislation appears to encompass the concept of equal wages only for the same work, which does not fully correspond to the principle of equal remuneration set out in the Convention.

2. In this connection, the Committee notes with interest the Government's indication that the national classification of occupations has been revised, with the help of technical co-operation from Portugal, and that it is currently going to press. The Committee also notes the information supplied by the Government that the application of the wage table, which has already been formulated, is awaiting the revisions and adjustments that must be made to the current wage scale within the context of the structural adjustment programme that is currently being implemented. The Committee requests the Government to indicate whether the new classification of occupations and the new wage table assist in giving effect to the principle of equal remuneration, as set out in the Convention, by attributing a value to the various jobs on the basis of an objective appraisal of them (see Article 3 of the Convention). The Committee requests the Government to supply a copy of the new national classification of occupations, a copy of the new wage table and information on the progress achieved in this respect. The Committee also requests the Government to indicate the occupations and sectors of the national economy to which the classification of occupations and the wage table are applied.

3. The Committee notes the Government's statement that the application of the principle of equal remuneration for wages that are higher than the minimum wages applicable in Sao Tome and Principe depends essentially, among other factors, on the degree of autonomy, responsibility and training, as well as the complexity of operations involved in the performance of each job. The Committee notes these explanations, which do not fully reply to the questions it raised previously concerning how effect is given in such cases to the principle of equal remuneration for work of equal value. The Committee hopes that the Government will supply information on this point in its next report.

4. Article 4 of the Convention. The Committee notes the Government's statement that the plan to establish an advisory committee of enterprise managers has been taken up again, that it is hoped that it will be put into practice in the near future and that ILO technical co-operation is being requested for this purpose. The Committee requests the Government to supply information on the progress achieved in setting up this advisory committee or on other means of associating employers with the application of the principle of equal remuneration.