Equal Remuneration Convention, 1951 (No. 100) - Djibouti (Ratification: 1978)

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes, from the Government’s report, the adoption of Act No. 221/AN/17/8ème L of 25 June 2018 amending and supplementing Act No. 133/AN/05/5ème of 28 January 2006 issuing the Labour Code. It notes with satisfaction that section 259(4) provides that “collective agreements cannot amend the provisions of the present Code relating to procedures for the application of the principle “equal pay for work of equal value” whatever the origin, sex and age of the worker”.

Application of the principle of equal remuneration for work of equal value. Public service. In reply to its previous comment, the Committee notes the Government’s general indication that there is no wage gap between men and women in the public sector. It notes, however, that the Government has not provided any information in response to its previous requests. The Committee therefore once again requests the Government to take the appropriate steps to:

• (i)collect data on the distribution of men and women in the public service and their respective rates of pay; and
• (ii)analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. TheCommittee also reminds the Government of the importance of examining the distribution of bonuses between men and women, inasmuch as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Article 2(2)(b).Minimum wages. With reference to its previous comments, the Committee notes the Government’s reply that Act No. 221/AN/17/8ème L of 25 June 2018 introduces a subparagraph to section 60 of the Labour Code which provides that “the guaranteed interoccupational minimum wage (SMIG) … shall be fixed at 35,000 Djiboutian francs (DJF)”. It notes that the minimum wage is therefore the same as that established by the collective agreement of 2012 for civil servants. The Committee notes with interest the establishment of a national minimum wage. The Committee requests the Government to indicate:

• (i)whether an adjustment of the SMIG is envisaged;
• (ii)whether minimum wages are also fixed at the sectoral and branch level; and
• (iii)if so, how it ensures in practice that, when these rates are fixed, jobs or occupations where women predominate are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the labour inspectorate has not found any cases of infringement of the principle of equal remuneration between men and women. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the 2012 General Survey on the fundamental Conventions, paragraphs 870 and 871). The Committee requests the Government to provide information:

• (i)any training activities provided to labour inspectors in relation to the principle of equal remuneration between men and women;
• (ii)on any preventive, advisory or enforcement activities carried out by the labour inspectorate to monitor the application of the labour legislation in relation to equal remuneration for men and women; and
• (iii)on the number of infringements recorded and the penalties imposed.

Statistics. The Committee notes the Government’s indication that it will communicate any relevant data once available. The Government also indicates, in its detailed report on the national-level review of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report), that the statistics available for the various economic sectors are not disaggregated by sex. However, the Committee notes the adoption of Act No. 26/AN/18/8ème L of 27 February 2019 on the establishment of the National Institute of Statistics of Djibouti (INDS), which replaces the former Directorate of Statistics and Demographic Studies (DISED). The Committee requests the Government to take the necessary steps to ensure the collection and analysis of data, disaggregated by sex, on the distribution of men and women in the labour market, by sector of activity, and on their respective pay levels in the public and private sectors. It requests the Government to:

• (i)provide information on progress made by the INDS to collect these data; and
• (ii)to communicate these data once they are available.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

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

The Committee notes with concern 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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2017.

Repetition

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

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

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Legislation. Since 2008, the Committee has been drawing the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL of 28 January 2006 issuing the Labour Code, which is concerned with the content of collective agreements, refers to the concept of “equal work” and not to “work of equal value”. In this regard, the Committee recalls that the concept of “work of equal value” is fundamental as it permits a broad scope of comparison, covering “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee notes the Government’s indication in its report that a bill partially amending Act No. 133/AN/05/5èmeL has been drawn up and was due to be submitted to the National Council for Labour, Employment and Social Security (CONTESS) in April 2016. The Committee is aware that the meetings of this tripartite body resumed in November 2016 in order to examine draft legislation aimed at amending and applying the Labour Code in various areas. The Committee trusts that the Government will take the opportunity provided by the partial revision of the Labour Code, in consultation with CONTESS, to amend section 259(4), replacing the expression “equal work” with “work of equal value”, in accordance both with section 137 of the Labour Code, which provides that there shall be equal wages for work of equal value for all workers regardless of their … sex, and with the principle established by the Convention.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes that the Government reaffirms that the civil service pay scales are free from gender bias since they are established by Decree No. 89-062/PRE concerning the particular status of officials and apply to persons recruited on the basis of their profile, training, qualifications and seniority, regardless of sex. The Committee would again like to draw the Government’s attention to the fact that pay inequalities or gender bias may result from pay scales themselves, even if they apply without distinction to male and female civil servants. When these pay scales are established, certain criteria used to evaluate and classify duties may favour male workers, in as much as traditionally “male” factors, such as physical effort, are still overvalued by comparison with factors relating to traditionally “female” occupations, such as care work. Where tasks are largely performed by women, the frequent undervaluation thereof results in an undervaluation of the posts in question and consequent pay inequalities to the detriment of women. Hence, when posts are classified for the purpose of establishing pay scales, it is essential that the method used for evaluating the tasks attached to the posts is based on a set of weighted objective criteria, such as qualifications (knowledge and skills), responsibility and effort (physical, mental, emotional) required by the post, and the conditions in which the work is performed (physical environment, psychological conditions). In the light of the above and in the absence of data on the distribution of men and women in the public service and their respective rates of pay, the Committee requests the Government to take the appropriate steps to collect and analyse these data to determine whether or not there is a gender pay gap in the public service and, if so, to take corrective action. The Committee also requests the Government to examine the distribution of bonuses between men and women, in as much as they may constitute a significant proportion of pay and, as such, be a source of inequalities.

Minimum wages. The Committee recalls the importance of the role of the minimum wage in reducing the gender pay gap. In view of the fact that there are often more women in low-paid jobs and that a uniform national minimum wage system helps to increase the income of the lowest-paid workers, this affects the link between men’s and women’s wages and has an impact on reducing the gender wage gap. The Committee notes the Government’s indication that eight interoccupational collective agreements or enterprise agreements in different branches of activity have been renegotiated. Having noted the examination by CONTESS of the issue of the minimum wage at the end of 2016, the Committee requests the Government to provide information on the fixing of the minimum wage at national, sectoral and branch level and to indicate how it ensures in practice that, when minimum wage rates are fixed in various sectors or branches, jobs or occupations predominantly performed by women are not undervalued in relation to jobs mainly performed by men.

Enforcement. Labour inspection. The Committee notes that, according to the Government’s report, no cases of pay discrimination have been reported by the labour inspectorate. Welcoming the training held in January 2016 for labour inspectors on the principle established by the Convention, the Committee hopes that it will enhance their activities of prevention and enforcement of the labour legislation in relation to gender pay equality. The Committee requests the Government to continue providing information on any prevention, advisory and enforcement activities performed by the labour inspectorate in this field.

Statistics. The Committee welcomes the communication by the Government of the “Statistical yearbook of Djibouti” (2012 edition). It notes the statistical data on occupation and unemployment rates in 2009 for men (44.5 per cent and 55.5 per cent, respectively) and for women (29.4 per cent and 70.6 per cent, respectively). The Committee notes that the yearbook does not contain any data on the distribution of men and women in the various sectors of activity or on rates of pay. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, are collected and analysed in future in relation to the distribution of men and women in the labour market by sector of activity, and to their respective rates of pay in the public and private sectors. It requests the Government to send these data as soon as they are available.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee drew the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL issuing the Labour Code, which states that collective agreements cannot modify the provisions of the Code concerning modalities for application of the principle of “equal pay for equal work” regardless of the origin, sex or age of the worker, is not in conformity with the principle established by the Convention. The Committee notes the Government’s indication that a drafting error occurred and that it would take the necessary steps to amend this section and align it with section 137 of the Labour Code stipulating equal pay for work of equal value for all workers, regardless of origin, sex, age, status or religious denomination. The Committee notes that the bill partially amending Act No. 133/AN/05/5èmeL issuing the Labour Code was submitted to the National Council for Labour, Employment and Social Security (CONTESS). The Committee requests the Government to provide information on the progress of the legislative procedure and trusts that the amendments will bring section 259(4) into line with the Convention and section 137.

Minimum wages. The Committee notes the Government’s indication that the inter-occupational agreements fixing minimum wages are being renegotiated, that they were submitted to CONTESS in December 2012, and that they must take account of the minimum wage of 35,000 Djiboutian francs (DJF) in their various pay scales. It also notes that, according to the Government’s report, the minimum wage for civil servants was increased to DJF35,000 under the new collective agreement signed on 26 December 2012. Recalling that the fixing of minimum wage rates can contribute significantly to the application of the principle of equal remuneration, the Committee requests the Government to indicate how it ensures that, in practice, when fixing minimum wage rates in sectors or occupations where women predominate, work is not undervalued. It requests the Government to clarify whether specific methods are applied to ensure an objective evaluation of different jobs and to establish pay scales. The Government is also requested to provide information on the steps taken to promote the principle of equal remuneration for men and women for work of equal value, as established by the Convention and by section 137 of the Labour Code, among workers, employers and their organizations, and to send a copy of the wage clauses in the inter occupational agreements which are being renegotiated.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes the Government’s indication that civil service pay is determined by specific salary scales for civil servants, regardless of sex, on the basis of factors such as profile, training, qualifications and seniority. The Committee reminds the Government, however, that, despite the existence of salary scales applicable to all civil servants, regardless of sex, indirect discrimination can occur in the public service. Pay discrimination may result from inequalities in the payment of certain additional pay benefits (job-related allowances in cash or in kind) or from inequalities in access to certain benefits. It may also stem from factors used to classify posts and establish pay scales, particularly from the undervaluation of certain tasks. Where these tasks are predominantly performed by women, undervaluation thereof causes undervaluation of the posts in question and consequent pay inequalities to the detriment of women. The principle of equal remuneration for men and women for work of equal value requires that the factors chosen for comparing tasks largely performed by men with tasks largely performed by women are objective and free from gender bias. The Committee requests the Government to indicate the manner in which it ensures that the principle of equal remuneration for men and women for work of equal value is applied effectively. It encourages the Government to consider adopting measures to ensure that post classifications and pay scales are free from gender bias and that posts largely occupied by women are not undervalued.

Enforcement. Labour inspection. The Committee requests the Government to provide information on the manner in which labour inspectors enforce labour legislation relating to gender pay equality, including the number of cases of pay discrimination dealt with, and on any preventive or advisory activity carried out by the labour inspectorate in this field.

Statistics. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, relating to the situation of men and women in the labour market and their respective remuneration in the public and private sectors are collected and analysed. It requests the Government to forward these data as soon as they are available.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee drew the Government’s attention to the fact that section 259(4) of Act No. 133/AN/05/5èmeL issuing the Labour Code, which states that collective agreements cannot modify the provisions of the Code concerning modalities for application of the principle of “equal pay for equal work” regardless of the origin, sex or age of the worker, is not in conformity with the principle established by the Convention. The Committee notes the Government’s indication that a drafting error occurred and that it would take the necessary steps to amend this section and align it with section 137 of the Labour Code stipulating equal pay for work of equal value for all workers, regardless of origin, sex, age, status or religious denomination. The Committee notes that the bill partially amending Act No. 133/AN/05/5èmeL issuing the Labour Code will be submitted to the next meeting of the National Council for Labour, Employment and Social Security (CONTESS). The Committee requests the Government to provide information on the progress of the legislative procedure and trusts that the amendments will bring section 259(4) into line with the Convention and section 137.

Minimum wages. The Committee notes the Government’s indication that the inter-occupational agreements fixing minimum wages are being renegotiated, that they were submitted to CONTESS in December 2012, and that they must take account of the minimum wage of 35,000 Djiboutian francs (DJF) in their various pay scales. It also notes that, according to the Government’s report, the minimum wage for civil servants was increased to DJF35,000 under the new collective agreement signed on 26 December 2012. Recalling that the fixing of minimum wage rates can contribute significantly to the application of the principle of equal remuneration, the Committee requests the Government to indicate how it ensures that, in practice, when fixing minimum wage rates in sectors or occupations where women predominate, work is not undervalued. It requests the Government to clarify whether specific methods are applied to ensure an objective evaluation of different jobs and to establish pay scales. The Government is also requested to provide information on the steps taken to promote the principle of equal remuneration for men and women for work of equal value, as established by the Convention and by section 137 of the Labour Code, among workers, employers and their organizations, and to send a copy of the wage clauses in the inter-occupational agreements which are being renegotiated.

Application of the principle of equal remuneration for work of equal value. Public service. The Committee notes the Government’s indication that civil service pay is determined by specific salary scales for civil servants, regardless of sex, on the basis of factors such as profile, training, qualifications and seniority. The Committee reminds the Government, however, that, despite the existence of salary scales applicable to all civil servants, regardless of sex, indirect discrimination can occur in the public service. Pay discrimination may result from inequalities in the payment of certain additional pay benefits (job-related allowances in cash or in kind) or from inequalities in access to certain benefits. It may also stem from factors used to classify posts and establish pay scales, particularly from the undervaluation of certain tasks. Where these tasks are predominantly performed by women, undervaluation thereof causes undervaluation of the posts in question and consequent pay inequalities to the detriment of women. The principle of equal remuneration for men and women for work of equal value requires that the factors chosen for comparing tasks largely performed by men with tasks largely performed by women are objective and free from gender bias. The Committee requests the Government to indicate the manner in which it ensures that the principle of equal remuneration for men and women for work of equal value is applied effectively. It encourages the Government to consider adopting measures to ensure that post classifications and pay scales are free from gender bias and that posts largely occupied by women are not undervalued.

Enforcement. Labour inspection. The Committee requests the Government to provide information on the manner in which labour inspectors enforce labour legislation relating to gender pay equality, including the number of cases of pay discrimination dealt with, and on any preventive or advisory activity carried out by the labour inspectorate in this field.

Statistics. The Committee requests the Government to take the necessary steps to ensure that data, disaggregated by sex, relating to the situation of men and women in the labour market and their respective remuneration in the public and private sectors are collected and analysed. It requests the Government to forward these data as soon as they are available.

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

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

Article 2(c) of the Convention. Collective bargaining. The Committee notes the comments concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. According to the UGTD, there exists a minimum level of remuneration for the different occupational categories, as provided for in different collective agreements and workplace agreements. The Committee would appreciate receiving information on how this minimum level is determined and on how the principle of equal remuneration for men and women for work of equal value is taken into account in this context.

Article 3. Objective job evaluation. Further to its observation concerning section 137 of the Labour Code which provides that an equal salary is due for work of equal value, irrespective of the workers’ origin, sex, age, status or religion, the Committee notes the UGTD’s statement that the equal pay provisions of the Labour Code recognized that an equitable salary must be paid, corresponding to the physical effort made. The Committee wishes to point out that the principle of equal remuneration for men and women for work of equal value requires that the criteria selected for comparing work performed by men and women are non-discriminatory and free from gender bias. In this regard, it is important that, when occupational categories where the majority of workers are women are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria is used, such as skills, responsibility, working conditions, and effort. When the criterion of effort is being used, it should always include both physical and mental effort. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods, including in the context of collective bargaining.

Statistical data. The Committee notes that the Government has not yet provided statistical information regarding the earnings of men and women in the labour market. The Committee reiterates that the collection and analysis of such information is an important tool to assess the progress made in the application of the Convention. The Committee urges the Government to take the steps necessary, in the context of improving the country’s labour market information system, so that appropriate data on remuneration, disaggregated by sex are being collected and processed. The Committee asks the Government to provide the requested statistical data as soon as possible.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Legislative developments. ... The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(2)(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention. The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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

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

Direct Request (CEACR) - adopted 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

Article 2(c) of the Convention. Collective bargaining. The Committee notes the comments concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. According to the UGTD, there exists a minimum level of remuneration for the different occupational categories, as provided for in different collective agreements and workplace agreements. The Committee would appreciate receiving information on how this minimum level is determined and on how the principle of equal remuneration for men and women for work of equal value is taken into account in this context.

Article 3. Objective job evaluation. Further to its observation concerning section 137 of the new Labour Code which provides that an equal salary is due for work of equal value, irrespective of the workers’ origin, sex, age, status or religion, the Committee notes the UGTD’s statement that the equal pay provisions of the new Labour Code recognized that an equitable salary must be paid, corresponding to the physical effort made. The Committee wishes to point out that the principle of equal remuneration for men and women for work of equal value requires that the criteria selected for comparing work performed by men and women are non-discriminatory and free from gender bias. In this regard, it is important that, when occupational categories where the majority of workers are women are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria is used, such as skills, responsibility, working conditions, and effort. When the criterion of effort is being used, it should always include both physical and mental effort. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods, including in the context of collective bargaining.

Statistical data. The Committee notes that the Government has not yet provided statistical information regarding the earnings of men and women in the labour market. The Committee reiterates that the collection and analysis of such information is an important tool to assess the progress made in the application of the Convention. The Committee urges the Government to take the steps necessary, in the context of improving the country’s labour market information system, so that appropriate data on remuneration, disaggregated by sex are being collected and processed. The Committee asks the Government to provide the requested statistical data as soon as possible.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Articles 1 and 2 of the Convention. Legislative developments. ... The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the new Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the new Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention. The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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

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

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

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:

Article 2(c) of the Convention. Collective bargaining. The Committee notes the comments concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. According to the UGTD, there exists a minimum level of remuneration for the different occupational categories, as provided for in different collective agreements and workplace agreements. The Committee would appreciate receiving information on how this minimum level is determined and on how the principle of equal remuneration for men and women for work of equal value is taken into account in this context.

Article 4. Objective job evaluation. Further to its observation concerning section 137 of the new Labour Code which provides that an equal salary is due for work of equal value, irrespective of the workers’ origin, sex, age, status or religion, the Committee notes the UGTD’s statement that the equal pay provisions of the new Labour Code recognized that an equitable salary must be paid, corresponding to the physical effort made. The Committee wishes to point out that the principle of equal remuneration for men and women for work of equal value requires that the criteria selected for comparing work performed by men and women are non-discriminatory and free from gender bias. In this regard, it is important that, when occupational categories where the majority of workers are women are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria is used, such as skills, responsibility, working conditions, and effort. When the criterion of effort is being used, it should always include both physical and mental effort. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods, including in the context of collective bargaining.

Statistical data. The Committee notes that the Government has not yet provided statistical information regarding the earnings of men and women in the labour market. The Committee reiterates that the collection and analysis of such information is an important tool to assess the progress made in the application of the Convention. The Committee urges the Government to take the steps necessary, in the context of improving the country’s labour market information system, so that appropriate data on remuneration, disaggregated by sex are being collected and processed. The Committee asks the Government to provide the requested statistical data as soon as possible.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. ... The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the new Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the new Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention. The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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

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

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

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:

Article 2(c) of the Convention. Collective bargaining. The Committee notes the comments concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. According to the UGTD, there exists a minimum level of remuneration for the different occupational categories, as provided for in different collective agreements and workplace agreements. The Committee would appreciate receiving information on how this minimum level is determined and on how the principle of equal remuneration for men and women for work of equal value is taken into account in this context.

Article 4. Objective job evaluation. Further to its observation concerning section 137 of the new Labour Code which provides that an equal salary is due for work of equal value, irrespective of the workers’ origin, sex, age, status or religion, the Committee notes the UGTD’s statement that the equal pay provisions of the new Labour Code recognized that an equitable salary must be paid, corresponding to the physical effort made. The Committee wishes to point out that the principle of equal remuneration for men and women for work of equal value requires that the criteria selected for comparing work performed by men and women are non-discriminatory and free from gender bias. In this regard, it is important that, when occupational categories where the majority of workers are women are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria is used, such as skills, responsibility, working conditions, and effort. When the criterion of effort is being used, it should always include both physical and mental effort. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods, including in the context of collective bargaining.

Statistical data. The Committee notes that the Government has not yet provided statistical information regarding the earnings of men and women in the labour market. The Committee reiterates that the collection and analysis of such information is an important tool to assess the progress made in the application of the Convention. The Committee urges the Government to take the steps necessary, in the context of improving the country’s labour market information system, so that appropriate data on remuneration, disaggregated by sex are being collected and processed. The Committee asks the Government to provide the requested statistical data as soon as possible.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read in relevant parts as follows:

Articles 1 and 2 of the Convention. Legislative developments. ... The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the new Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the new Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention.  The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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 very near future.

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

Article 2(c) of the Convention. Collective bargaining. The Committee notes the comments concerning the application of the Convention made by the General Union of Djibouti Workers (UGTD) in their communication dated 11 August 2007. According to the UGTD there exists a minimum level of remuneration  for the different occupational categories, as provided for in different collective agreements and workplace agreements. The Committee would appreciate receiving information on how this minimum level is determined and on how the principle of equal remuneration for men and women for work of equal value is taken into account in this context.

Article 4. Objective job evaluation. Further to its observation concerning section 137 of the new Labour Code which provides that an equal salary is due for work of equal value, irrespective of the workers’ origin, sex, age, status or religion, the Committee notes the UGTD’s statement that the equal pay provisions of the new Labour Code recognized that an equitable salary must be paid, corresponding to the physical effort made. The Committee wishes to point out that the principle of equal remuneration for men and women for work of equal value requires that the criteria selected for comparing work performed by men and women are non-discriminatory and free from gender-bias. In this regard, it is important that, when occupational categories where the majority of workers are women are being compared with occupational categories where the majority of workers are men, an appropriate set of objective criteria is used, such as skills, responsibility, working conditions, and effort. When the criteria of effort is being used, it should always include both physical and mental effort. The Committee asks the Government to provide information on the measures taken or envisaged to promote the development and use of objective job evaluation methods, including in the context of collective bargaining.

Statistical data. The Committee notes that the Government has not yet provided statistical information regarding the earnings of men and women in the labour market. The Committee reiterates that the collection and analysis of such information is an important tool to assess the progress made in the application of the Convention. The Committee urges the Government to take the steps necessary, in the context of improving the country’s labour market information system, so that appropriate data on remuneration, disaggregated by sex are being collected and processed. The Committee asks the Government to provide the requested statistical data as soon as possible.

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes with satisfaction that the new Labour Code (Act No. 1337AN/05/5ieme of 28 January 2006) provides in section 137 that an equal salary is due for work of equal value, irrespective of workers’ origin, sex, age, status or religion. Section 136 defines the term “salary” as including the basic salary, irrespective of its denomination and method of calculation, and any other emoluments whatsoever payable directly or indirectly, whether in cash or in kind by the employer and arising out of the worker’s employment. Section 289 provides for the payment of fines from FD500,000 to FD1,000,000 for violations of section 137. The Committee asks the Government to provide information on the implementation and enforcement of section 137 of the new Labour Code, including information on the measures taken or envisaged to raise awareness of these provisions among workers and employers and their representatives and public officials responsible for the enforcement of the labour legislation. In this regard, the Committee also asks the Government to provide information on whether any cases concerning section 137 have been dealt with by the responsible authorities and the manner in which they have been resolved, including any remedies provided or sanctions imposed.

Article 2(c). Collective bargaining. The Committee notes from the Government’s report that salaries in the private sector are determined by way of collective agreements. Section 258 of the new Labour Code provides that collective agreements may determine the salary applicable to each occupational category. Section 259(4) provides that collective agreements cannot change the modalities of the application of the principle of “equal salary for equal work”, irrespective of the origin, sex or age of the worker. The Committee notes that section 259 is not in conformity with the Convention as it refers to equal salary for equal work rather than to equal salary for work of equal value, and is also at variance with section 137 of the Labour Code. The Committee asks the Government to take the steps necessary to amend section 259(4) to bring it into alignment with the provisions of section 137 and to bring it into conformity with the Convention.  The Committee also asks the Government to provide examples of collective agreements, as well as indications as to how the agreements implement the principle of equal remuneration for men and women for work of equal value.

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

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

The Committee notes that the Government’s report has not been received. The Committee notes the communication by the General Union of Djibouti Workers, received 23 August 2007, which has been sent to the Government for comments. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows.

1. The Committee notes from the report the Government’s intention to adopt a new Labour Code. Noting that the Government has repeatedly expressed the intention in its reports since 1983 to revise its labour legislation, the Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided in the Convention. The Committee also hopes that the legislation will explicitly provide that all benefits, such as transport expenses, are to be applied to men and women workers on an equal basis.

2. The Committee refers to its previous comments and asks the Government to supply information on the manner in which it ensures that the principle of equal remuneration for men and women workers for work of equal value is applied to workers in the public sector, including civil servants. The Committee asks the Government to supply copies of public sector wage scales with its next report.

3. The Committee notes that section 31 of Act No. 140/AN/97/3rd L of 23 September 1997, amending the Labour Code of 1952, abolishes the minimum wage and provides that wages are to be set through an agreement at the enterprise level, a collective agreement or an agreement between the parties. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention and notes the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee asks the Government to indicate how the implementation of the Convention will be assured in this new wage-fixing process and asks the Government to supply with its next report any agreement that has been reached pursuant to this section on the establishment of wages. The Committee also refers to its comments made under Convention No. 26.

4. The Committee notes the creation of a new ministry in 1999 entrusted with promoting women workers’ access to the labour market and their employment conditions. The Committee asks the Government to keep it informed of any promotional activities undertaken to ensure equal remuneration for men and women workers for work of equal value. In this regard, the Committee notes the Government’s interest in undertaking a survey on the pay of men and women and its request to the Office for technical assistance to carry out this activity. The Committee hopes such assistance will be provided and that the results of the survey will be used to promote the application of the Convention.

5. The Committee notes the statistical information published by the National Employment Service in January 2000 concerning the numbers of jobseekers, hired workers and foreign workers, showing that women constituted 25.16 per cent of the total number of jobseekers in 1999. In its general observation of 1998, the Committee indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore hopes that the abovementioned survey will be able to provide the data that are indicated in the general observation as being necessary for a full assessment of the application of the Convention.

6. The Committee notes that the Government omitted to supply copies of the study on the situation of women in the economy and vocational training, carried out in cooperation with the United Nations Development Programme in August 2000, and the training on gender and development carried out in collaboration with the United Nations Development Programme and the United Nations Population Fund in September 1999. The Committee requests the Government to provide copies of the above studies with its next report.

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

The Committee notes with regret that the Government’s report repeats word for word the information provided in its previous report and does not reply to any of the Committee’s earlier comments. The Committee also notes that the Government will submit as soon as possible the annexes referred to in its report. The Committee looks forward to receiving these materials and hopes the Government’s next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the report the Government’s intention to adopt a new Labour Code. Noting that the Government has repeatedly expressed the intention in its reports since 1983 to revise its labour legislation, the Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided in the Convention. The Committee also hopes that the legislation will explicitly provide that all benefits, such as transport expenses, are to be applied to men and women workers on an equal basis.

2. The Committee refers to its previous comments and asks the Government to supply information on the manner in which it ensures that the principle of equal remuneration for men and women workers for work of equal value is applied to workers in the public sector, including civil servants. The Committee asks the Government to supply copies of public sector wage scales with its next report.

3. The Committee notes that section 31 of Act No. 140/AN/97/3rd L of 23 September 1997, amending the Labour Code of 1952, abolishes the minimum wage and provides that wages are to be set through an agreement at the enterprise level, a collective agreement or an agreement between the parties. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention and notes the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. It asks the Government to indicate how the implementation of the Convention will be assured in this new wage-fixing process and asks the Government to supply with its next report any agreement that has been reached pursuant to this section on the establishment of wages. The Committee also refers to its comments made under Convention No. 26.

4. The Committee notes the creation of a new Ministry in 1999 entrusted with promoting women workers’ access to the labour market and their employment conditions. The Committee asks the Government to keep it informed of any promotional activities undertaken to ensure equal remuneration for men and women workers for work of equal value. In this regard, the Committee notes the Government’s interest in undertaking a survey on the pay of men and women and its request to the Office for technical assistance to carry out this activity. The Committee hopes such assistance will be provided and that the results of the survey will be used to promote the application of the Convention.

5. The Committee notes the statistical information published by the National Employment Service in January 2000 concerning the numbers of jobseekers, hired workers and foreign workers, showing that women constituted 25.16 per cent of the total number of jobseekers in 1999. In its general observation of 1998, the Committee indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore hopes that the abovementioned survey will be able to provide the data that are indicated in the general observation as being necessary for a full assessment of the application of the Convention.

6. The Committee notes that the Government omitted to supply copies of the study on the situation of women in the economy and vocational training, carried out in cooperation with the United Nations Development Programme in August 2000, and the training on gender and development carried out in collaboration with the United Nations Development Programme and the United Nations Population Fund in September 1999. The Committee requests the Government to provide copies of the above studies with its next report.

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

The Committee notes with regret that the Government’s report contains no reply to its previous comments, and that no documents and statistical data have been attached to the report as indicated. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the report the Government’s intention to adopt a new Labour Code. Noting that the Government has repeatedly expressed the intention in its reports since 1983 to revise its labour legislation, the Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided in the Convention. The Committee also hopes that the legislation will explicitly provide that all benefits, such as transport expenses, are to be applied to men and women workers on an equal basis.

2. The Committee refers to its previous comments and asks the Government to supply information on the manner in which it ensures that the principle of equal remuneration for men and women workers for work of equal value is applied to workers in the public sector, including civil servants. The Committee asks the Government to supply copies of public sector wage scales with its next report.

3. The Committee notes that section 31 of Act No. 140/AN/97/3rd L of 23 September 1997, amending the Labour Code of 1952, abolishes the minimum wage and provides that wages are to be set through an agreement at the enterprise level, a collective agreement or an agreement between the parties. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention and notes the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. It asks the Government to indicate how the implementation of the Convention will be assured in this new wage-fixing process and asks the Government to supply with its next report any agreement that has been reached pursuant to this section on the establishment of wages. The Committee also refers to its comments made under Convention No. 26.

4. The Committee notes the creation of a new Ministry in 1999 entrusted with promoting women workers’ access to the labour market and their employment conditions. The Committee asks the Government to keep it informed of any promotional activities undertaken to ensure equal remuneration for men and women workers for work of equal value. In this regard, the Committee notes the Government’s interest in undertaking a survey on the pay of men and women and its request to the Office for technical assistance to carry out this activity. The Committee hopes such assistance will be provided and that the results of the survey will be used to promote the application of the Convention.

5. The Committee notes the statistical information published by the National Employment Service in January 2000 concerning the numbers of jobseekers, hired workers and foreign workers, showing that women constituted 25.16 per cent of the total number of jobseekers in 1999. In its general observation of 1998, the Committee indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore hopes that the abovementioned survey will be able to provide the data that are indicated in the general observation as being necessary for a full assessment of the application of the Convention.

6. The Committee notes that the Government omitted to supply copies of the study on the situation of women in the economy and vocational training, carried out in cooperation with the United Nations Development Programme in August 2000, and the training on gender and development carried out in collaboration with the United Nations Development Programme and the United Nations Population Fund in September 1999. The Committee requests the Government to provide copies of the above studies with its next report.

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

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

1. The Committee notes from the report the Government’s intention to adopt a new Labour Code. Noting that the Government has repeatedly expressed the intention in its reports since 1983 to revise its labour legislation, the Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided in the Convention. The Committee also hopes that the legislation will explicitly provide that all benefits, such as transport expenses, are to be applied to men and women workers on an equal basis.

2. The Committee refers to its previous comments and asks the Government to supply information on the manner in which it ensures that the principle of equal remuneration for men and women workers for work of equal value is applied to workers in the public sector, including civil servants. The Committee asks the Government to supply copies of public sector wage scales with its next report.

3. The Committee notes that section 31 of Act No. 140/AN/97/3rd L of 23 September 1997, amending the Labour Code of 1952, abolishes the minimum wage and provides that wages are to be set through an agreement at the enterprise level, a collective agreement or an agreement between the parties. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention and notes the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. It asks the Government to indicate how the implementation of the Convention will be assured in this new wage-fixing process and asks the Government to supply with its next report any agreement that has been reached pursuant to this section on the establishment of wages. The Committee also refers to its comments made under Convention No. 26.

4. The Committee notes the creation of a new Ministry in 1999 entrusted with promoting women workers’ access to the labour market and their employment conditions. The Committee asks the Government to keep it informed of any promotional activities undertaken to ensure equal remuneration for men and women workers for work of equal value. In this regard, the Committee notes the Government’s interest in undertaking a survey on the pay of men and women and its request to the Office for technical assistance to carry out this activity. The Committee hopes such assistance will be provided and that the results of the survey will be used to promote the application of the Convention.

5. The Committee notes the statistical information published by the National Employment Service in January 2000 concerning the numbers of jobseekers, hired workers and foreign workers, showing that women constituted 25.16 per cent of the total number of jobseekers in 1999. In its general observation of 1998, the Committee indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore hopes that the abovementioned survey will be able to provide the data that are indicated in the general observation as being necessary for a full assessment of the application of the Convention.

6. The Committee notes that the Government omitted to supply copies of the study on the situation of women in the economy and vocational training, carried out in cooperation with the United Nations Development Programme in August 2000, and the training on gender and development carried out in collaboration with the United Nations Development Programme and the United Nations Population Fund in September 1999. The Committee requests the Government to provide copies of the above studies with its next report.

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

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

1. The Committee notes from the report the Government’s intention to adopt a new Labour Code. Noting that the Government has repeatedly expressed the intention in its reports since 1983 to revise its labour legislation, the Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure legislative conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided in the Convention. The Committee also hopes that the legislation will explicitly provide that all benefits, such as transport expenses, are to be applied to men and women workers on an equal basis.

2. The Committee refers to its previous comments and asks the Government to supply information on the manner in which it ensures that the principle of equal remuneration for men and women workers for work of equal value is applied to workers in the public sector, including civil servants. The Committee asks the Government to supply copies of public sector wage scales with its next report.

3. The Committee notes that section 31 of Act No. 140/AN/97/3rd L of 23 September 1997, amending the Labour Code of 1952, abolishes the minimum wage and provides that wages are to be set through an agreement at the enterprise level, a collective agreement or an agreement between the parties. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention and notes the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. It asks the Government to indicate how the implementation of the Convention will be assured in this new wage-fixing process and asks the Government to supply with its next report any agreement that has been reached pursuant to this section on the establishment of wages. The Committee also refers to its comments made under Convention No. 26.

4. The Committee notes the creation of a new Ministry in 1999 entrusted with promoting women workers’ access to the labour market and their employment conditions. The Committee asks the Government to keep it informed of any promotional activities undertaken to ensure equal remuneration for men and women workers for work of equal value. In this regard, the Committee notes the Government’s interest in undertaking a survey on the pay of men and women and its request to the Office for technical assistance to carry out this activity. The Committee hopes such assistance will be provided and that the results of the survey will be used to promote the application of the Convention.

5. The Committee notes the statistical information published by the National Employment Service in January 2000 concerning the numbers of jobseekers, hired workers and foreign workers, showing that women constituted 25.16 per cent of the total number of jobseekers in 1999. In its general observation of 1998, the Committee indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. The Committee therefore hopes that the abovementioned survey will be able to provide the data that are indicated in the general observation as being necessary for a full assessment of the application of the Convention.

6. The Committee notes that the Government omitted to supply copies of the study on the situation of women in the economy and vocational training, carried out in cooperation with the United Nations Development Programme in August 2000, and the training on gender and development carried out in collaboration with the United Nations Development Programme and the United Nations Population Fund in September 1999. The Committee requests the Government to provide copies of the above studies with its next report.

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

The Committee notes with interest that, on 2 December 1998, the Government ratified the United Nations Convention on the Elimination of All Forms of Discrimination against Women, which requires ratifying States to promote equal remuneration for work of equal value and thus is seen as a recommitment to the implementation of Convention No. 100.

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

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

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 recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its General Survey of 1986 on equal remuneration.

2. In its previous comments, the Committee noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG of 1966, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equal remuneration for men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its 1989 report, the Government provided the same statistics on the number of complaints regarding non-observance of provisions concerning remuneration as it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned non-observance of the principle of equal remuneration for men and women workers, and if so, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

The Committee notes with regret that for the sixth consecutive year the Government's report has not been received. It must therefore reiterate the points made in its previous comments in a new direct request which concerns the revision of legislation and conclusion of collective agreements to include the principle of equal pay for work of equal value, and which seeks to obtain information on the practical application of the Convention. It hopes that the Government will not fail to take the necessary measures and to provide the information requested.

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:

1. The Committee recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its General Survey of 1986 on equal remuneration.

2. In its previous comments, the Committee noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG of 1966, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equal remuneration for men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its 1989 report, the Government provided the same statistics on the number of complaints regarding non-observance of provisions concerning remuneration as it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned non-observance of the principle of equal remuneration for men and women workers, and if so, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes that the Government's report does not contain any new information in reply to previous direct requests, and must therefore reiterate the questions in a new direct request. It hopes that the Government will not fail to take the necessary measures and to provide the information requested.

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

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

The Committee notes that the Government's report does not contain a specific reply to the comments the Committee has been making since 1984 and limits itself to reaffirming that labour legislation in the Republic of Djibouti makes no distinction in regard to remuneration according to the worker's sex. The Committee therefore requests the Government to supply in its next report detailed information on the points raised in previous direct requests which read as follows:

1. The Committee recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its General Survey of 1986 on equal remuneration.

2. In its previous comments, the Committee noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG of 1966, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equal remuneration for men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its 1989 report, the Government provided the same statistics on the number of complaints regarding non-observance of provisions concerning remuneration as it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned non-observance of the principle of equal remuneration for men and women workers, and if so, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

The Committee notes that the Government's report does not contain any new information in reply to previous direct requests, and must therefore reiterate the question in a new direct request. It hopes that the Government will not fail to take the necessary measures and to provide the information requested.

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

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 recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its General Survey of 1986 on equal remuneration.

2. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its report of 1989, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

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 recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its report of 1989, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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 recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its report of 1989, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

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

1. The Committee recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognized the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

3. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

4. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

5. In its report of 1989, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. The Committee again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

The Committee notes that the Government's report due for 1991 has not been received and that the report, sent but not requested, contained no response to the Committee's direct request. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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

2. The Committee recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

3. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognised the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

4. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

5. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

6. In its report, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. It again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.

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

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

2. The Committee recalls that for some years it has been referring to Order No. 66/24/SPCG of 29 March 1966 (as amended), which regulates the general conditions of employment of workers in commerce, construction and workshops. The Committee refers to section 19 of this Order, which provides for equal remuneration in equal conditions of work, when vocational qualifications and output are also equal. It notes that the Government has repeated the statement made in its reports since 1983 that it intends to revise this legislation, and that in doing so it will take account of the principle of equal remuneration for work of equal value as provided in Article 2 of the Convention. The Committee therefore again expresses the hope that the Government will be able to indicate in its next report that steps have been taken for this purpose, and refers to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

3. In its previous comments, the Committee had noted that only the collective agreement applicable to public employees who are not civil servants contains a provision providing for equal remuneration (and that this provision was, in fact, identical to section 19 of Order No. 66/24/SPCG). It notes that the Government has recognised the necessity of inserting this principle in other collective agreements, but notes also the difficulties mentioned by the Government in renegotiating collective agreements. The Committee nevertheless hopes that it will be possible to take the necessary measures in the near future and requests the Government to indicate in its next report what progress has been achieved so far.

4. In its previous comments, the Committee had noted that Order No. 75/333/SGCG of 28 February 1975, supplementing Order No. 66/24/SPCG, provides in section 5 that it is compulsory for employers to provide workers, their spouses and children with certain transport expenses, and it requested the Government to indicate whether this provision also applies to women workers and their spouses. The Government had indicated in reply that this provision also applies to women workers and their spouses. The Committee again expresses the hope that when the Order is revised it will be possible to include an explicit provision in national legislation and also in the collective agreements concerned to this effect, in accordance with Article 1(a) of the Convention, as the Government has stated its intention of doing. Please indicate what steps have now been taken for this purpose.

5. The Committee notes the statement in the report, in reply to its previous request, that the classification of workers by occupational categories contained in Order No. 66/24/SPCG and in the collective agreements, was established on the basis of an objective appraisal of jobs on the basis of work to be performed. It also notes the statement that the application of the principle of equality of remuneration between men and women is based on section 19 of the Order. The Committee recalls that it had asked for information on how effect is given in practice to the principle of equal remuneration for men and women in the case of wages above the minimum rates laid down in the legislation or in collective agreements, particularly in sectors employing a large number of women workers. It also refers to its comments above on section 19 of the Order, and again requests the Government to provide information in this respect.

6. In its report, the Government provided the same statistics on the number of complaints regarding the non-observance of provisions concerning remuneration that it had provided in earlier reports. It again requests the Government to state whether these complaints concerned the non-observance of the principle of equal remuneration for men and women workers, and if this is the case, to provide information on the action taken on them. Please also supply in this case copies of reports or judicial decisions handed down. Finally, the Committee hopes that the Government will also be able to provide more recent statistics in this regard.