Equal Remuneration Convention, 1951 (No. 100) - New Caledonia

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1–4 of the Convention. Appraising and eliminating gender pay gaps, including their underlying causes. Evolution of the legislation. The Committee notes the Government’s indication in its report that, according to the study of the New Caledonian labour market (2019 CAFAT (social security fund) data), the gender-based pay average is mostly unfavourable to women but in practice very few judgments have been handed down regarding the principle of equal remuneration for women and men. The data show that the average annual wage for women is less than that for men in all sectors. The Government adds that: (1) the persistence of occupational inequalities is due, among other things, to gender stereotypes which are the result and the cause of deep-rooted attitudes, values, standards and preconceptions towards women and men; and (2) real occupational equality between women and men has become a priority topic of major importance for New Caledonian society and has been the subject, in consultation with the social partners and civil society, of a draft territorial law. Also referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes with interest that territorial Act No. 2023-3 promoting real occupational equality between women and men was adopted on 26 May 2023 and imposes the obligation to establish a three-year action plan within enterprises employing more than 50 workers, with the particular aim of eliminating gender pay gaps. The Committee also notes the detailed information provided by the Government concerning the new legislative framework and also the information contained in the report on Convention No. 111 on the activities undertaken and measures adopted to combat occupational segregation, one of the major causes of pay inequalities, gender stereotypes, discrimination and sexism. The Committee requests the Government to take steps: (i) to implement and disseminate the provisions relating to equal remuneration contained in territorial Act No. 2023-3 promoting real occupational equality between women and men; and (ii) to intensify awareness-raising actions focusing on the principle of the Convention for workers, employers and their respective organizations, officials responsible for the application of labour law, and the general public. The Committee requests the Government to continue adopting specific measures to combat occupational segregation between men and women, sexism and gender stereotypes, in the areas of vocational guidance and training and employment. Lastly, the Committee requests the Government to continue providing: (i) information on the measures taken and their impact on reducing wage gaps; and (ii) recent data on remuneration for women and men, the gender pay gap in the public and private sectors, if possible according to branch of activity and hierarchical level of posts occupied, and also, if applicable, any official study of the matter.

Articles 2(2)(a) and (c) and 4. Content of collective agreements. Legislation. Cooperation with workers’ and employers’ organizations. The Committee recalls that it drew the Government’s attention to the fact that section Lp. 334-26 of the New Caledonia Labour Code (CTNC), mentioned by the report, referred to provisions of collective agreements concerning mechanisms for applying the principle of “equal pay for equal work” and not the principle of “equal remuneration for work of equal value”, as established by section Lp. 141-1 of the CTNC and by the Convention. It notes the Government’s indication that it took note of the previous observation and that it emphasizes that the analysis of collective bargaining matters shows that the social partners do not negotiate on the subject of occupational equality. The Committee once again requests the Government to take the necessary steps to amend section Lp. 334-26 of the CTNC by incorporating the principle of equal remuneration for women and men for work of equal value. It also requests the Government to adopt specific measures to cooperate with the social partners to give effect to this principle established by the Convention and to provide information on this point.

Enforcement. Labour inspection. The Committee once again requests the Government to take the necessary steps to enable labour inspectors to perform their duties in terms of enforcing the labour legislation as it relates to equal remuneration for women and men for work of equal value, in particular territorial Act No. 2023-3, and to provide information on measures taken in this respect, particularly with regard to training.

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

The Committee recalls that it asked the Government to reply in full to its comments. It notes with regret that the Government’s brief report only contains general information on equal remuneration and that it is identical to the report received in 2017, except for the information supplied concerning a conference on gender equality at work held in New Caledonia in April 2018 .

Articles 1 and 2 of the Convention. Wage gap. The Committee notes that, according to the Government’s report, the average wage was 3.2 per cent higher for men than for women in 2015. The report also indicates that the higher the level of post, the greater the wage gap, with male managerial staff being paid on average 17.8 per cent more than female managerial staff. The Committee also notes that, according to the report on women’s employment published by the Mission for Women in 2016, women in the public sector are paid on average 15 per cent less than men. The Committee requests the Government to continue providing recent data on remuneration for men and women and on the gender wage gap in the public and private sectors, if possible according to sector of activity and the hierarchical level of the posts held.

Article 2. Equal remuneration for men and women for work of equal value. Measures to combat the gender wage gap. The Committee observes that the Government’s report merely refers once again to the regulatory framework applicable to equal remuneration for men and women (section Lp. 141 of the Labour Code of New Caledonia) and that the Government once again indicates that it has not taken any measures regarding equal remuneration for work of equal value. The Committee also recalls that, in its direct request concerning the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), it underlined the continuing precariousness of the situation of women and its negative impact on their education, training and occupational integration, the lack of sufficient action for indigenous women and the lack of information, education and communication activities to promote a change in attitudes towards women and girls. Recalling that proactive efforts must be made to tackle gender wage gaps to achieve results in this area, the Committee requests the Government to take specific measures to promote equal remuneration for work of equal value, particularly in the areas of vocational guidance and training to combat occupational sex segregation, through awareness raising and training to combat social stereotypes regarding “male” and “female” jobs and by establishing schemes to enable both women and men to achieve a better balance between family life and work.

Article 2(2)(c). Collective agreements. The Committee draws the Government’s attention to the fact that section Lp. 334-26 of the Labour Code referred to in its report refers to the provisions of collective agreements concerning mechanisms for applying the principle of “equal pay for equal work” and not the principle of “equal remuneration for work of equal value”, as laid down by section Lp. 141-1 of the Labour Code and by the Convention. The Committee requests the Government to amend section Lp. 334-26 of the Labour Code by incorporating the principle of equal remuneration for work of equal value.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that section Lp. 333-2(2°) of the Labour Code provides that “wage negotiations shall provide the opportunity for the parties to examine at the branch level at least once a year … changes to average wages by professional category and by sex, if applicable by comparison with hierarchical minimum wages”. The Committee requests the Government to indicate whether and how the issue of equal remuneration for men and women is addressed during wage negotiations and to clarify more generally in what manner it cooperates with the social partners to give effect to the principle of equal remuneration for men and women for work of equal value established by the Convention.

Awareness-raising measures with regard to the principle of the Convention. The Committee welcomes the holding of a conference on gender equality at work in the South Province in April 2018, which, inter alia, addressed the subject of pay equality with particular reference to the Convention. In order to combat more effectively the underlying causes of pay inequalities, such as prejudicial and stereotypical attitudes towards women or occupational segregation, and to ensure a better application of the principle of the Convention in practice, the Committee strongly encourages the Government to continue its awareness-raising activities by focusing more on equal remuneration for men and women for work of equal value and ensuring that such activities are reproduced for workers and employers and their respective organizations, labour law enforcement officials and the general public.

Enforcement. Labour inspection. The Committee notes that the Government’s report indicates the penalties applicable for non-observance of the principle of “equal wages for equal work” but that it does not contain information on the work actually done by labour inspectors in this area. The Committee draws the Government’s attention to the fact that it is a question of ensuring observance of the principle of “equal remuneration for work of equal value” as established by the Convention and not only for “equal work”. The Committee once again requests the Government to take the necessary steps to enable labour inspectors to perform their duties in terms of enforcing the labour legislation as it relates to equal remuneration for men and women for work of equal value (section Lp. 141-1 in conjunction with section Lp. 711-1 of the Labour Code of New Caledonia), and to provide information on measures taken in this respect, particularly as regards training for inspectors with regard to equal remuneration issues and the planning of inspection activities according to thematic areas (gender equality, pay equality).

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

Article 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes that the Government’s brief report does not enable an evaluation of the application, in practice, of the provisions of the Convention, particularly, of the principle of equal remuneration for men and women for work of equal value. The Committee, therefore, requests the Government to provide detailed information on the measures taken to apply the principle of the Convention.

Measures to combat the gender wage gap. In its previous comments, the Committee underlined the existence of wage gaps in sectors of activity and occupational categories in which women predominated and asked the Government to indicate the remedial action taken. The Committee notes the Government’s indication that no measures have been taken to reduce disparities in wages or to promote the principle of equal remuneration for men and women for work of equal value. It notes that the information published by the Skills Development Institute of New Caledonia for 2014, concerning the position of women in training and employment shows that significant wage gaps persist according to areas of activity, even though average gaps are less pronounced, and that women are less well paid than men for equivalent levels of training and seniority (an average gap of 20 per cent). The Committee requests the Government to take the necessary steps to eliminate gender wage gaps and occupational segregation which concentrates women in less-paid jobs and sectors, particularly by combating social stereotypes regarding “male” and “female” jobs and by establishing schemes to enable both women and men to achieve a better balance between family life and work. It also requests the Government to provide information on the measures taken in this respect and to continue providing information on the employment situation of men and women and the gender wage gap.

Enforcement. Labour inspection. The Committee notes the Government’s statement that the labour inspection services do not monitor compliance with the labour legislation as it relates to equal remuneration for men and women and do not undertake any preventive or advisory actions in relation to workers and employers. The Committee requests the Government to take the necessary steps to enable labour inspectors to perform their duties in terms of enforcing the labour legislation as it relates to equal remuneration for men and women for work of equal value (section Lp. 141-1 in conjunction with section Lp. 711-1 of the Labour Code of New Caledonia), and to provide information on measures taken in this respect.

[The Government is asked to reply in full to the present comments in 2017.]

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

Gender wage gap. The Committee welcomes the publication of detailed data (2011) on gender-influenced wages in the “Focus on women” study, published in 2013 on the website of the Employment, Qualifications, Wages and Training Observatory at the Skills Development Institute of New Caledonia. According to this study, the average wage for women is virtually identical to that of men but wage differentials still exist when account is taken of the sector of activity, size of the enterprise, age or level of training. The Committee notes in particular that the average wages of women are lower than those of men in the sectors of activity and occupational categories where women predominate. Moreover, women’s average wages are lower than those of men from the baccalaureate level upwards and the wage gap increases with the level of qualification (from 11 to 19 per cent). The Committee requests the Government to indicate the measures contemplated to remedy the wage inequalities observed and to promote effectively the application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors, and to provide information on the results achieved.

Article 3 of the Convention. Objective job evaluation. The Committee again requests the Government to indicate the measures taken or contemplated to encourage objective job evaluation on the basis of the work involved, so as to facilitate the application of the principle of equal remuneration for men and women for work of equal value.

Enforcement. Labour inspection. The Committee notes the Government’s statement that the labour inspectorate has no information on the application of section Lp. 141-1 of the Labour Code of New Caledonia, which establishes the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the manner in which labour inspectors enforce the labour legislation as it relates to equal remuneration for men and women and on any preventive and advisory activities carried out by the labour inspectorate among workers, employers and their organizations.

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

Wage gap between men and women. The Committee takes note of the overview of public sector wages published by the Statistical and Economic Studies Institute of New Caledonia in 2006. It notes the Government’s statement that no statistics are available since 2006 on either the public or the private sector. According to the 2006 statistics, the net monthly average wage gap between men and women is 19 per cent overall and 11 per cent in the private sector. The Committee notes that, in its brief report, the Government states that no measures are planned to remedy the wage gap situation. The Committee recalls that under the Convention, the State is required, as the public sector employer, to take measures to ensure the application to all workers of the principle of equal remuneration for men and women for work of equal value and to promote its application in the private sector. The Committee therefore asks the Government to take the necessary steps to assess the wage gap between men and women and to ensure and promote effectively the application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors, and to provide information on any measures taken to this end.

Article 3 of the Convention. Objective job evaluation. The Committee asks the Government to indicate the measures that have been taken or are planned to encourage objective job evaluation on the basis of the work involved, so as to facilitate the application of the principle of equal remuneration for men and women for work of equal value.

Enforcement. Labour inspection. The Committee takes note of the Government’s statement that it has no information on the activities of the labour inspectorate regarding the application of the principle embodied in the Convention. The Committee asks the Government to provide the extracts from the annual labour inspection reports dealing with the enforcement of the labour legislation as it relates to equal remuneration for men and women (art. Lp. 141-1 to Lp. 141-9 and R. 141-1 of the Labour Code) as well as information on any activities carried out among workers, employers and their organizations to promote awareness of the principle embodied in the Convention.

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

The Committee notes the adoption of the Labour Code of New Caledonia, which entered into force on 1 May 2008, which carries over the laws and regulations which were applicable to this territory and codifies them based on the principle of codification on the basis of established law. It notes that equal remuneration between men and women is governed by the provisions of sections Lp. 141–1 to 141–8 and R. 141–1 of the new Labour Code.

Gender wage gap in the public sector. In its previous comments, the Committee requested the Government to provide information on the measures taken to address the causes of the continuously widening gender pay gap in the public sector, as well as on the measures taken to promote the access of women to the most highly paid posts in category A of the civil service. The Committee notes that the Government’s report contains no information in response to its previous comments. However, it notes that, although the proportion of women in the public sector (civil servants and contract staff) increased from 50.1 per cent in 2006 to 52 per cent in 2007 (“Economic and Social Audit” of New Caledonia for 2007), the information provided by the Government under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), shows that the majority of management posts in the civil service are still occupied by men. Referring also to its comments on the application of Convention No. 111, the Committee once again asks the Government to provide recent statistical information on the salaries of men and women in the civil service, as well as on the concrete steps taken to address the persistent wage gaps, including to promote the access of women to the highest posts in the civil service.

Gender wage gap in the private sector. The Committee notes that the Government provides no information in response to its previous comments. The Committee once again asks the Government to provide recent statistical information, disaggregated by sex, on the distribution of men and women in the various economic sectors and their respective remuneration levels, in the private sector, according to the different employment categories. The Government is also requested to indicate any steps taken to promote the principle of equal remuneration between men and women for work of equal value in the private sector, including campaigns to raise awareness of the principle, aimed at workers, employers and their organizations.

Application and promotion of the principle of equal remuneration. Labour inspectorate and courts of law. Noting the Government’s indications, the Committee asks it to continue providing information on the activities of the labour inspectorate which are intended to promote and ensure the application of the principle of the Convention, in particular awareness-raising activities carried out within employers’ and workers’ organizations. The Government is also requested to provide a copy of any relevant judicial decisions.

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

1. Gender wage gap in the public sector. In its previous comments, the Committee noted that the increase in the number of women in category A, the most highly paid in the civil service, had not had any effect on the presence of the latter in senior management posts in the civil service. The Committee also noted that, according to the Government’s report, the gender wage gap continued to widen with respect to the higher age groups. Moreover, the Committee notes that, according to the “Economic and Social Audit” of New Caledonia published in 2006, the proportion of women in the public sector is 49.9 per cent and that of men 50.1 per cent. The Committee emphasizes, however, that the Government has not supplied a copy of the “Economic and Social Audit” of New Caledonia for 2006 and therefore reminds the Government of the importance of supplying full statistical information so that it can better assess the progress made by the Government in the application of the Convention and gain a clearer picture of the challenges that remain. Moreover, the Committee notes that the Government has not supplied recent information on the distribution of men and women in the various categories of the civil service and on trends in the gender pay gap. The Committee repeats its request to the Government to supply information on the measures taken to address the causes of the continuously widening gender pay gap in the public sector. The Committee urges the Government to supply information on the measures taken to promote the access of women to the most highly paid posts in category A of the civil service.

2. Gender wage gap in the private sector. The Committee notes the Government’s information that in the private sector 58.4 per cent of workers are men and 41.6 per cent are women. The Committee also notes the Government’s indication that no significant difference can be seen in remuneration between the sexes. The Committee particularly notes that a study is under way concerning the 2004–05 period. The Committee hopes that, in the context of this study, the Government will take into consideration its previous comments and also its general observation of 2006 on equal remuneration. The Committee hopes that this study will be available to the Government as soon as possible so that the latter can undertake a proper assessment of the nature and extent of the gender wage gap in the private sector. The Committee asks the Government to send a copy of this study. The Committee requests the Government to supply information on the measures taken to promote the principle of equal remuneration for work of equal value in the private sector.

3. Application of the principle of equal remuneration in the construction and civil engineering sector through national legislation. The Committee noted in its previous comments that a legislative framework was being drawn up containing provisions on equal remuneration intended to protect foreign workers employed in enterprises established outside New Caledonia which provide services in the construction and civil engineering sectors. The Committee asks the Government once again to supply information on the progress made with regard to this Act and to send a copy of the text.

4. Promoting and ensuring the application of the Convention. Labour inspectorate and courts of law. The Committee notes that no court decision has been issued on the application of the principle of the Convention. The Committee also notes that the labour inspectorate carries out controls on the observance of minimum wage rates and the wages fixed by collective agreements by an analysis of wage slips. The Committee notes that this is undertaken via a survey of the workers of the enterprises concerned using a representative collective sample from which the labour inspectorate selects as far as possible comparable jobs occupied both by men and women. The Committee asks the Government to continue to keep it informed of the decisions issued by the competent administrative and judicial authorities on the application of the Convention. It also asks the Government to continue to supply information on the activities and methods of the labour inspectorate which are intended to promote and ensure the application of the principle of the Convention, such as information campaigns intended for employers and trade unions.

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

1. Article 2 of the Convention. Application of the principle in the public service. With reference to its previous comments, the Committee notes the report on the "Social Assessment of New Caledonia in 2004" (Bilan social 2004 de la Nouvelle-Calédonie) containing statistics on the distribution of men and women in the public sector according to salary level and age, for which it is grateful. It notes that according to the findings of the report, the number of female civil servants in the highest salary category A increased from 37 per cent in 2003 to 41 per cent in 2004. However, rather than reflecting a feminization of the employees in higher level posts, this increase is due to the fact that more women have been hired as schoolteachers. The Committee encourages the Government to further analyse and try to correct the causes of the continuing income gap between men and women in the public service and to promote women’s access generally to the higher paid positions in Category A. The Government is asked to provide information on all measures taken towards this end and the results of such action.

2. Application of equal remuneration in the private sector. The Committee notes from the information provided in the Government’s report on Convention No. 111, that the Government is developing a legislative framework to protect foreign workers employed by enterprises established outside New Caledonia providing services in the area of construction and civil engineering. Noting that the draft law will include provisions concerning equal remuneration between men and women, the Committee asks the Government to keep it informed of any developments in this regard and to provide copies of the text of the relevant provisions. Noting further that no study has been undertaken on the distribution of men and women in the various economic branches and occupations and their corresponding salary levels in the private sector, the Committee, referring to its 1998 general observation on this Convention, hopes that the Government will undertake such an analysis, in the very near future, so as to enable the Committee to evaluate adequately the nature and extent of the salary differentials in the private sector.

3. Enforcement. The Committee notes the Government’s statement that for the moment the labour inspection services have not raised any issues of equal remuneration for work of equal value with the enterprises. It asks the Government to continue to provide information on the activities and methods used by the inspection services to promote and ensure compliance with the principle of the Convention, including, for example, any awareness-raising activities targeting employers and trade unions, on the legal provisions providing for equal remuneration for men and women for work of equal value.

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

1. Equal remuneration for work of equal value. The Committee is bound to point out that the Government’s brief report does not enable it to assess fully the application of the principle of the Convention. The Committee notes that under sections 22(2) and (3) and 25 of Organic Act No. 99-209 of 19 March 1999, New Caledonia has exercised competence since 1 January 2000 in the fields of labour law, labour inspection and the access of foreign nationals to work. The Committee therefore asks the Government to provide detailed information with its next report on the measures taken or envisaged to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The remuneration gap. The Committee notes from the statistical information provided by the Government that the remuneration gap between men and women is 17 per cent in the private sector and 12 per cent in the public sector, and that the remuneration gap increases to 20 per cent with respect to highly qualified workers in both the private and public sectors taken together. The Committee asks the Government to continue providing statistical information on wage levels, disaggregated by sex, so that it can evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade and rank.

3. Labour inspections. With reference to its comments under Convention No. 81, the Committee notes Decree No. 2362 of 11 October 1999 amending the Order concerning the establishment and organization of two labour inspection departments in the territory of New Caledonia. The Committee asks the Government to provide information with its next report on the activities carried out and methods used by the labour inspection services to promote and ensure compliance with the principle of equal remuneration for men and women workers for work of equal value.

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

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:

With reference to its general observation of 1998 concerning the application of the Convention, the Committee asks the Government in future reports to provide the fullest possible statistical information on the distribution of men and women in the public and private sectors by earnings levels and hours of work, classified by branch of economic activity, occupation or occupational group and seniority, as well as all the available statistical information requested in the general observation.

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:

With reference to its general observation of 1998 concerning the application of the Convention, the Committee asks the Government in future reports to provide the fullest possible statistical information on the distribution of men and women in the public and private sectors by earnings levels and hours of work, classified by branch of economic activity, occupation or occupational group and seniority, as well as all the available statistical information requested in the general observation.

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

The Committee notes the Government’s report.

With reference to its general observation of 1998 concerning the application of the Convention, the Committee asks the Government in future reports to provide the fullest possible statistical information on the distribution of men and women in the public and private sectors by earnings levels and hours of work, classified by branch of economic activity, occupation or occupational group and seniority, as well as all the available statistical information requested in the general observation.

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

The Committee notes the Government's report and observes that the information requested in its previous comments has not been supplied. The Committee hopes that the Government will indicate whether the collective agreement for the clothing and dressmaking sector, which was to have been negotiated in the near future, has been concluded and, if so, that it will supply the text with its next report.

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

The Committee notes the information supplied by the Government in reply to its previous comments.

The Committee refers to its previous direct request concerning the application of the principle of equal remuneration in activities in which there is a high percentage of women workers. It notes that a collective agreement for the clothing sector is due to be negotiated in the near future and it requests the Government to supply a copy of the text of the agreement when it comes into force.

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

The Committee takes note of the Government's report and notes with satisfaction the provisions concerning equal remuneration contained in Decision No. 283 of 24 February 1988 enclosed with the report on the application of Convention No. 111.

1. The Committee refers to its previous comments and notes the Government's statement that no determination has yet been made of the jobs which, under section 22 of Ordinance No. 85-1181 of 13 November 1985, may be performed exclusively by one or other of the sexes. It requests the Government to keep it informed of any developments in this respect.

2. The Committee notes that section 4 of the same Decision provides that the various components of remuneration shall be determined according to rules which are identical for women and men. It asks the Government to indicate the methods used in making an objective appraisal of jobs, and the progress made in reducing the difference between men's and women's wage rates, particularly where bodies established or recognised by the legislation are responsible for fixing wage rates.

3. The Committee takes note of section 5 of the above-mentioned Decision, under which any provision resulting from a decision by an employer or group of employers, which establishes remuneration that is lower than that of workers of the other sex for the same work or work of equal value, shall automatically be null and void. The Committee asks the Government to indicate any cases of provisions being automatically annulled because they are contrary to the principle of equal remuneration.

4. The Committee notes the Government's statement that labour inspectors, along with officers of the criminal investigation department are responsible for recording violations of the provisions of the Convention. It requests the Government to provide information on the number and nature of violations recorded.

5. The Committee refers to its previous comments in which it asked the Government to indicate how effect is given in practice to the principle of equal remuneration set forth by the Convention and the national legislation, where wages are higher than the minimum rates established by legislation or collective agreements, particularly in enterprises and sectors employing a high proportion of women workers. It notes from the Government's report that the clothing industry is the main sector employing a high proportion of women and that wages in this sector are usually the minimum wages laid down in collective agreements. The Committee refers to the indications given in paragraphs 22 to 30 of its 1986 General Survey on Equal Remuneration, and asks the Government to state whether it is contemplating measures to promote the application of the principle of the Convention in this sector.

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

Following its previous comment, the Committee notes with satisfaction the adoption of Decision No. 283 of 24 February 1988 respecting equality of remuneration and occupation between men and women, sections 3 to 5 of which give statutory effect to the practical application of section 23 of Ordinance No. 85-1181 respecting the guiding principles of labour law. In particular, under section 5 of the Decision, any clauses of agreements, contracts or regulations resulting from a decision by an employer or group of employers, which provide for remuneration which is lower than that of workers of the other sex for the same work or work of equal value, are automatically annulled.

The Committee is also addressing a request concerning certain points directly to the Government.