Equal Remuneration Convention, 1951 (No. 100) - Equatorial Guinea (Ratification: 1985)

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

Previous comment

The Committee notes with deep concern that the Government’s report, due since 2005, has been received but contains no reply to its previous comments. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard. In light of its urgent appeal launched to the Government in 2022, 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 and its underlying causes, such as gender inequalities. The Committee observes that, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicates that the following main difficulties were identified: (1) the low representation of women in decision-making bodies; (2) the lack of a specific programme to raise awareness of public authorities on gender equality; and (3) the lack of available data on women which impedes the use of statistical information for decision-making towards the promotion of women. It further notes that, in its mid-term Universal Periodic Review (UPR) report of May 2022, the Government indicates that despite all the commitments made, the representation of women in decision-making positions remains low. In that regard, the Committee observes from the Statistical Yearbook of 2022 published by the National Institute of Statistics (INEGE) that, in 2021, women represented only 21.2 per cent of members of the Parliament; 15.7 per cent of members of the Senate; and 12.2 per cent of members of the Government (table 123, page 166), a proportion that remains mostly unchanged over the past decade. According to ILOSTAT, in 2023, the labour force participation rate was estimated at 60.9 per cent for women, compared to 69 per cent form men (modelled estimates). The Committee takes note of the adoption of the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”, through Decree No. 69/2021 of 29 April 2021, which sets as specific objective the development of a dynamic role for women in economic, social, political and family life, through: (1) the promotion of equality of opportunity between men and women in access to employment and vocational training, including in decision-making bodies; (2) the elimination of gender roles and stereotypes; (3) the elimination of all forms of discrimination against women in all aspects of economic, political and social life; and (4) the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee notes that, with a view to implement the Strategy, the Government indicated, in its 2022 voluntary national review report of achievement of the Sustainable Development Goals (SDGs), that a new Gender Equality Policy has been elaborated but that the following strategic actions still need to be implemented: (1) elaboration and adoption of a Multisectoral Plan for Gender Equality; (2) elaboration and adoption of a Gender Equality Operational Plan for 2020–25; and (3) implementation of a national plan for the collection, analysis and dissemination of data on the promotion and protection of the rights of women and girls. Observing, in that regard, that no comprehensive statistical data on employment has been collected since 2015, the Committee recalls that the collection and analysis of statistics are a crucial means for assessing the implementation of the Convention, including the remuneration levels of men and women and wage differentials (see 2012 General Survey on the fundamental Conventions, paragraph 869). The Committee asks the Government to take every necessary steps in order to address gender stereotypes and promote women’s participation to the labour market, in particular to jobs with career prospects and higher pay. It asks the Government to provide information on: (i) any measures implemented to that end, in particular in the framework of the Sustainable Development Strategy “Equatorial Guinea Agenda 2035”; (ii) any progress made in the adoption and implementation of the Gender Equality Policy, the Multisectoral Plan for Gender Equality, the Gender Equality Operational Plan for 2020-25, and the national plan for the collection of statistical data; and (iii) the distribution of women and men in the various sectors of the economy, and their corresponding earnings, both in the public and private sectors.

Articles 1 and 2(2)(a). Equal remuneration for work of equal value. Scope of application. Legislative developments. The Committee takes note of the adoption of the General Labour Act No. 4/2021, of 3 December 2021, which repealed Act No. 10/2012, of 24 December 2012. It notes, more particularly, that section 85(1) of the General Labour Act provides for equal wage for work of equal value without any discrimination. The Committee, however, observes that the definition of “wage” set out in section 84 of the General Labour Act, excludes several components of wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal) which are covered by the definition of “remuneration” in Article 1(a) of the Convention (see 2012 General Survey, paragraphs 691–692). As regards civil servants, who are excluded from the scope of application of the General Labour Act (section 5(1) of the Act), the Committee notes that section 79(1) of Act No. 2/2014 of 28 July 2014 on Civil Servants of the State provides that civil servants are entitled to receive training and classification that allows them to enjoy equal opportunities in their career but observes that this provision does not reflect the principle of the Convention. The Committee asks the Government to take steps in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, in particular by ensuring that: (i) all workers, including civil servants, are covered by the principle of the Convention; and (ii) all components of remuneration contained in Article 1(a) of the Convention are included in the definition of “wage” for the purpose of applying the principle of the Convention. The Committee further asks the Government to provide information on: (i) any progress made in that regard; (ii) any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as among law enforcement officials; and (iii) the number and nature of any cases of inequality of remuneration between men and women dealt with by the labour inspectors, the courts or any other competent authority, specifying the penalties imposed and the compensation awarded.

Article 2(2)(b). Minimum wages. The Committee notes the adoption of Decree No. 30/2016 of 29 January 2016 extending the validity of Decree No. 121/2011 of 5 December 2011 establishing the Interprofessional Minimum Wage (SMI). It notes that section 86(1) of the General Labour Act provides that the Government shall set the SMI, after consultation with the representative employers’ and workers’ organizations. The Committee observes, however, that while section 85(2) of the General Labour Act provides that remuneration shall in no case be less than the established SMI, several provisions of the General Labour Act set lower remuneration for specific categories of workers or sectors, such as domestic workers whose remuneration may not be less than 80 per cent of the SMI (section 38 of the Act). The Committee recalls, in that regard, that in the case of minimum wage fixing at the sector level, special attention is needed to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey, paragraph 683). The Committee asks the Government to provide information on: (i) the measures taken to ensure that the determination of the minimum wage rates is free from gender bias, and that work in sectors with a high proportion of women, including domestic work, is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) any steps envisaged, including in collaboration with employers’ and workers’ organizations, to set a national minimum wage rate that would apply equally to all sectors and all categories of workers.

Article 3. Objective job evaluation. The Committee notes that Decree No. 167/2013 of 23 October 2013 establishes: (1) the classification system of public service positions that are organized into three different levels according to the academic degree required; and (2) 24 salary scales that should be revised every year by the General State Budget Act. In that regard, the Committee notes that Appendix VIII of the General State Budget Act for 2023 establishes the monthly basic remuneration and supplements for the different salary scales. The Committee asks the Government to provide information on: (i) any job evaluation exercise undertaken in the public sector, indicating the method and criteria used and the measures adopted to ensure that job classifications and pay scales applicable in the public sector are free from gender bias and that jobs largely performed by women are not being undervalued and, consequently, underpaid in comparison to those largely performed by men; and (ii) any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation in the private sector based on criteria that are free from gender bias, such as qualifications, skills, effort, responsibilities and conditions of work.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. The Committee notes that the Sustainable Development Strategy “Equatorial Guinea Agenda 2035” sets as specific objective capacity-building for the social partners in order to strengthen their participation into the social dialogue process, and the development of negotiation mechanisms regarding the determination of the working conditions. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, the Committee asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives. It also asks the Government to provide a copy of any collective agreements in force containing clauses reflecting the principle of the Convention.

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

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 2023, 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 to 4 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee recalled that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors, and requested the Government to provide information on progress made in implementing measures to address vertical and horizontal occupational segregation. The Committee notes that strategic objective 5 “Decent work and social inclusion of vulnerable groups” of the National Plan for Economic and Social Development 2016–2020 (“Plan Horizonte 2020”) provides for the adoption of measures to promote productive employment and entrepreneurship of women, including equal access to resources, the elimination of occupational segregation and other forms of discrimination in employment. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF 2019–2023) includes, under its section 3, outcome 2.2 regarding equitable access to employment opportunities for vulnerable groups. However, the Committee also notes that, in its concluding observations, the United Nations Human Rights Committee expressed its concern at the persistence of traditional gender stereotypes regarding the roles of women and men in the family and in society and at the low level of women’s representation in political and public life (CCPR/C/GNQ/CO/1, 22 August 2019, paragraphs 28 and 29). The Committee requests the Government to provide information on the measures adopted in the framework of the “Plan Horizonte 2020” and UNDAF 2019 – 2023 to address the causes of the gender wage gap, including occupational segregation and gender stereotypes, and on the results achieved.

Articles 2 and 3. Determining rates of remuneration. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensured that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have resulted in the undervaluation of “female jobs” in comparison with those of men when determining wage rates. Therefore, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 701).The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, in determining wages, wage scales and job descriptions, objective criteria are applied, free from gender stereotyping.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted to collaborate with the social partners in implementing the principle of the Convention, including measures regarding consultations carried out in the consultative wage councils.

Enforcement. The Committee notes the Government’s indication in its 2019 Universal Periodic Review report that: (1) monitoring and follow-up are ensured both by the Ministry of Labour and by the National Social Security Institute in respect of equal remuneration; (2) violations of equality at work are penalized as a breach by the employer; and (3) in 2015 the Commission for the Implementation and Monitoring of National Employment Policy, holding joint responsibility with the decentralized employment offices for monitoring compliance with equality policies, was established.The Committee requests the Government to provide information on the measures adopted by the Commission for the Implementation and Monitoring of the National Employment Policy to ensure compliance with equality measures and policies pertinent to the application of the principle of the Convention. The Committee also requests the Government to provide information on all concrete cases detected of violations of the principle of equal pay for men and women for work of equal value, the penalties imposed and remedies granted.

Statistics. The Committee recalls that the collection and analysis of statistics is an important aspect of monitoring implementation of the Convention. In order to be able to address discrimination and unequal pay appropriately, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (General Survey, 2012, paragraph 869).The Committee once again requests the Government to provide up-to-date statistical information on the distribution of men and women in the various wage levels and occupational categories in both the public and private sectors, in order to permit an evaluation of the progress made in the application of the Convention.

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

Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee recalled that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors, and requested the Government to provide information on progress made in implementing measures to address vertical and horizontal occupational segregation. The Committee notes that strategic objective 5 “Decent work and social inclusion of vulnerable groups” of the National Plan for Economic and Social Development 2016–2020 (“Plan Horizonte 2020”) provides for the adoption of measures to promote productive employment and entrepreneurship of women, including equal access to resources, the elimination of occupational segregation and other forms of discrimination in employment. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF 2019–2023) includes, under its section 3, outcome 2.2 regarding equitable access to employment opportunities for vulnerable groups. However, the Committee also notes that, in its concluding observations, the United Nations Human Rights Committee expressed its concern at the persistence of traditional gender stereotypes regarding the roles of women and men in the family and in society and at the low level of women’s representation in political and public life (CCPR/C/GNQ/CO/1, 22 August 2019, paragraphs 28 and 29). The Committee requests the Government to provide information on the measures adopted in the framework of the “Plan Horizonte 2020” and UNDAF 2019 – 2023 to address the causes of the gender wage gap, including occupational segregation and gender stereotypes, and on the results achieved.

Articles 2 and 3. Determining rates of remuneration. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensured that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have resulted in the undervaluation of “female jobs” in comparison with those of men when determining wage rates. Therefore, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 701). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, in determining wages, wage scales and job descriptions, objective criteria are applied, free from gender stereotyping.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted to collaborate with the social partners in implementing the principle of the Convention, including measures regarding consultations carried out in the consultative wage councils.

Enforcement. The Committee notes the Government’s indication in its 2019 Universal Periodic Review report that: (1) monitoring and follow-up are ensured both by the Ministry of Labour and by the National Social Security Institute in respect of equal remuneration; (2) violations of equality at work are penalized as a breach by the employer; and (3) in 2015 the Commission for the Implementation and Monitoring of National Employment Policy, holding joint responsibility with the decentralized employment offices for monitoring compliance with equality policies, was established. The Committee requests the Government to provide information on the measures adopted by the Commission for the Implementation and Monitoring of the National Employment Policy to ensure compliance with equality measures and policies pertinent to the application of the principle of the Convention. The Committee also requests the Government to provide information on all concrete cases detected of violations of the principle of equal pay for men and women for work of equal value, the penalties imposed and remedies granted.

Statistics. The Committee recalls that the collection and analysis of statistics is an important aspect of monitoring implementation of the Convention. In order to be able to address discrimination and unequal pay appropriately, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (General Survey, 2012, paragraph 869). The Committee once again requests the Government to provide up-to-date statistical information on the distribution of men and women in the various wage levels and occupational categories in both the public and private sectors, in order to permit an evaluation of the progress made in the application of the Convention.

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 2 of the Convention. Promotion of the principle of equal remuneration and application in practice. The Committee notes the Government’s statement that the national legislation and practice are in conformity with the Convention and that there is no sex discrimination whatsoever. It notes, however, from the reports submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2004/CRP.2/Add.2 and CEDAW/C/GNQ/4-5, 11 February 2004) that although national legislation guarantees equal opportunities, women have some difficulties in practice when it comes to competing with men on an equal footing: women make up 81.47 per cent of the workforce in agriculture and are further concentrated in services and retail and trade. While women perform 52 per cent of all manual work, only a third of that is paid labour; men perform 48 per cent of the labour and receive three-quarters of the compensation. Also, the proportion of women among senior executives and other employees in the private sector is particularly low, at only 0.3 per cent.

2. The Committee recalls that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors. It therefore recognizes that policies to promote and ensure access of women to a wide range of sectors and occupations, including higher-level posts have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee notes from the CEDAW report (CEDAW/C/GNQ/4-5) that Presidential Decree No. 79/2002 of 27 May 2002 establishes a National Policy for the Advancement of Women (PNPM) and that work is currently under way on a draft plan of action to implement the Policy. It hopes that the forthcoming action plan will include measures to address vertical and horizontal occupational segregation with a view to reduce wage inequalities. The Government is asked to provide information on the progress made in implementing the policy and the action plan, and their impact on promoting the principle of the Convention. Please also supply copies of both the Policy and the action plan.

3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up to date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information previously provided concerning the job classification system used in the public sector. It also notes the information on wage determination in the private sector, including Government Decree No. 6 of 1996 fixing minimum wages, and its annexes on minimum wages for the different occupations in various economic sectors based on a coefficient system and job descriptions. Noting the Government’s statement that there is no sex-based discrimination whatsoever in determining wages, the Committee would like to point out that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for work of equal value. The Government is asked to provide information on the manner in which the Government ensures that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions.

5. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information with its next report on the consultations held with the social partners and within the Consultative Wage Councils leading to the adoption of measures ensuring equal remuneration for men and women for work of equal value.

6. Part III of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the Labour Inspectorate supervises and ensures the application of the relevant legislation and the principle of equal remuneration between men and women for work of equal value.

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 2 of the Convention. Promotion of the principle of equal remuneration and application in practice. The Committee notes the Government’s statement that the national legislation and practice are in conformity with the Convention and that there is no sex discrimination whatsoever. It notes, however, from the reports submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2004/CRP.2/Add.2 and CEDAW/C/GNQ/4-5, 11 February 2004) that although national legislation guarantees equal opportunities, women have some difficulties in practice when it comes to competing with men on an equal footing: women make up 81.47 per cent of the workforce in agriculture and are further concentrated in services and retail and trade. While women perform 52 per cent of all manual work, only a third of that is paid labour; men perform 48 per cent of the labour and receive three-quarters of the compensation. Also, the proportion of women among senior executives and other employees in the private sector is particularly low, at only 0.3 per cent.

2. The Committee recalls that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors. It therefore recognizes that policies to promote and ensure access of women to a wide range of sectors and occupations, including higher-level posts have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee notes from the CEDAW report (CEDAW/C/GNQ/4-5) that Presidential Decree No. 79/2002 of 27 May 2002 establishes a National Policy for the Advancement of Women (PNPM) and that work is currently under way on a draft plan of action to implement the Policy. It hopes that the forthcoming action plan will include measures to address vertical and horizontal occupational segregation with a view to reduce wage inequalities. The Government is asked to provide information on the progress made in implementing the policy and the action plan, and their impact on promoting the principle of the Convention. Please also supply copies of both the Policy and the action plan.

3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up-to-date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information previously provided concerning the job classification system used in the public sector. It also notes the information on wage determination in the private sector, including Government Decree No. 6 of 1996 fixing minimum wages, and its annexes on minimum wages for the different occupations in various economic sectors based on a coefficient system and job descriptions. Noting the Government’s statement that there is no sex-based discrimination whatsoever in determining wages, the Committee would like to point out that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for work of equal value. The Government is asked to provide information on the manner in which the Government ensures that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions.

5. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information with its next report on the consultations held with the social partners and within the Consultative Wage Councils leading to the adoption of measures ensuring equal remuneration for men and women for work of equal value.

6. Part III of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the Labour Inspectorate supervises and ensures the application of the relevant legislation and the principle of equal remuneration between men and women for work of equal value.

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

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

1. Article 2 of the Convention. Promotion of the principle of equal remuneration and application in practice. The Committee notes the Government’s statement that the national legislation and practice are in conformity with the Convention and that there is no sex discrimination whatsoever. It notes, however, from the reports submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2004/CRP.2/Add.2 and CEDAW/C/GNQ/4-5, 11 February 2004) that although national legislation guarantees equal opportunities, women have some difficulties in practice when it comes to competing with men on an equal footing: women make up 81.47 per cent of the workforce in agriculture and are further concentrated in services and retail and trade. While women perform 52 per cent of all manual work, only a third of that is paid labour; men perform 48 per cent of the labour and receive three-quarters of the compensation. Also, the proportion of women among senior executives and other employees in the private sector is particularly low, at only 0.3 per cent.

2. The Committee recalls that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors. It therefore recognizes that policies to promote and ensure access of women to a wide range of sectors and occupations, including higher-level posts have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee notes from the CEDAW report (CEDAW/C/GNQ/4-5) that Presidential Decree No. 79/2002 of 27 May 2002 establishes a National Policy for the Advancement of Women (PNPM) and that work is currently under way on a draft plan of action to implement the Policy. It hopes that the forthcoming action plan will include measures to address vertical and horizontal occupational segregation with a view to reduce wage inequalities. The Government is asked to provide information on the progress made in implementing the policy and the action plan, and their impact on promoting the principle of the Convention. Please also supply copies of both the Policy and the action plan.

3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up-to-date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information previously provided concerning the job classification system used in the public sector. It also notes the information on wage determination in the private sector, including Government Decree No. 6 of 1996 fixing minimum wages, and its annexes on minimum wages for the different occupations in various economic sectors based on a coefficient system and job descriptions. Noting the Government’s statement that there is no sex-based discrimination whatsoever in determining wages, the Committee would like to point out that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for work of equal value. The Government is asked to provide information on the manner in which the Government ensures that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions.

5. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information with its next report on the consultations held with the social partners and within the Consultative Wage Councils leading to the adoption of measures ensuring equal remuneration for men and women for work of equal value.

6. Part III of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the Labour Inspectorate supervises and ensures the application of the relevant legislation and the principle of equal remuneration between men and women for work of equal value.

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

1. Article 2 of the Convention. Promotion of the principle of equal remuneration and application in practice. The Committee notes the Government’s statement that the national legislation and practice are in conformity with the Convention and that there is no sex discrimination whatsoever. It notes, however, from the reports submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2004/CRP.2/Add.2 and CEDAW/C/GNQ/4-5, 11 February 2004) that although national legislation guarantees equal opportunities, women have some difficulties in practice when it comes to competing with men on an equal footing: women make up 81.47 per cent of the workforce in agriculture and are further concentrated in services and retail and trade. While women perform 52 per cent of all manual work, only a third of that is paid labour; men perform 48 per cent of the labour and receive three-quarters of the compensation. Also, the proportion of women among senior executives and other employees in the private sector is particularly low, at only 0.3 per cent.

2. The Committee recalls that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors. It therefore recognizes that policies to promote and ensure access of women to a wide range of sectors and occupations, including higher-level posts have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee notes from the CEDAW report (CEDAW/C/GNQ/4-5) that Presidential Decree No. 79/2002 of 27 May 2002 establishes a National Policy for the Advancement of Women (PNPM) and that work is currently under way on a draft plan of action to implement the Policy. It hopes that the forthcoming action plan will include measures to address vertical and horizontal occupational segregation with a view to reduce wage inequalities. The Government is asked to provide information on the progress made in implementing the policy and the action plan, and their impact on promoting the principle of the Convention. Please also supply copies of both the Policy and the action plan.

3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up-to-date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.

4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information previously provided concerning the job classification system used in the public sector. It also notes the information on wage determination in the private sector, including Government Decree No. 6 of 1996 fixing minimum wages, and its annexes on minimum wages for the different occupations in various economic sectors based on a coefficient system and job descriptions. Noting the Government’s statement that there is no sex-based discrimination whatsoever in determining wages, the Committee would like to point out that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for work of equal value. The Government is asked to provide information on the manner in which the Government ensures that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions.

5. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information with its next report on the consultations held with the social partners and within the Consultative Wage Councils leading to the adoption of measures ensuring equal remuneration for men and women for work of equal value.

6. Part III of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the Labour Inspectorate supervises and ensures the application of the relevant legislation and the principle of equal remuneration between men and women for work of equal value.

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

The Committee notes that after many years the Government’s report has not been received. It trusts that the Government will adopt the necessary measures to send a report on the application of the Convention in the near future.

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

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

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its General Survey of 1986 on equal remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.

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

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

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.

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

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

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.

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

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

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.

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

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

1. The Committee notes with interest Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.

2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.

3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).

4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.

5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.

6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.

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

The Committee notes the Government's first and second reports.

1. The Committee notes that section 51 of the Labour Code (Act No. 11 of 1984) contains the definition of "remuneration", and that section 52 of the Code enumerates certain elements which do not form part of remuneration. It draws the Government's attention to Article 1(a) of the Convention, and requests the Government to provide information on the measures which have been taken or are contemplated to ensure that all forms of remuneration are provided without discrimination on the basis of sex.

2. The Committee notes that reference is made to the equal remuneration principle in the introductory paragraphs to the Labour Code and in its sections 13, 28 and 53, but that the principle is differently worded in each of these sections. The Committee refers to Article 2, paragraph 1, of the Convention and to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, and requests the Government to indicate the scope of the equal remuneration principle in the Labour Code and the way in which men and women workers are paid equal remuneration for work of equal value, without discrimination on the ground of sex.

The Committee also requests the Government to provide information on how the principle of equal remuneration for work of equal value, as required by the Convention, is applied in the public sector.

3. The Committee notes with interest the system of job classifications used to fix the minimum wage rates for salaried workers in the private sector. It requests the Government to indicate the methods and criteria used for the objective evaluation of jobs in the framework of the classification system. It also requests the Government to indicate whether a similar job classification scheme is used in the public sector. It further requests the Government to provide information on how the principle of equal remuneration for work of equal value is assured to workers remunerated above the minimum level in both the public and the private sectors.

4. The Committee notes that workers and employers take part in the process of fixing minimum wages, through their participation in a consultative committee in the Ministry of Labour and Social Affairs. It requests the Government to provide information on the composition, status and functioning of that consultative committee.