Equal Remuneration Convention, 1951 (No. 100) - Sudan (Ratification: 1970)

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

Previous comment

The Committee notes that, since the receipt of the Government report in 2022, an armed conflict erupted in the country in 2023 between the Sudanese Armed forces and the Rapid Support Forces. This conflict is still ongoing. The Committee acknowledges the complexity of the situation prevailing on the ground due to the presence of armed groups and armed conflict in the country. Nevertheless, it trusts that the Government will make all efforts to bring its law and practice into conformity with the Convention.

Article 1(b) of the Convention. Legislation. The Committee notes the Government’s indication in its report that, to be in conformity with the Convention, a section 51(9) was added to the draft Labour Code which states that: “A working woman shall be entitled to equal remuneration to that of a working man for work of equal value.The Committeeexpresses the firm hope that the Government will make every effort to ensure that the draft Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal “value”. The Committee asks the Government to provide information on any progress made in this regard.

Article 2. Application of the principle of equal remuneration for work of equal value. Civil service. The Committee recalls that section 28 of the National Service Act, 2007 provides for the principle of equal remuneration for ‘equal work’ which is narrower than the principle enshrined in the Convention. Section 28 states: “In determining wages, the principle of equal remuneration for ‘equal work’ is taken into account on the basis of the nature of the work, the rigours of its demands and responsibilities and the conditions in which it is performed.” According to the Government, the principle of equal remuneration for men and women workers for work of equal value (which encompasses work that is of an entirely different nature, but nevertheless of equal value) is applied on an equal footing to both men and women through the unified salary structure for public service workers. Furthermore, the minimum wage is based on the recommendations of the Higher Council for Wages and applies to all workers in both the public and private sectors, allowing workers’ and employers’ organizations in the private sector to enter into collective negotiations and reach collective agreements on increasing the minimum wage. The Committee observes that, according to section 28 of the National Service Act, 2007 in setting the unified salary structure for public service workers, the evaluation had been made on the basis of the four main job factors mentioned above: the nature of the work, the rigours of its demands, the responsibilities and the conditions in which it is performed. The Committee asks the Government to indicate the measures taken to ensure that the factors used to compare jobs are free from gender bias, to allow the Committee to assess whether the method of evaluation of jobs used did not undervalue or overlook skills considered to be ‘female’ or tasks traditionally undertaken by women.

Private sector. The Committee again asks the Government to provide information on the steps taken or envisaged to address the underlying causes of pay inequality, and to promote actively the access of women to a wider range of jobs and occupations in the private sector, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include information on any measures targeting workers in the informal economy and unpaid family workers.

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

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

Repetition

The Committee notes that, since the receipt of the Government report in 2017 the country faced a political crisis in April 2019. It notes the establishment in July 2019 of an agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 1(b) of the Convention. Legislation. The Committee previously noted that the Labour Code, 1997, does not provide for the principle of equal pay for men and women for work of equal value, and that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, provides only for equal remuneration for equal work, which is narrower than the principle of the Convention. The Committee notes once again the Government’s repeated indication that the draft of the new Labour Code has already included a provision on equal remuneration for work of equal value and is awaiting adoption. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee expresses the firm hope that the Government will make every effort to ensure that the Permanent Constitution and the new Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any progress made in this regard and on the status of the adoption of the new Labour Code.

Article 2. Application of the principle of equal remuneration for work of equal value. Civil service. In response to the Committee’s request for information on the measures taken to improve access of women to a wider range of posts in the civil service, the Government indicates that the National Civil Service Act, 2007, provides in section 28 the principle of equal remuneration for equal work. Hence, the wages and allowances in kind and the other occupational allowances associated with the post at the particular level within the Unit are only accorded to whoever has satisfied the post’s performance criteria, and has carried out obligations and responsibilities, regardless of the gender of the person occupying the post. Accordingly, the concentrating of women in specific ministries or lower employment grades in the manner stated does not exist; rather everybody is subject to a unified pay structure throughout Sudan. Thus, women occupy professional roles in all executive, legislative and judicial agencies of the State, and likewise within the uniformed services. In that regard, the Committee wishes to recall that the principle enshrined in the Convention and which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value goes beyond the principle of equal remuneration for “equal” work, the “same” work or “similar” work, it encompasses work that is of an entirely different nature, but nevertheless of equal “value”. Indeed, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. In that respect, based on the information provided by the Government, the Committee notes that there is horizontal (concentration of women in certain ministries) and vertical (concentration of women in the lower grades) sex segregation in the public service. The concept of work of equal “value” is therefore fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee once again asks the Government to provide information on the measures taken to address the underlining causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs; and to provide updated statistical information on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings, in order to assess the impact of the measures taken to implement effectively the principle of equal remuneration for equal work, as set out in section 28 of the National Civil Service Act, 2007.

Private sector. In its last comment, the Committee asked the Government to take the necessary steps to collect, analyse and provide data on men’s and women’s earnings by sector of activity, occupation and level of employment, covering both the formal and informal economy. It also asked it to provide information on the measures taken or envisaged to promote and ensure the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Noting that statistical data indicates that 61.9 per cent of women work in the agricultural, forestry and fishing sector and 36.4 per cent work as unpaid family workers in 2011, the Committee asked the Government to provide information on measures targeting unpaid family workers and workers in the informal economy. The Committee notes the Government’s indication that the last Enterprise Survey was conducted in 2007 and that since then the Central Statistical Agency is still working on collecting updated statistical information on men’s and women’s earnings. Regarding the informal economy, the Government indicates that there is no information available, and that a survey of employment within this sector is in preparation but requires appropriate funding. Recalling that the collection and analysis of statistical data on men’s and women’s earnings is crucial in order to review the progress made in reducing the gender pay gap, the Committee hopes that the Government will soon be in a position to provide up-to-date information in this regard. Further, the Committee wishes to recall that in its 2012 General Survey on fundamental Conventions (paragraphs 712–714) it stressed that, as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its underlying causes, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non discrimination set out in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156) (see 2012 General Survey, paragraphs 712–714). The Committee asks the Government to provide information on the steps taken or envisaged to address the underlying causes of pay inequality, and therefore to promote actively the access of women to a wider range of jobs and occupations in the private sector, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include information on any measures targeting unpaid family workers and workers in the informal economy.

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

The Committee notes that, since the receipt of the Government report in 2017 the country faced a political crisis in April 2019. It notes the establishment in July 2019 of an agreement between the country’s ruling military council and opposition groups (the Transitional Military Council and the Forces for Freedom and Change) to share power for a three-year period of reforms, followed by elections for a return to full civilian government.

Article 1(b) of the Convention. Legislation. The Committee previously noted that the Labour Code, 1997, does not provide for the principle of equal pay for men and women for work of equal value, and that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, provides only for equal remuneration for equal work, which is narrower than the principle of the Convention. The Committee notes once again the Government’s repeated indication that the draft of the new Labour Code has already included a provision on equal remuneration for work of equal value and is awaiting adoption. Noting the forthcoming three-year period of reforms facing the transition Government, the Committee expresses the firm hope that the Government will make every effort to ensure that the Permanent Constitution and the new Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any progress made in this regard and on the status of the adoption of the new Labour Code.

Article 2. Application of the principle of equal remuneration for work of equal value. Civil service. In response to the Committee’s request for information on the measures taken to improve access of women to a wider range of posts in the civil service, the Government indicates that the National Civil Service Act, 2007, provides in section 28 the principle of equal remuneration for equal work. Hence, the wages and allowances in kind and the other occupational allowances associated with the post at the particular level within the Unit are only accorded to whoever has satisfied the post’s performance criteria, and has carried out obligations and responsibilities, regardless of the gender of the person occupying the post. Accordingly, the concentrating of women in specific ministries or lower employment grades in the manner stated does not exist; rather everybody is subject to a unified pay structure throughout Sudan. Thus, women occupy professional roles in all executive, legislative and judicial agencies of the State, and likewise within the uniformed services. In that regard, the Committee wishes to recall that the principle enshrined in the Convention and which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value goes beyond the principle of equal remuneration for “equal” work, the “same” work or “similar” work, it encompasses work that is of an entirely different nature, but nevertheless of equal “value”. Indeed, due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. In that respect, based on the information provided by the Government, the Committee notes that there is horizontal (concentration of women in certain ministries) and vertical (concentration of women in the lower grades) sex segregation in the public service. The concept of work of equal “value” is therefore fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison (see the 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee once again asks the Government to provide information on the measures taken to address the underlining causes of inequalities in remuneration, such as gender discrimination, gender stereotypes, and occupational segregation and to promote women’s access to a wider range of job opportunities at all levels, including top management positions and higher paying jobs; and to provide updated statistical information on the distribution of men and women in the different posts of the public service and their corresponding levels of earnings, in order to assess the impact of the measures taken to implement effectively the principle of equal remuneration for equal work, as set out in section 28 of the National Civil Service Act, 2007.

Private sector. In its last comment, the Committee asked the Government to take the necessary steps to collect, analyse and provide data on men’s and women’s earnings by sector of activity, occupation and level of employment, covering both the formal and informal economy. It also asked it to provide information on the measures taken or envisaged to promote and ensure the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Noting that statistical data indicates that 61.9 per cent of women work in the agricultural, forestry and fishing sector and 36.4 per cent work as unpaid family workers in 2011, the Committee asked the Government to provide information on measures targeting unpaid family workers and workers in the informal economy. The Committee notes the Government’s indication that the last Enterprise Survey was conducted in 2007 and that since then the Central Statistical Agency is still working on collecting updated statistical information on men’s and women’s earnings. Regarding the informal economy, the Government indicates that there is no information available, and that a survey of employment within this sector is in preparation but requires appropriate funding. Recalling that the collection and analysis of statistical data on men’s and women’s earnings is crucial in order to review the progress made in reducing the gender pay gap, the Committee hopes that the Government will soon be in a position to provide up-to-date information in this regard. Further, the Committee wishes to recall that in its 2012 General Survey on fundamental Conventions (paragraphs 712–714) it stressed that, as wage discrimination cannot be tackled effectively unless action is taken simultaneously to deal with its underlying causes, it is important to address equal remuneration in the context of the more general rights and protections regarding equality and non discrimination set out in the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Workers with Family Responsibilities Convention, 1981 (No. 156) (see 2012 General Survey, paragraphs 712–714). The Committee asks the Government to provide information on the steps taken or envisaged to address the underlying causes of pay inequality, and therefore to promote actively the access of women to a wider range of jobs and occupations in the private sector, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include information on any measures targeting unpaid family workers and workers in the informal economy.

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

Article 1(b) of the Convention. Legislation. The Committee recalls that the Labour Code, 1997, does not give explicit legal expression to the principle of equal pay for men and women for work of equal value, as provided in Article 1(b) of the Convention, and that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, provides only for equal remuneration for equal work, which is narrower than the principle of the Convention. The Committee notes observations of the Sudanese Businessmen and Employers’ Federation, submitted by the Government with its report, that the draft of the new Labour Code includes a provision on equal remuneration for work of equal value. The Government indicates that it is making every effort to bring the national legislation into conformity with the principle of the Convention. The Committee once again expresses the firm hope that the Government will make every effort to ensure that the Permanent Constitution and the new Labour Code, when adopted, will give full legal expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to provide information on any progress made in this regard and on the status of the adoption of the new Labour Code.

Article 2. Application of the principle in the civil service. Recalling its request as to measures taken to improve access of women to a wider variety of posts in the civil service, the Committee notes the Government’s indication that women occupy managerial posts, various posts in the ministries, and account for 25 per cent of members Parliament. The Government also indicates that in some cases, the concentration of women in certain ministries and in the lower grades of the civil service is imposed by the nature of the job and the labour market. The Committee recalls that occupational gender segregation into lower paying jobs or occupations or positions without career opportunities has been identified as one of the underlying causes of the gender pay gap. Historical attitudes towards the role of women in society along with stereotypical assumptions regarding women’s aspirations, preferences and “suitability” for certain jobs have contributed to such occupational segregation in the labour market, and an undervaluation of so-called “female jobs” in comparison with jobs performed by men (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 712). The Committee therefore once again asks the Government to consider undertaking an assessment of the nature and extent of the remuneration gap that may exist in the civil service due to the concentration of women in certain ministries and in the lower grades of the civil service, and to report on the findings including information on the distribution of men and women in public service and corresponding levels of earnings. The Committee also asks the Government to continue to provide information on the measures taken to improve access of women to a wider range of posts in the civil service, especially those that attract higher pay.

Application of the principle in the private sector. The Committee notes that the Labour Force Survey Project provided by the Government includes extensive statistical data on the distribution of men and women in the various occupations but does not provide information on their corresponding levels of earnings. The Committee notes from the statistical data that 61.9 per cent of women work in the agricultural, forestry and fishing sector and 36.4 per cent work as unpaid family workers. The Sudanese Businessmen and Employers’ Federation indicates that women are employed particularly in the manufacturing, pharmaceutical and food industries. The Committee further notes from the statistical information provided, that very few women have completed vocational training. The Committee notes the Government’s statement in its second periodic report to the United Nations Committee on Economic, Social and Cultural Rights, which recognizes the presence of cultural and social factors limiting women’s aspirations to hold high positions (E/C.12/SDN/2, 18 September 2013, paragraph 146). The Committee asks the Government to take the necessary steps to collect, analyse and provide data on men’s and women’s earnings by sector of activity, occupation and level of employment, covering both the formal and informal economy. The Committee also asks the Government to provide information on the measures taken or envisaged to promote and ensure the access of women to a wider range of jobs and occupations, including through improving their educational levels and encouraging their participation in a wide range of vocational training courses and fields of study. Please also include measures targeting unpaid family workers and workers in the informal economy.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the indication by the Sudanese Businessmen and Employers’ Federation that recent collective agreements have included the principle of equal remuneration for work of equal value. The Committee asks the Government to continue to provide relevant extracts of collective agreements explicitly referring to the principle of the Convention, and to provide information on any other measures taken with workers’ and employers’ organizations to give effect to the principle of equal remuneration for work of equal value.

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

The Committee notes the Government’s indication in its report that a training session on international labour standards and reporting obligations was organized with the ILO in August 2010 and provided some clarifications on the principle of “equal remuneration for work of equal value”. The Committee notes the Government’s commitment to address the issue of equal remuneration for men and women, through the examination of reference documents and publications referred to in the training session as well as the Government’s intention to request ILO technical assistance once this review is completed. The Committee nevertheless recalls that in its previous comment it raised the following points, which have not been addressed in the Government’s report.

Article 1(b) of the Convention. Legislation on equal remuneration for men and women for work of equal value. The Committee recalls that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, and article 20(2) of the Interim Constitution of Southern Sudan, 2005, provide only for equal pay for men and women for equal work, which is narrower than the right to equal remuneration for men and women for “work of equal value” contained in Article 1(b) of the Convention. The Committee also recalls that the Labour Code, 1997, does not give explicit legal expression to the principle of the Convention. The Committee notes that section 11(1) of the new Southern Sudan draft Labour Act provides for equal remuneration for men and women for work of equal value, and that subsection (2) provides that every employer shall take positive steps to guarantee equal remuneration for men and women for work of equal value. Given that the draft Labour Act only covers Southern Sudan and that the relevant constitutional provisions for Sudan as a whole and for Southern Sudan continue to provide for equal pay for equal work, the Committee must conclude that legal uncertainty continues to exist as to the full application in law of the principle of equal remuneration for men and women for work of “equal value”. The Committee therefore asks the Government to take the necessary steps to bring its national legislation into conformity with the principle of the Convention. The Committee hopes that the new Southern Sudan draft Labour Act will soon be adopted and asks the Government to consider inserting a similar provision in the Labour Code of 1997. The Committee further hopes that the Government will make every effort to ensure that the future permanent Constitution, when adopted, will give full legal expression to the principle contained in Article 1(b), and to provide information on any developments in this regard.

Article 2. Application of the principle of equal remuneration for work of equal value in the civil service. The Committee recalls its previous comments in which it noted that women employed in the civil service were concentrated in the ministries of finance and economy, health, financial resources and justice. They were also employed in the lower grades of the civil service (grades 7–13). The Committee notes the Government’s statement that equal remuneration applies to all public officials, whether in government or the private sector, without discrimination based on sex. The Committee recalls that the principle of the Convention goes beyond equal remuneration for work performed by men and women in the same occupation and grade, and that inequalities in remuneration may also be the result of the concentration of women in occupations or grades where pay is low and where promotional opportunities are scarce. The Committee asks the Government to:

(i)    consider undertaking an assessment of the nature and extent of the remuneration gap that may exist in the civil service due to the concentration of women in certain ministries and in the lower grades of the civil service, and to report on the findings; and

(ii)   to provide information on the measures taken to improve access of women to a wider variety of posts in the civil service, especially those that attract higher pay.

Application of the principle in the private sector. The Committee recalls the need to adopt concrete measures aimed at correcting gender inequalities in remuneration that may exist in practice. Referring to its 1998 general observation on this Convention, the Committee also recalls the importance of collecting and analysing statistics on the earnings of men and women in the various occupations and sectors of the economy in order to determine the nature, extent and causes of remuneration inequalities between men and women. The Committee notes in this regard the Government’s intention to communicate the results of the population census undertaken in 2008 and of the labour market survey, which is still ongoing, as soon as they are available. The Committee looks forward to receiving the results of the population census and labour market survey, and hopes that these contain relevant sex-disaggregated data on the distribution of men and women in the various occupations and their corresponding earnings. The Committee also asks the Government to provide any other information allowing an assessment of the extent to which the principle of the Convention is being applied in practice in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee reiterates its request to the Government to provide further details regarding how it is encouraging workers’ and employers’ organizations to ensure that collective agreements promote and apply the principle of the Convention, and to include copies of relevant collective agreements.

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

Article 1(b) of the Convention. Legislation on equal remuneration for men and women for work of equal value. The Committee recalls that article 32(1) of the Interim National Constitution of the Republic of the Sudan, 2005, and article 20(2) of the Interim Constitution of Southern Sudan, 2005, provide only for equal pay for men and women for equal work, which is narrower than the right to equal remuneration for men and women for “work of equal value” contained in Article 1(b) of the Convention. The Committee also recalls that the Labour Code, 1997, does not give explicit legal expression to the principle of the Convention. The Committee notes that section 11(1) of the new Southern Sudan draft Labour Act provides for equal remuneration for men and women for work of equal value, and that subsection (2) provides that every employer shall take positive steps to guarantee equal remuneration for men and women for work of equal value. Given that the draft Labour Act only covers Southern Sudan and that the relevant constitutional provisions for Sudan as a whole and for Southern Sudan continue to provide for equal pay for equal work, the Committee must conclude that legal uncertainty continues to exist as to the full application in law of the principle of equal remuneration for men and women for work of “equal value”. The Committee therefore asks the Government to take the necessary steps to bring its national legislation into conformity with the principle of the Convention. The Committee hopes that the new Southern Sudan draft Labour Act will soon be adopted and asks the Government to consider inserting a similar provision in the Labour Code of 1997. The Committee further hopes that the Government will make every effort to ensure that the future permanent Constitution, when adopted, will give full legal expression to the principle contained in Article 1(b), and to provide information on any developments in this regard.

Article 2. Application of the principle of equal remuneration for work of equal value in the civil service. The Committee recalls its previous comments in which it noted that women employed in the civil service were concentrated in the ministries of finance and economy, health, financial resources and justice. They were also employed in the lower grades of the civil service (grades 7–13). The Committee notes the Government’s statement that equal remuneration applies to all public officials, whether in government or the private sector, without discrimination based on sex. The Committee recalls that the principle of the Convention goes beyond equal remuneration for work performed by men and women in the same occupation and grade, and that inequalities in remuneration may also be the result of the concentration of women in occupations or grades where pay is low and where promotional opportunities are scarce. The Committee asks the Government to:

(i)    consider undertaking an assessment of the nature and extent of the remuneration gap that may exist in the civil service due to the concentration of women in certain ministries and in the lower grades of the civil service, and to report on the findings; and

(ii)   to provide information on the measures taken to improve access of women to a wider variety of posts in the civil service, especially those that attract higher pay.

Application of the principle in the private sector. The Committee recalls the need to adopt concrete measures aimed at correcting gender inequalities in remuneration that may exist in practice. Referring to its 1998 general observation on this Convention, the Committee also recalls the importance of collecting and analysing statistics on the earnings of men and women in the various occupations and sectors of the economy in order to determine the nature, extent and causes of remuneration inequalities between men and women. The Committee notes in this regard the Government’s intention to communicate the results of the population census undertaken in 2008 and of the labour market survey, which is still ongoing, as soon as they are available. The Committee looks forward to receiving the results of the population census and labour market survey, and hopes that these contain relevant sex-disaggregated data on the distribution of men and women in the various occupations and their corresponding earnings. The Committee also asks the Government to provide any other information allowing an assessment of the extent to which the principle of the Convention is being applied in practice in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee reiterates its request to the Government to provide further details regarding how it is encouraging workers’ and employers’ organizations to ensure that collective agreements promote and apply the principle of the Convention, and to include copies of relevant collective agreements.

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

1. Article 1(b) of the Convention. Legislation on equal remuneration for work of equal value. With respect to its previous comments concerning the amendment of the Labour Code, the Committee notes the Government’s statement that the draft amendment of the new Labour Code now covers all agricultural workers. The Committee notes, however, that the Government’s report is silent as to whether the draft amendment also gives explicit legal expression to the principle of equal remuneration for work of equal value. It also notes that article 32(1) of the new Interim Constitution of 2005 provides for equal pay for men and women for equal work and other related benefits, and will remain in force until a Permanent Constitution is adopted. The Committee recalls that Article 1(b) of the Convention extends beyond equal remuneration for equal work and also covers work performed by men and women that may be of a different nature but of equal value. The Committee refers to its general observation of 2006 on this Convention, in which it urges governments to take the necessary steps to amend legislation to give full legislative expression to the principle of the Convention. The Committee hopes that the new Labour Code will include a provision guaranteeing equal remuneration for men and women not only for equal, the same or similar work, but also for work of equal value, and that the future Permanent Constitution, when adopted, will give full legislative expression to the principle of the Convention. It asks the Government to keep it informed of any developments in this regard.

2. Article 2. Application of the principle of equal remuneration for work of equal value in the civil service. The Committee notes the statistics of 2005 on the employment of women in the civil service according to grade. It notes that although women are being employed in all ministries they are nevertheless concentrated in the ministries of finance and economy, health, financial resources and justice. In addition, women are also primarily employed in the lower grades of the civil service (grades 7 to 13). The Committee recalls that inequalities in remuneration may be the result of horizontal and vertical occupational segregation of women into lower paying jobs or occupations without promotional opportunities. The Committee asks the Government to provide information on the measures taken to improve women’s access to a wider variety of posts in the civil service, especially those that attract higher pay.

3. Application of the principle in the private sector. The Committee refers to its previous comments in which it had pointed out that in addition to legislation applying the Convention, there is a need to adopt concrete measures aimed at correcting wage inequalities between men and women that may exist in practice. These inequalities can be the result of a number of factors such as less career-oriented education or training, the low status of women and their under-representation in decision-making posts and posts traditionally occupied by men, and the fact that family responsibilities are primarily borne by women. The Committee asks the Government to provide detailed information on the practical measures taken, including the collection of relevant statistical data disaggregated by sex, to determine the extent, nature and causes of wage inequalities between men and women, and to identify the measures taken to address them. The Committee also recalls its observation of 1998 on the need to collect and analyze statistical data on the distribution of women and men in the various sectors and occupations and their corresponding earnings, and hopes that the Government will take the necessary steps to collect such statistics.

4. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s statement that cooperation with the social partners is ongoing in all fields. In the absence of any further details regarding how it is encouraging the social partners to make use of gender-neutral language in collective agreements, the Committee asks the Government to provide such information in its next report, as well as to include copies of relevant collective agreements for the various sectors.

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

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. Recalling its previous comments concerning the possibility of amending the Labour Act of 1997 to include the principle set forth in Article 1 of the Convention, the Committee notes the Government’s statement that the tripartite committee entrusted with the revision of the Labour Act will be informed of these comments. Noting also that the tripartite committee is considering the possibility of extending the coverage of the Act to all agricultural workers, the Committee reiterates the hope that the Act will soon be amended to include the principle set forth in the Convention and to cover, not only all agricultural workers, but also all casual workers. Please also forward a copy of the Act, once adopted.

2. Article 2. Application of the principle in the public sector. The Committee recalls its previous comments asking the Government to provide information on the job classifications in the public service, as well as on the number of men and women in each occupational classification. The Committee notes that the Government’s report refers to a table of statistics on women employment in the public sector, which it has however omitted to enclose with its report. The Committee therefore hopes that the table will be provided with the next report, so that it can assess the progress made in this regard.

3. Article 2. Collaboration with the social partners. The Committee recalls the Government’s statement in its report of 2000 that it will encourage and cooperate with the social partners to make use of gender-neutral language in their collective agreements. The Committee reiterates its request to the Government to provide copies of the existing collective agreements for all sectors.

4. Part V of the report form. Application of the principle of equal remuneration. With regard to its previous request to the Government to provide information on the wages of men and women workers and on the specific measures taken to improve the status of women in the private sector, particularly in the non-traditional occupations and decision-making positions, the Committee notes the Government’s statement on article 21 of the Constitution and article 25 of the Public Service Act of 1994. The Committee wishes to point out that while the provisions in the Constitution and in the Public Service Act on equality and equal pay represent an important step towards the implementation of the principle of the Convention, they do not constitute on their own a sufficient indication that the principle is applied in practice. The application of the principle of equal remuneration for men and women workers for work of equal value also presupposes the adoption of measures aimed at correcting existing inequalities between men and women, including wage inequalities resulting from the low status of women and their under-representation in decision-making posts and non-traditional occupations. The Committee also recalls the importance of collecting statistical information disaggregated by sex, in accordance with its 1998 general observation, in order to enable a better application of the principle of the Convention and to assess the progress made. It, therefore, urges the Government to provide the necessary information on practical application in its next report.

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

The Committee notes the information contained in the Government’s very short report.

1. The Committee notes the Government’s statement that the Labour Code of 1997 defines the worker as any person, male or female, and its conclusion that, based on this definition, there is no distinction in wages permitted by the Code. The Committee reiterates that neither this definition, nor any other provision of the Code, contains the principle set forth in Article 1 of the Convention, and it accordingly once again asks the Government if it is considering amending the Code to include the principle in the near future.

2. Noting the Government’s statement that "practice proves" that there is no distinction in wages between men and women, the Committee asks the Government for detailed information as to such practice to enable the Committee to assess the practical application of the principle of the Convention.

3. The Committee notes the Government’s statement that agricultural and casual workers are exempted from coverage under the Labour Code due to the different nature of their working conditions. The Committee once again reminds the Government that, under the Convention, these groups of workers are entitled to equal remuneration for work of equal value. It also once again reiterates its request to the Government to provide information with its next report on the wages paid to both women and men agricultural workers, as well as on the wages of men and women workers in other sectors.

4. The Committee notes the Government’s statement that the public service applies the wage structure according to applicable public service grades without distinction based on sex. It also notes the Government’s assertion that "the percentage of women in the public service is increasing continuously, and in some places it exceeded the percentage of men". The Committee asks the Government to provide information, in its next report, on the job classifications in the public service, as well as on the number of men and women in each occupational classification.

5. The Committee reiterates its request to the Government to provide information with its next report on the specific measures taken to improve the status of women workers in the private sector, particularly in the non-traditional occupations and decision-making positions.

6. The Committee reiterates, once again, its request to the Government to provide copies of collective agreements, particularly in sectors where many women work.

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

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

1. The Committee notes the Government’s statement of its intention to amend the Labour Code of 1997 to set out the principle of equal remuneration for men and women workers for work of equal value. Noting that neither the Constitution of 1998 nor the Labour Code of 1997 contains the principle set forth in Article 1 of the Convention, the Committee hopes the Government will take the opportunity afforded by its revision of the Labour Code to include the principle of the Convention. It hopes the amendments will be adopted in the near future and that a copy will be forwarded to the Office.

2. Further to its previous comments respecting seasonal agricultural workers and casual workers, the Committee notes the Government’s statement that the Labour Code applies to both men and women seasonal workers, but not to agricultural workers. Considering that this issue has been raised by the Committee several times, it hopes that the Government will take the opportunity afforded by its revision of the Labour Code to include the principle of equal remuneration for work of equal value, as set out in the Convention, for all agricultural and casual workers. The Committee also reiterates its request to the Government to provide information with its next report on the wages paid to both women and men agricultural workers, as well as on the wages of men and women workers in other sectors.

3. The Committee also notes that the Government has failed to respond to its request for clarifications as to whether section 25 of the Public Service Act of 1994, establishing the principle of equal pay for equal work, does indeed cover application of the principle of equal value, as set out in the Convention. In this respect, the Committee recalls the criteria for wage fixing in the regulations which could be used for comparing similar work or work of equal value. The Committee asks the Government to indicate the manner in which these criteria have been applied in the public service.

4. The Committee notes the statistical information, collected by the Directorate of Planning and Follow-up of the Ministry of Manpower, according to which in 1996 women only constituted 3.3 per cent of workers at the level of senior officers, while women constitute 44.8 per cent of the professional sector. It also notes that 34.2 per cent of clerks are women. The Committee asks the Government to provide information with its next report on the measures taken to improve the status of women workers in the labour market, particularly in non-traditional occupations and decision-making positions. It also asks the Government to continue to provide detailed statistical information on the situation of women in the labour market, including information on remuneration that would enable it to assess the application of the principle of the Convention. In this regard the Committee refers the Government to its general observation of 1998 on the Convention.

5. The Committee notes the Government’s request for technical assistance from the ILO for research and data collection on equal remuneration for men and women for work of equal value and it hopes that it will be possible to provide such assistance in the near future.

6. The Committee notes the Government’s statement that it will encourage and cooperate with the social partners to make use of gender-neutral language in their collective agreements in order to give effect to the principle laid down in Article 1(b) of the Convention. The Committee reiterates its request to the Government to provide copies of collective agreements, particularly in sectors where many women work.

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

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

1. The Committee notes with interest that a new Constitution has been signed by the President on 30 June 1998 which includes a provision prohibiting discrimination on the basis of race, sex and religious creed and guarantees equality in eligibility for public posts and offices. It also takes note of the adoption of a new Labour Code in 1997 (which includes, among others, all the provisions of the Individual Labour Contracts Act of 1981). However, notwithstanding earlier requests to the Government to take the opportunity offered by legislative reviews to ensure legislative compliance with the Convention by embodying in the relevant texts the principle of equal remuneration for men and women workers for work of equal value, the Committee notes that neither the new Constitution nor the Labour Code of 1997 include a provision that embodies the principle enshrined in Article 1 of the Convention. The Committee requests the Government to provide information on whether any consideration will be given in the future to embodying the principle of the Convention in legislation, either by enacting new legislation or by amending any existing texts such as the Labour Code or the Minimum Wages Act.

2. Further to its repeatedly expressed concern about the application of the Convention to female and male seasonal agricultural workers and their exclusion from the provisions of the Individual Labour Contracts Act of 1981 and the Minimum Wages Act, the Committee notes the Government's statement that equal remuneration is secured by the law in all sectors; and that section 4 of the new Labour Code defines a "worker" as any man or woman working for remuneration for an employer. The Committee notes, however, that according to section 3(e) and section 3(i), seasonal agricultural workers and casual workers are, respectively, excluded from the provisions of the Labour Code (which does not implement the Convention). It also notes that seasonal agricultural workers continue to be excluded from the Minimum Wages Act. While recalling the often repeated statement by the Government that Sudanese law does not distinguish between men and women workers as regards wages, the Committee must refer to its earlier comment that statements, suggesting that full effect is given to the Convention without further details provided, are insufficient to enable the Committee to make an assessment of the degree to which the provisions of the Convention are being implemented in practice. The Committee therefore urges the Government to indicate in its next report what measures -- whether legislative, administrative or through collective agreements -- have been taken or are envisaged to ensure that seasonal agricultural workers are afforded the right to equal remuneration between men and women for work of equal value, as guaranteed under Article 1 of the Convention. The Government is also requested to provide information on the real wages paid to both female and male seasonal agricultural workers and to indicate whether any consideration is given to extending coverage of the provisions of the Minimum Wages Act to this category of workers.

3. The Committee notes with interest the Public Service Act of 1994, and in particular section 25 of the Act which embodies the principle of equal pay for equal work but which includes criteria for wage fixing which can be used to compare wages of men and women in similar work or work of equal value. Recalling that the principle enshrined in the Convention goes beyond "identical or similar" work by placing the comparison at the level of the value of the work, the Committee requests the Government to specify the exact meaning which should be given to the expression "equal pay for equal work". The Committee further notes that new Public Service Regulations have been adopted in 1995 and requests the Government to supply a copy of these regulations.

4. The Committee notes that the collective agreement and the attached table on increases in pay and allowances exceeding the minimum wage concluded between the General Federation of Employers and the General Federation of Sudanese Workers in January 1998, does not discriminate between men and women in terms of wages. The Committee would be grateful if the Government could provide, in its next report, statistical information on the real wages of men and women workers covered by this comprehensive agreement, if possible, according to occupation or sector of employment.

5. In relation to the use of gender-neutral language in collective agreements, the Committee recalls that, even where a particular right is covered legislatively, in gender-neutral language, care should be taken to ensure that all provisions of collective agreements that grant some form of remuneration are phrased in language which makes it clear that the benefit concerned is granted equally to men and women. It draws the Government's attention to Article 4 of the Convention, according to which the Government shall cooperate with employer's and workers' organizations for the purpose of giving effect to the Convention. The Committee therefore hopes that the Government will encourage and cooperate with the social partners to use gender-neutral language in collective agreements in order to give effect to the principle of the Convention laid down in Article 1 (b).

6. In order for the Committee to assess, on the basis of the information furnished by the Government, how the principle of the Convention is applied in practice, it repeats its request to the Government to supply any statistical data available which would illustrate the extent to which women workers enjoy equal pay with men (see general observation on this Convention). Please also continue to provide copies of recent collective agreements, particularly covering sectors in which a large number of women are employed.

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

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

1. For some years, the Committee has sought to establish the means being taken to ensure the application of the Convention to certain categories of agricultural workers including, more particularly, seasonal workers. It had noted, in this regard, that seasonal agricultural workers were exempted from the provisions of the Individual Labour Relations Act, 1981, and from the Minimum Wages Provisional Order 1974; and it appears that those workers have continued to be exempted from the most recently enacted Minimum Wages Act (for which no date of adoption is provided). This last conclusion is supported by the Government's indication that the Supreme Wages Council (which is presumably charged to determine minimum wages only for those categories of workers covered by the Minimum Wages Act) does not have the competence to determine minimum wages for non-waged employment. The Committee notes that, according to the Government's report, an examination of the real wages paid to agricultural workers -- which, it is stated, also typically includes remuneration in kind, such as food and housing -- showed that their wages exceed the minimum wage provided for by the Minimum Wages Act. The Government states furthermore that Sudanese law does not distinguish between male and female workers. As these indications are not sufficient, however, to assess whether the Convention is applied to all agricultural workers, the Committee is obliged to request the Government once again to indicate whether there is any requirement -- legislative or otherwise -- to ensure that female and male seasonal agricultural workers be paid according to the principle of equal pay for work of equal value. Please also indicate what practical measures are taken to ensure that female seasonal agricultural workers receive equal pay for work of equal value with male seasonal agricultural workers.

2. In its previous comments, the Committee requested the Government to indicate how the principle of the Convention is applied to wages exceeding the minimum wage. The Committee notes from the Government's report that the effect of amendments to the minimum wage on the level of wages exceeding the minimum wage is decided in accordance with a comprehensive agreement concluded between the General Federation of Employers and the General Federation of Sudanese Workers, within the context of the Industrial Relations Act, 1981. The Committee requests the Government to furnish a copy of the most recent version of this comprehensive agreement.

3. In its previous comments, the Committee had drawn attention to the collective agreement valid for the Shell Company for the period 1984-87, which entitled employees to special leave on the death of the "wife, children, parents, brothers (and) sisters of the employee", and requested the Government to indicate the measures taken to bring to the attention of the social partners the need to introduce gender-neutral provisions into their agreements. In raising this matter, the Committee wished to impress upon the Government the desirability of ensuring that the social partners use language in collective agreements which would make it clear that a particular right or benefit (which comes within the Convention's definition of "remuneration", in Article 1(a)) is accorded equally to both female, as well as male, workers. The wording used in the Shell Company collective agreement gives the distinct impression that women do not enjoy the same right as men. Even though that particular right is covered legislatively, in gender-neutral language, by section 13(d) of the Individual Labour Relations Act, 1981, which authorizes a worker to a paid absence from work in the case of the "death of a spouse, a child, a father or mother, or a brother or sister", care should be taken to ensure that all provisions of collective agreements that grant some form of remuneration are phrased in language which makes it clear that the benefit concerned is granted equally to men and women. The Committee hopes that the Government will take measures to encourage the social partners to use language which would make it clear that women are also entitled to enjoy whatever benefit of remuneration is awarded to men in collective agreements.

4. Despite repeated requests, the Committee is unable to assess, on the basis of the information furnished by the Government, how the principle of the Convention is applied in practice. While article 17 of the suspended 1985 Provisional Constitution calls for citizens to enjoy equality of opportunity in employment without discrimination on a number of grounds, including sex, there appears to be no constitutional or legislative provision in force that embodies the principle of equal remuneration for women and men for work of equal value. Moreover, no statistical data has been furnished by the Government which would enable the Committee to assess the extent to which the Convention is being applied. Accordingly, the Committee requests the Government to provide, in its next report, an indication as to whether consideration will be given to embodying the principle of the Convention in legislation, either by enacting new legislation or by amending any existing text. Please also provide any statistical data available which would illustrate the extent to which women workers enjoy equal pay with men; and furnish copies of current collective agreements, particularly covering sectors in which large numbers of women are employed.

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

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

While noting the assurance given in the report as to the Government's efforts to improve conditions of work and to ensure respect for the equal remuneration principle, the Committee observes that no information has been provided which would enable it to make any assessment of the degree to which the provisions of the Convention are being implemented in practice. Indeed, the Committee is bound to recall that, over the course of a number of years, its requests for specific information of this kind have not elicited any response. As the Committee noted in paragraph 253 of its 1986 General Survey on Equal Remuneration, it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided; efforts to apply the Convention will necessarily unearth difficulties. In these circumstances, the Committee once again hopes that the Government will provide full information in its next report on the following matters:

1. In previous comments, the Committee had noted that under section 4(d) of the Individual Labour Relations Act, 1981, certain categories of agricultural workers (most of whom were, according to the Government, seasonal workers), were exempted from the provisions of the Act (which provides, in section 12(3), that the wage of a production worker for the "minimum amount of daily work" shall be calculated at a rate equivalent to that received by any other agricultural labourer carrying on a similar work). In respect of this matter, the Government stated that the application of the equal remuneration principle might turn out to be prejudicial to seasonal workers because their salaries are generally higher than those of agricultural workers in permanent employment. On a later occasion, the Government reported the establishment of a committee of senior officials of the public administration to determine wage and prices policies, which was also to deal with all of the problems affecting the application of the Convention. While the present report refers to the role of the high-level committee to review salaries in light of changes in the cost of living, no reference is made to any action taken by this committee to further the implementation of the Convention.

The Committee hopes that the Government will indicate in its next report the measures taken or contemplated to ensure that all agricultural workers and particularly seasonal workers - who are often women - are afforded the right to equal pay for work of equal value, as guaranteed under the Convention.

2. Having noted in its previous comment that a new draft of the Minimum Wages Act, 1974, was awaiting promulgation by the Council of Ministers, the Committee expressed the hope that this text would include a provision ensuring the application of the principle of the Convention to all remuneration. In its present report, the Government indicates that several revisions made to this legislation awarded increases to all wage levels above the basic wage, in such a way as to cover all wage-earners. In the absence of further information (concerning the salary levels as increased and the relative distribution of men and women paid at each level), the Committee is unable to ascertain whether this measure furthers the application of the Convention. Moreover, it appears that no action was taken on this occasion to give legislative expression to the principle of the Convention.

As there is therefore no constitutional or legislative provision in force that embodies the principle of equal remuneration for men and women workers for work of equal value, the Committee urges the Government once again to take the necessary measures to enact or amend the necessary legislation accordingly.

3. In its previous direct request, the Committee referred to the provisions of a collective agreement valid for the Shell Company for the period 1984-87, which entitled employees to special leave on the "death of wife, children, parents, brothers and sisters" (clause 14(b)). While noting the Government's statement that the term "employee" covers women as well as men, the Committee hopes that the Government will be able to indicate that it has taken measures to bring to the attention of the social partners the need to introduce gender-neutral provisions into their agreements. The Committee again requests the Government to provide copies of current collective agreements covering sectors in which large numbers of women are employed.

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

With reference to its previous direct requests, the Committee takes note of the Government's brief report.

1. Concerning the comments it has been making for several years on the application of the principle of equal remuneration in the case of wage rates that are above the legal minimum, the Committee recalls that seasonal agricultural workers are excluded from the application of the Individual Labour Relations Act, 1981 (under section 4(d)). The Committee notes that the Government's report merely again repeats that, under the terms of this Act, "worker" means any person who has entered into a contract of service with an employer for a wage of any kind, thus covering both men and women who receive equal remuneration for the work they carry out. As the Government supplies no further information on the committee, mentioned in previous government reports, which was to have dealt with all the problems affecting the application of this Convention, the Committee can only repeat its earlier comment that the Convention is applicable to all workers in the country without exception. It therefore requests the Government to indicate what measures - whether legislative, administrative or through collective agreements - have been taken or are envisaged, beyond the protection of the minimum wage-setting machinery, to ensure that this category of workers - where large numbers of women are represented - are covered by employment conditions which respect the principle of equal remuneration for work of equal value.

2. The Committee notes that the 1974 Minimum Wages Act, amended in 1978, is currently before the Council of Ministers awaiting promulgation and that the Government undertakes to send a copy of it once it has been adopted. The Committee trusts that this text will include a provision ensuring that the principle of the Convention applies to all remuneration (as is required by Article 1(b) of the Convention) and looks forward to receiving this text in the near future.

3. The Committee recalls that it had asked for copies of representative agreements, particularly in sectors which employ a substantial number of women, so as to help it assess the practical application of the various measures in place to ensure equal remuneration for work of equal value. Noting from the 1984-87 Collective Agreement between the Shell Company of the Sudan and the Trade Union of the Staff of the Shell Company that employees shall be entitled to special leave on "death of wife, children, parents, brothers and sisters" (clause 14(b)), the Committee recalls paragraph 15 of its 1986 General Survey on Equal Remuneration according to which the equal remuneration principle applies to any additional emoluments granted to workers of a very wide nature. It accordingly draws the Government's attention to the fact that provisions of this kind in this collective agreement are contrary to the principle of remuneration established without discrimination based on sex under Article 1(b) of the Convention, and asks the Government to inform it whether the renegotiated collective agreement for this company has retained emoluments payable only to men, or whether they have been made payable to women employees upon the death of their husbands. In addition, it would appreciate receiving copies of current collective agreements in other sectors, where there are a large number of women employed.

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

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

Referring to its previous comments concerning the exemption of seasonal agricultural workers from the application of the Individual Labour Relations Act, 1981 (under section 4(d)), the Committee notes from the report that, while the Act is still in force, an examination is being undertaken by a committee, with a view to its provisions being modified. The Committee also notes that a committee, composed of senior officials from several branches of the public administration, has been established to determine wage and prices policies; and that the decisions of this committee will deal with all of the problems affecting the application of the Convention.

The Committee also notes that the 1974 Minimum Wages Act was modified in the context of a revision of labour legislation which is being carried out, at the moment, by a tripartite committee. In this regard, the Committee notes the assurance given by the Government that it will submit to this committee the necessary proposals concerning the revisions which should be made to the relevant texts.

The Committee has taken due note of these indications. It urges the Government to take the opportunity afforded by the above-mentioned reviews to ensure legislative compliance with the Convention, by embodying in the relevant texts the principle of equal remuneration for men and women workers for work of equal value, together with a provision which would ensure that the principle of the Convention applies to all remuneration (as is required by Article 1(b) of the Convention). The Committee would remind the Government in this regard that the International Labour Office can provide advice to governments with a view to assisting them to overcome the difficulties experienced in applying the provisions of ratified Conventions.

The Committee hopes that the Government will provide full information in its next report concerning the progress made towards ensuring legislative conformity with the Convention. It also requests the Government to furnish the text of the revised Minimum Wages Act, which was not received.

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

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

1. The Committee recalls that section 4(d) of the Individual Labour Relations Act, 1981, exempts from the application of the Act seasonal agricultural workers. It notes the Government's statement that application of the equal remuneration principle might turn out to be prejudicial to seasonal workers because their salaries are generally higher than those of agricultural workers in permanent employment.

The Committee points out that the Convention is applicable to all workers in the country, without exception. In addition, the Committee cannot agree that the application of the principle of equal remuneration between men and women workers performing work of equal value could be prejudicial to the interests of seasonal workers. The Committee therefore requests the Government to indicate what measures have been taken or are contemplated to bring the legislation into conformity with the Convention on this point.

2. In its previous comments, the Committee pointed out that under the Convention the principle of equal remuneration for work of equal value applies not only to established minimum wages, but also to levels of remuneration - whether voluntarily agreed upon or fixed by law - which are above the legal minimum wage. It requested the Government to indicate what steps it had taken to ensure that annual wage increases in excess of the 5 per cent increases fixed by law are granted in a manner consistent with the principle of equal remuneration for work of equal value and that individual labour contracts and collective agreements comply with the principle.

The Committee notes the statement in the Government's report that in the private sector men and women workers are treated equally in those cases where salaries are above the legal minimum. It notes further the indications that section 5 of the 1974 Minimum Wage Act, as amended in 1978, requires all enterprises to apply the Act to workers of both sexes; that the principle of equal remuneration for work of equal value is applied and encouraged by the Government policies in the field of work; that the Industrial Relations Act of 1976 provides for the settlement of industrial disputes; and that the trade unions try to raise salaries without distinction on the basis of sex. The Committee further notes that the Government supervises the application of the labour legislation through the departments of inspection and of wages.

The Committee requests the Government to include in its next report examples of practical action taken in accordance with its policies to promote and ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes that the 1974 Minimum Wages Act, as amended in 1978, is currently being revised. It requests the Government to forward a copy of the revised text with its next report. As it did in its previous comments, the Committee requests the Government to include with its next report representative examples of collective agreements setting forth remuneration levels for men and women workers, particularly in sectors which employ a substantial number of women, and in the agricultural sector including sugar and cotton production.