Equal Remuneration Convention, 1951 (No. 100) - Congo (Ratification: 1999)

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

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes, from the 2020 Human Development Report from the United Nations Development Programme (UNDP), that female participation in the labour market remains low at 46.7 percent. Furthermore, the income inequality Gini coefficient is estimated at 0.489. The Committee notes that, in its 2019 National-Level Review Report on the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing + 25), the Government specifically highlights that the lack of sex-disaggregated data and reliable data on gender disparities hinders gender promotion and equality (page 5). It notes that a National Gender Policy was adopted in June 2017 together with an Action Plan for 2017-2021. The policy is based on five strategic priorities, among which the consolidation of gender equality and the empowerment of women, as well as the strengthening of the role and position of women and girls in the economy and employment. It notes however that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) expressed concern about: (1) the low enrolment and high dropout rates among girls in secondary school; (2) the high illiteracy rates among girls and women; (3) the continued low levels of employment of women; and (4) the fact that 70 per cent of women work in the informal sector, leaving them in most cases outside of the social protection scheme (CEDAW/C/COG/CO/7, 14 November 2018, paragraph 40). Noting the lack of statistics disaggregated by sex to assess the gender pay gap, and recalling that the collection and analysis of statistics on the earnings of men and women are a crucial means for assessing the remuneration levels of men and women and wage differentials, the Committee asks the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors. It also asks the Government to provide:

• (i)the above information as well as any available statistical information on the gender pay gap;
• (ii)information on the steps taken and the results achieved, particularly within the framework of the implementation of the National Gender Policy and Action Plan for 2017-2021, with a view to promoting women’s access to a wider range of jobs with career prospects and higher pay, including by facilitating their access to education and vocational training and encouraging their transition from informal to formal employment.

Articles 1, 2(2)(a) and 3. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee recalls that section 98 of the General Civil Service Regulations (Act No. 021/089 of 14 November 1989) provides that civil servants are paid according to their grade based on established pay scales. It previously noted the Government’s repeated indication that pay scales for civil servants, drawn up by the authorities with the participation of the most representative workers’ trade union federations, are applicable to all public employees, without distinction as to gender. The Committee pointed out that pay scales applying to all public employees, without distinction as to sex, were not enough to exclude pay discrimination entirely; such discrimination can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in the payment of some supplementary wage benefits. It requested the Government to examine the possibility of reviewing job classifications using an objective job evaluation methodology to ensure that job classifications and pay scales applicable in the public sector were free from any gender bias and that jobs largely performed by women were not undervalued and, consequently, underpaid. In this regard, the Committee welcomes the adoption of Decree No. 2013-798 of 30 December 2013, amending and completing Decree No. 2010-819, which raised the value of the index point used in the calculation of the basic salary for permanent and non-permanent civil servants. It observes however that no information is available regarding the methods and criteria used to adjust pay scales in the public sector. The Committee notes that the CEDAW also noted with concern that if both partners in a married couple are civil servants, social benefits are paid to the husband only (CEDAW/C/COG/CO/7, paragraph 42). In this regard, it recalls that remuneration also includes all allowances paid under social security schemes financed by the undertaking or industry concerned. Benefits, and in particular pensions, should not give rise to discrimination on the pretext that they are not employment-related benefits paid directly by the employer and therefore analogous to wages (see 2012 General Survey on the fundamental Conventions, paragraph 692). Recalling that the General Civil Service Regulations contain only one general provision banning all discrimination between men and women (section 200), the Committee asks the Government to indicate whether any step has been taken or is envisaged to expressly include in its legislation the principle of equal remuneration for men and women for work of equal value in the public sector. The Committee asks the Government to provide information on:

• (i)the measures taken to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid;
• (ii)any measures taken or envisaged with a view to promoting the formulation and use of methods for the objective evaluation of jobs in the public sector based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work; and
• (iii)the measures taken to ensure that, where both partners are civil servants, social benefits can be paid to the husband and wife equally.

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

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the need to amend sections 56(7) and 80(1) of the Labour Code, which limit the application of the principle of equal remuneration to "equal work” (section 56(7)) or "equal working conditions, qualifications and output” (section 80(1)), and do not fully reflect the concept of "work of equal value” set out in the Convention. It previously noted the Government’s repeated statement that amendments of sections 56(7) and 80(1) of the Labour Code were foreseen and requested the Government to take the necessary steps to ensure that the principle set out in the Convention was incorporated in the Labour Code. The Committee notes that a preliminary draft Labour Code is being prepared and was transmitted to the ILO in February 2022. It also notes, from the information available on the website of the Ministry of Public Service, Labour and Social Security, that it is expected that this preliminary draft Labour Code would be soon submitted to the National Consultative Labour Commission for its prior opinion, before being sent to the General Secretariat of the Government for its approval. The Committee notes that section 20 of the preliminary draft Labour Code provides that “no clause of an employment contract may reserve the benefit of a measure to a worker in consideration of his or her sex, nor unequal remuneration for the same work or work of equal value”. The Committee welcomes the explicit reference made to the concept of “work of equal value” in the preliminary draft Labour Code. It observes, however, that section 20, which refers to “same work or work of equal value”, read together with sections 195(10) and 246 of the preliminary draft Labour Code, which only refer to “equal work” or “equal working conditions, qualifications and output”, may lead to a confusing and restrictive interpretation of the concept of “work of equal value”. The Committee recalls that this concept permits a broad scope of comparison that includes, but is not limited to, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It further recalls that comparing the relative value of jobs in occupations which may involve different types of skills, efforts, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men (see the 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Recalling that, in its Decent Work Country Programme (DWCP) for 2018–22, the Government defines as a priority action to bring its labour legislation into line with international labour standards, the Committee requests the Government to: (i) take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, in particular by aligning sections 195(10) and 246 of the preliminary draft Labour Code with section 20 which provides for equal remuneration for the “same work or work of equal value”; and (ii) consider the possibility of including in the preliminary draft Labour Code an explicit reference to the use of appropriate techniques for objective job evaluation to determine the value of jobs, comparing factors such as skills and qualifications, effort, responsibilities and working conditions.

The Committee requests the Government to provide information on: (i) any progress made in that regard; (ii) any proactive measures taken to raise awareness of the principle of “equal remuneration for men and women for work of equal value” among workers, employers and their organizations, as well as among law enforcement officials; and (iii) the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

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

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

The Committee notes 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 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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

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

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 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

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

Repetition

Articles 1 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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

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

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

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 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

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

Repetition

Articles 1 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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

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

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 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2017.

Repetition

Articles 1 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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

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

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

Articles 1 and 2(a) of the Convention. Application of the principle of equal remuneration for work of equal value in the public sector. The Committee notes the Government’s repeated indications that the pay scale for civil servants is drawn up by the authorities with the participation of the most representative workers’ trade union federations and that the pay scale makes no distinction with regard to gender. The Committee wishes to draw the Government’s attention once again to the fact that even though the pay scales are applicable to all public employees, without distinction as to gender, pay discrimination can arise from the classification of jobs and the manner in which it is carried out, especially when an outdated method is used. Indeed, the criteria used, and the manner in which they are weighted, to evaluate tasks and thus establish the classification of a job could lead to an undervaluation or even a failure to take into account certain tasks which are largely performed by women, due to prejudices according to which these tasks call for characteristics thought to be innate in women or to natural abilities, rather than professional skills. Wage gaps between men and women can also arise from inequalities in access to certain supplementary wage benefits. In light of the above, the Committee requests the Government to examine the possibility of reviewing job classifications using an objective job appraisal methodology to ensure that job classifications and the pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued and, consequently, underpaid.

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

Articles 1 and 2(a) of the Convention. Principle of equal remuneration for men and women workers for work of equal value. Laws and regulations. The Committee recalls that, since 2005, it has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to the existence of “equal working conditions, qualifications and output” (section 80(1)) or to “equal work” (section 56(7)), and do not reflect the notion of “work of equal value”. The Committee notes that the Government reaffirms that amendments to sections 80(1) and 56(7) of the Labour Code are envisaged to ensure that the concept of “work of equal value” is binding. Noting the Government’s commitment, the Committee requests it to ensure, within the framework of the ongoing revision of the Labour Code, that the principle of equal remuneration for men and women workers for work of equal value set out in the Convention is set out in the Labour Code.

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

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

The Committee notes with regret 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

Work of equal value. For a number of years the Committee has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to equal working conditions, qualifications and output (section 80(1)) or equal work (section 56(7)). It recalls that the concept of “work of equal value” involves not only “equal”, the “same” or “similar” work but also encompasses the performance by men and women of different jobs which involve different working conditions and different qualifications and output but are nevertheless jobs of equal value (General Survey on fundamental Conventions, 2012, paragraphs 673, 677 and 679). The Committee notes the Government’s indication that, in order to prevent and combat any discrimination with regard to remuneration, the amendment of sections 80(1) and 56 of the Labour Code is foreseen so that the concept of work of equal value is given sufficient force. The Committee asks the Government to take the necessary steps as soon as possible to amend sections 80(1) and 56 of the Labour Code so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as established by the Convention, and to supply information on the progress made in this respect.

Application of the principle in the public sector. The Committee notes the adoption of Act No. 21-2010 of 30 December 2010, amending and completing certain provisions of Act No. 021-89 of 14 November 1989 establishing the general civil service regulations, and also the adoption of Decree No. 2010-819 of 31 December 2010 establishing the pay scales for civil servants and other state employees. It also notes the Government’s indication that the State, as the employer, adopted Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819. The Government indicates in its report that the pay scale for civil servants is drawn up by the Government with the participation of the most representative workers’ trade union federations. As regards the criteria applied when reviewing pay, the Government indicates that account is taken of the cost of living and also of the Government’s financial capacity to pay salaries. It adds that the applicable pay scale makes no distinction with regard to sex and that there is no gender pay gap both in the decrees applicable to the public sector and in private sector collective agreements. The Committee points out once again that despite the existence of pay scales applicable to all public employees, without distinction as to sex, pay discrimination can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits. The Committee asks the Government to provide information on any measures taken or envisaged with a view to promoting the formulation and use of methods for the objective evaluation of jobs in the public and private sectors. The Committee also asks the Government to indicate the measures taken to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued.

Statistics. The Committee notes the Government’s statement to the effect that statistics on the distribution of men and women in the various job categories will be sent in the Government’s next report. Recalling that the collection and analysis of statistics on the earnings of men and women are a crucial means for assessing the gender pay gap and for taking appropriate measures to reduce or eliminate it, the Committee urges the Government to send this information in its next report.

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

Work of equal value. For a number of years the Committee has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to equal working conditions, qualifications and output (section 80(1)) or equal work (section 56(7)). It recalls that the concept of “work of equal value” involves not only “equal”, the “same” or “similar” work but also encompasses the performance by men and women of different jobs which involve different working conditions and different qualifications and output but are nevertheless jobs of equal value (General Survey on fundamental Conventions, 2012, paragraphs 673, 677 and 679). The Committee notes the Government’s indication that, in order to prevent and combat any discrimination with regard to remuneration, the amendment of sections 80(1) and 56 of the Labour Code is foreseen so that the concept of work of equal value is given sufficient force. The Committee asks the Government to take the necessary steps as soon as possible to amend sections 80(1) and 56 of the Labour Code so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as established by the Convention, and to supply information on the progress made in this respect.

Application of the principle in the public sector. The Committee notes the adoption of Act No. 21-2010 of 30 December 2010, amending and completing certain provisions of Act No. 021-89 of 14 November 1989 establishing the general civil service regulations, and also the adoption of Decree No. 2010-819 of 31 December 2010 establishing the pay scales for civil servants and other state employees. It also notes the Government’s indication that the State, as the employer, adopted Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819. The Government indicates in its report that the pay scale for civil servants is drawn up by the Government with the participation of the most representative workers’ trade union federations. As regards the criteria applied when reviewing pay, the Government indicates that account is taken of the cost of living and also of the Government’s financial capacity to pay salaries. It adds that the applicable pay scale makes no distinction with regard to sex and that there is no gender pay gap both in the decrees applicable to the public sector and in private sector collective agreements. The Committee points out once again that despite the existence of pay scales applicable to all public employees, without distinction as to sex, pay discrimination can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits. The Committee asks the Government to provide information on any measures taken or envisaged with a view to promoting the formulation and use of methods for the objective evaluation of jobs in the public and private sectors. The Committee also asks the Government to indicate the measures taken to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued. Please also provide a copy of Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819 of 31 December 2010, and a copy of the record of the negotiations which took place on 5 August 2010.

Statistics. The Committee notes the Government’s statement to the effect that statistics on the distribution of men and women in the various job categories will be sent in the Government’s next report. Recalling that the collection and analysis of statistics on the earnings of men and women are a crucial means for assessing the gender pay gap and for taking appropriate measures to reduce or eliminate it, the Committee urges the Government to send this information in its next report.

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

Work of equal value. For a number of years the Committee has been drawing the Government’s attention to the need to amend sections 80(1) and 56(7) of the Labour Code, which limit the application of the principle of equal remuneration to equal working conditions, qualifications and output (section 80(1)) or equal work (section 56(7)). It recalls that the concept of “work of equal value” involves not only “equal”, the “same” or “similar” work but also encompasses the performance by men and women of different jobs which involve different working conditions and different qualifications and output but are nevertheless jobs of equal value (General Survey on fundamental Conventions, 2012, paragraphs 673, 677 and 679). The Committee notes the Government’s indication that, in order to prevent and combat any discrimination with regard to remuneration, the amendment of sections 80(1) and 56 of the Labour Code is foreseen so that the concept of work of equal value is given sufficient force. The Committee asks the Government to take the necessary steps as soon as possible to amend sections 80(1) and 56 of the Labour Code so as to fully reflect the principle of equal remuneration for men and women for work of equal value, as established by the Convention, and to supply information on the progress made in this respect.

Application of the principle in the public sector. The Committee notes the adoption of Act No. 21-2010 of 30 December 2010, amending and completing certain provisions of Act No. 021-89 of 14 November 1989 establishing the general civil service regulations, and also the adoption of Decree No. 2010-819 of 31 December 2010 establishing the pay scales for civil servants and other state employees. It also notes the Government’s indication that the State, as the employer, adopted Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819. The Government indicates in its report that the pay scale for civil servants is drawn up by the Government with the participation of the most representative workers’ trade union federations. As regards the criteria applied when reviewing pay, the Government indicates that account is taken of the cost of living and also of the Government’s financial capacity to pay salaries. It adds that the applicable pay scale makes no distinction with regard to sex and that there is no gender pay gap both in the decrees applicable to the public sector and in private sector collective agreements. The Committee points out once again that despite the existence of pay scales applicable to all public employees, without distinction as to sex, pay discrimination can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits. The Committee asks the Government to provide information on any measures taken or envisaged with a view to promoting the formulation and use of methods for the objective evaluation of jobs in the public and private sectors. The Committee also asks the Government to indicate the measures taken to ensure that job classifications and pay scales applicable in the public sector are free from any gender bias and that jobs largely performed by women are not undervalued. Please also provide a copy of Decree No. 2012-11 of 7 January 2012 amending and completing Decree No. 2010-819 of 31 December 2010, and a copy of the record of the negotiations which took place on 5 August 2010.

Statistics. The Committee notes the Government’s statement to the effect that statistics on the distribution of men and women in the various job categories will be sent in the Government’s next report. Recalling that the collection and analysis of statistics on the earnings of men and women are a crucial means for assessing the gender pay gap and for taking appropriate measures to reduce or eliminate it, the Committee urges the Government to send this information in its next report.

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

Work of equal value. Legislation. In its previous comments, the Committee noted that section 80(1) of the Labour Code restricted equality of remuneration for all workers regardless of sex to the existence of “equal conditions of work, qualifications and output”. The Committee further notes that section 56(7) in the Labour Code provides that collective agreements must contain provisions on the ways and means of applying the principle of “equal pay for equal work” to women. According to the Government, equal remuneration for men and women for work of equal value is laid down in the Constitution, according to which “women have the same rights as men” (article 8) and in section 80 of the Labour Code. The Committee refers to its general observation of 2006 and again points out that the concept “work of equal value” is broader than that of “equal work” and goes beyond “equal conditions of work, qualifications and output”. Where men and women do different work, there must be some comparison of the value of the different jobs in order to determine whether they are of equal value. Although a job may require different qualifications or skills and involve different conditions of work or output, it may nevertheless be of equal value overall. Consequently, in order effectively to prevent and combat discrimination in remuneration, the Committee asks the Government to take the necessary steps to amend sections 80(1) and 56 of the Labour Code so as to reflect the principle of equal remuneration for men and women for work of equal value established in the Convention, and to supply information on any measures taken to this end.

Application of the principle in the public sector. The Committee notes that, according to the Government’s report, in the negotiations of 5 August 2010 the Government and the trade unions agreed on the need to amend and supplement the provisions of Act No. 021/89 of 14 November 1989 reforming the General Conditions of Service of the Public Service. It also notes the Government’s statement that as a result of the negotiations, Decree No. 91-049 of 5 March 1991 establishing the pay scales for state employees (including contractual staff) without distinction as to gender, is to be replaced by a new decree updating the pay scales. The Committee points out in this connection that pay scales applying to all employees without distinction as to gender are not enough to exclude wage discrimination entirely; such discrimination can arise from the criteria applied in classifying jobs and from an under-evaluation of the tasks performed largely by women, or from inequalities in the payment of some supplementary wage benefits (General Survey on equality of remuneration, 1986, paragraphs 206–214). Observing that the General Conditions of Service of the Public Service contain only one general provision banning all discrimination between men and women (section 200), the Committee asks the Government to indicate whether it intends expressly to include the principle of equal remuneration for men and women for work of equal value among the amendments resulting from the negotiations of 2010 between the Government and the trade union federations. It asks the Government to supply a copy of the Decree establishing the pay scales of state employees replacing Decree No. 91-049 of 5 March 1991, as soon as it has been adopted, and to specify the methods and criteria used to adjust pay scales, indicating in particular the extent to which the principle laid down in the Convention is taken into account.

General appreciation of the application of the Convention. Statistics. The Committee again asks the Government to provide available statistics on the distribution of men and women in the various categories of jobs and posts, and their remuneration in the public and the private sectors, that allow a determination of whether there are any pay gaps between men and women.

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 1 of the Convention. With reference to its previous comments, the Committee asks the Government to bring section 80 of the Labour Code into conformity with the Convention in due course and to provide information in this respect.

Article 2. In order to have a clearer picture of the application of the Convention, the Committee invites the Government to supply statistics on the public sector and, if possible, the private sector, indicating the numbers of women and men working in them, their occupational classification and their remuneration. The Committee asks the Government to indicate the sectors in which women or men predominate and the wages paid in these sectors.

Article 4. The Committee notes that, according to the Government, cooperation with employers’ and workers’ organizations is excellent and that this is visible within the tripartite bodies and the various consultations held in the administration. The Committee asks the Government to supply information on the existence of any consultations designed to promote equal remuneration for work of equal value, for example by means of seminars on the Convention, tripartite activities to promote equality and collective bargaining. The Committee also asks the Government to supply information on the representation of women in the trade unions.

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 1 of the Convention. With reference to its previous comments, the Committee asks the Government to bring section 80 of the Labour Code into conformity with the Convention in due course and to provide information in this respect.

Article 2. In order to have a clearer picture of the application of the Convention, the Committee invites the Government to supply statistics on the public sector and, if possible, the private sector, indicating the numbers of women and men working in them, their occupational classification and their remuneration. The Committee asks the Government to indicate the sectors in which women or men predominate and the wages paid in these sectors.

Article 4. The Committee notes that, according to the Government, cooperation with employers’ and workers’ organizations is excellent and that this is visible within the tripartite bodies and the various consultations held in the administration. The Committee asks the Government to supply information on the existence of any consultations designed to promote equal remuneration for work of equal value, for example by means of seminars on the Convention, tripartite activities to promote equality and collective bargaining. The Committee also asks the Government to supply information on the representation of women in the trade unions.

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

The Committee notes the Government’s report but also notes that the report does not contain any reply to the questions raised by the Committee in its previous comments. The Committee asks the Government to reply to the following questions when preparing its report.

Article 1 of the Convention. With reference to its previous comments, the Committee asks the Government to bring section 80 of the Labour Code into conformity with the Convention in due course and to provide information in this respect.

Article 2. In order to have a clearer picture of the application of the Convention, the Committee invites the Government to supply statistics on the public sector and, if possible, the private sector, indicating the numbers of women and men working in them, their occupational classification and their remuneration. The Committee asks the Government to indicate the sectors in which women or men predominate and the wages paid in these sectors.

Article 4. The Committee notes that, according to the Government, cooperation with employers’ and workers’ organizations is excellent and that this is visible within the tripartite bodies and the various consultations held in the administration. The Committee asks the Government to supply information on the existence of any consultations designed to promote equal remuneration for work of equal value, for example by means of seminars on the Convention, tripartite activities to promote equality and collective bargaining. The Committee also asks the Government to supply information on the representation of women in the trade unions.

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

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. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the Labour Code defines wages in a broad sense to include the basic wage, vacation allowances, bonuses, indemnities, as well as damages received for abusive termination of an employment contract (section 91). Elsewhere in the Code, it is provided that wages must be paid in legal tender and that full or partial payment in kind is forbidden except in limited circumstances such as the provision of lodging or of daily living rations (sections 83 and 87). The Committee also notes that section 80 deals with non-discrimination of men and women with respect to wages. Recalling that the Convention aims at ensuring equality with regard to all the aspects of remuneration as defined in Article 1(a), the Committee asks the Government to indicate how the principle of equal remuneration for men and women for work of equal value is applied with respect to payments in kind, such as the provision of lodging and a daily living allowance.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that article 8 of the Constitution prohibits discrimination generally, including on the ground of sex. It also notes that section 80 of the Labour Code provides that, given equal working conditions, professional qualifications and output, wages shall be equal for all workers regardless of their origin, sex, age or status. The Committee is concerned that the wording of section 80 appears to limit the possibility of comparing remuneration received by men and women to situations where men and women are engaged in the same type of work. It recalls that, while criteria such as working conditions, qualifications, and productivity can be used to determine the level of remuneration, reference to these factors should not restrict the application of the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee reminds the Government that the Convention, by requiring equal remuneration to be paid for work of equal value, chooses the “value” of the work, established on the basis of the content of the job, as the point of comparison when determining rates of remuneration irrespective of the worker’s sex. The Committee therefore asks the Government to bring section 80 of the Labour Code into conformity with the Convention. In the meantime, the Government is asked to provide information on the application of section 80 in practice.

3. Article 2. Determination of wages in the private sector. The Committee notes that, according to section 83 of the Labour Code, the guaranteed minimum interprofessional wage is fixed by decree following the advice of the tripartite National Consultative Labour Commission. Likewise, in the absence of collective agreements, or where such agreements are silent on the matter, minimum wages by a professional category are fixed in the same way. Recalling that the minimum wage is a significant means of ensuring the application of the Convention, the Committee asks the Government to provide copies of all decrees setting both the minimum interprofessional wage as well as the minimum wage by a professional category and to indicate how the Convention’s principle has been taken into account in determining minimum wage rates. Please also provide examples of collective agreements currently in force in the private sector.

4. Determination of wages in the public sector. With respect to the public sector, the Committee notes from the Government’s report that civil servants are paid according to their grade based on established wage scales (section 98 of the General Civil Service Statute). The Committee asks the Government to provide copies of the wage scales that apply to the civil service along with information on the mechanism and methods used to establish them. It also asks the Government to indicate how equal remuneration is ensured for public sector employees in establishments which are not administrative (section 2 of the General Civil Service Statute) and to provide examples of collective agreements, if any, applicable in the public sector.

5. Article 3. Objective job appraisals. The Committee notes that the Government’s report does not contain any information on the manner in which it promotes objective appraisals of jobs on the basis of the work performed. The Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value, and that the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (see General Survey of 1986 on equal remuneration, paragraph 138). The Government is therefore asked to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement that collaboration between workers’ and employers’ organizations exists in the negotiation of wages. The Committee asks the Government to provide specific details of its own cooperation with these organizations with a view to giving effect to the Convention (e.g. cooperation to raise awareness and understanding of the Convention’s principles).

7. Parts III and IV of the report form. Whereas the Government states in its report that the ratification of the Convention has given it the force of domestic law in accordance with article 184 of its Constitution, the Committee asks whether there are any instances in which courts have relied on the text of the Convention to apply the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide any other judicial decisions relating to the application of the Convention along with its next report. The Committee further asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour to oversee and monitor compliance with the equal remuneration provisions of the Labour Code and the Convention.

8. Part V of the report form. General appreciation of the application of the Convention. The Committee notes the Government’s statement that no gap exists between the wage rates of men and women since wages are determined in both the private and public sector by sex-neutral criteria such as the work actually performed or in accordance with the worker’s grade. In its 1998 general observation concerning this Convention, the Committee emphasized that in order to apply the Convention fully, efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing sex-based remuneration gap between men and women. The Committee asks the Government, therefore, to provide statistical information on salary levels in both the private and public sectors, disaggregated by sex, so as to enable the Committee to assess the practical application of the principle of equal remuneration for male and female workers.

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

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

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the Labour Code defines wages in a broad sense to include the basic wage, vacation allowances, bonuses, indemnities, as well as damages received for abusive termination of an employment contract (section 91). Elsewhere in the Code, it is provided that wages must be paid in legal tender and that full or partial payment in kind is forbidden except in limited circumstances such as the provision of lodging or of daily living rations (sections 83 and 87). The Committee also notes that section 80 deals with non-discrimination of men and women with respect to wages. Recalling that the Convention aims at ensuring equality with regard to all the aspects of remuneration as defined in Article 1(a), the Committee asks the Government to indicate how the principle of equal remuneration for men and women for work of equal value is applied with respect to payments in kind, such as the provision of lodging and a daily living allowance.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that article 8 of the Constitution prohibits discrimination generally, including on the ground of sex. It also notes that section 80 of the Labour Code provides that, given equal working conditions, professional qualifications and output, wages shall be equal for all workers regardless of their origin, sex, age or status. The Committee is concerned that the wording of section 80 appears to limit the possibility of comparing remuneration received by men and women to situations where men and women are engaged in the same type of work. It recalls that, while criteria such as working conditions, qualifications, and productivity can be used to determine the level of remuneration, reference to these factors should not restrict the application of the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee reminds the Government that the Convention, by requiring equal remuneration to be paid for work of equal value, chooses the “value” of the work, established on the basis of the content of the job, as the point of comparison when determining rates of remuneration irrespective of the worker’s sex. The Committee therefore asks the Government to bring section 80 of the Labour Code into conformity with the Convention. In the meantime, the Government is asked to provide information on the application of section 80 in practice.

3. Article 2. Determination of wages in the private sector. The Committee notes that, according to section 83 of the Labour Code, the guaranteed minimum interprofessional wage is fixed by decree following the advice of the tripartite National Consultative Labour Commission. Likewise, in the absence of collective agreements, or where such agreements are silent on the matter, minimum wages by a professional category are fixed in the same way. Recalling that the minimum wage is a significant means of ensuring the application of the Convention, the Committee asks the Government to provide copies of all decrees setting both the minimum interprofessional wage as well as the minimum wage by a professional category and to indicate how the Convention’s principle has been taken into account in determining minimum wage rates. Please also provide examples of collective agreements currently in force in the private sector.

4. Determination of wages in the public sector. With respect to the public sector, the Committee notes from the Government’s report that civil servants are paid according to their grade based on established wage scales (section 98 of the General Civil Service Statute). The Committee asks the Government to provide copies of the wage scales that apply to the civil service along with information on the mechanism and methods used to establish them. It also asks the Government to indicate how equal remuneration is ensured for public sector employees in establishments which are not administrative (section 2 of the General Civil Service Statute) and to provide examples of collective agreements, if any, applicable in the public sector.

5. Article 3. Objective job appraisals. The Committee notes that the Government’s report does not contain any information on the manner in which it promotes objective appraisals of jobs on the basis of the work performed. The Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value, and that the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (see General Survey of 1986 on equal remuneration, paragraph 138). The Government is therefore asked to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement that collaboration between workers’ and employers’ organizations exists in the negotiation of wages. The Committee asks the Government to provide specific details of its own cooperation with these organizations with a view to giving effect to the Convention (e.g. cooperation to raise awareness and understanding of the Convention’s principles).

7. Parts III and IV of the report form. Whereas the Government states in its report that the ratification of the Convention has given it the force of domestic law in accordance with article 184 of its Constitution, the Committee asks whether there are any instances in which courts have relied on the text of the Convention to apply the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide any other judicial decisions relating to the application of the Convention along with its next report. The Committee further asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour to oversee and monitor compliance with the equal remuneration provisions of the Labour Code and the Convention.

8. Part V of the report form. General appreciation of the application of the Convention. The Committee notes the Government’s statement that no gap exists between the wage rates of men and women since wages are determined in both the private and public sector by sex-neutral criteria such as the work actually performed or in accordance with the worker’s grade. In its 1998 general observation concerning this Convention, the Committee emphasized that in order to apply the Convention fully, efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing sex-based remuneration gap between men and women. The Committee asks the Government, therefore, to provide statistical information on salary levels in both the private and public sectors, disaggregated by sex, so as to enable the Committee to assess the practical application of the principle of equal remuneration for male and female workers.

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

The Committee notes the information provided by the Government in its first report and asks the Government to provide additional information on the matters below.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the Labour Code defines wages in a broad sense to include the basic wage, vacation allowances, bonuses, indemnities, as well as damages received for abusive termination of an employment contract (section 91). Elsewhere in the Code, it is provided that wages must be paid in legal tender and that full or partial payment in kind is forbidden except in limited circumstances such as the provision of lodging or of daily living rations (sections 83 and 87). The Committee also notes that section 80 deals with non-discrimination of men and women with respect to wages. Recalling that the Convention aims at ensuring equality with regard to all the aspects of remuneration as defined in Article 1(a), the Committee asks the Government to indicate how the principle of equal remuneration for men and women for work of equal value is applied with respect to payments in kind, such as the provision of lodging and a daily living allowance.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that article 8 of the Constitution prohibits discrimination generally, including on the ground of sex. It also notes that section 80 of the Labour Code provides that, given equal working conditions, professional qualifications and output, wages shall be equal for all workers regardless of their origin, sex, age or status. The Committee is concerned that the wording of section 80 appears to limit the possibility of comparing remuneration received by men and women to situations where men and women are engaged in the same type of work. It recalls that, while criteria such as working conditions, qualifications, and productivity can be used to determine the level of remuneration, reference to these factors should not restrict the application of the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee reminds the Government that the Convention, by requiring equal remuneration to be paid for work of equal value, chooses the "value" of the work, established on the basis of the content of the job, as the point of comparison when determining rates of remuneration irrespective of the worker’s sex. The Committee therefore asks the Government to bring section 80 of the Labour Code into conformity with the Convention. In the meantime, the Government is asked to provide information on the application of section 80 in practice.

3. Article 2. Determination of wages in the private sector. The Committee notes that, according to section 83 of the Labour Code, the guaranteed minimum interprofessional wage is fixed by decree following the advice of the tripartite National Consultative Labour Commission. Likewise, in the absence of collective agreements, or where such agreements are silent on the matter, minimum wages by a professional category are fixed in the same way. Recalling that the minimum wage is a significant means of ensuring the application of the Convention, the Committee asks the Government to provide copies of all decrees setting both the minimum interprofessional wage as well as the minimum wage by a professional category and to indicate how the Convention’s principle has been taken into account in determining minimum wage rates. Please also provide examples of collective agreements currently in force in the private sector.

4. Determination of wages in the public sector. With respect to the public sector, the Committee notes from the Government’s report that civil servants are paid according to their grade based on established wage scales (section 98 of the General Civil Service Statute). The Committee asks the Government to provide copies of the wage scales that apply to the civil service along with information on the mechanism and methods used to establish them. It also asks the Government to indicate how equal remuneration is ensured for public sector employees in establishments which are not administrative (section 2 of the General Civil Service Statute) and to provide examples of collective agreements, if any, applicable in the public sector.

5. Article 3. Objective job appraisals. The Committee notes that the Government’s report does not contain any information on the manner in which it promotes objective appraisals of jobs on the basis of the work performed. The Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value, and that the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of jobs performed (see General Survey of 1986 on equal remuneration, paragraph 138). The Government is therefore asked to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement that collaboration between workers’ and employers’ organizations exists in the negotiation of wages. The Committee asks the Government to provide specific details of its own cooperation with these organizations with a view to giving effect to the Convention (e.g. cooperation to raise awareness and understanding of the Convention’s principles).

7. Parts III and IV of the report form. Whereas the Government states in its report that the ratification of the Convention has given it the force of domestic law in accordance with article 184 of its Constitution, the Committee asks whether there are any instances in which courts have relied on the text of the Convention to apply the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide any other judicial decisions relating to the application of the Convention along with its next report. The Committee further asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour to oversee and monitor compliance with the equal remuneration provisions of the Labour Code and the Convention.

8. Part V of the report form. General appreciation of the application of the Convention. The Committee notes the Government’s statement that no gap exists between the wage rates of men and women since wages are determined in both the private and public sector by sex-neutral criteria such as the work actually performed or in accordance with the worker’s grade. In its 1998 general observation concerning this Convention, the Committee emphasized that in order to apply the Convention fully, efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing sex-based remuneration gap between men and women. The Committee asks the Government, therefore, to provide statistical information on salary levels in both the private and public sectors, disaggregated by sex, so as to enable the Committee to assess the practical application of the principle of equal remuneration for male and female workers.