Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Guinée (Ratification: 1967)

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that Act No. L/2014/072/CNT of 10 January 2014 issuing the Labour Code establishes the principle of equal remuneration for employees, regardless of their origin, sex and age, for work of equal value (section 241(2)). It wishes to draw the Government’s attention to the fact that the application of the Convention involves examining the issue of equality at two levels: (i) at the level of the job (is the work of equal value?); and (ii) at the level of the remuneration (is the pay received by women and men equal?). The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work as this allows to take into account not only the same or similar work but also situations in which work done by women and men is of an entirely different nature, as is often the case. Hence account can be taken of the fact that certain jobs or occupations are held predominantly by women and others by men (occupational sex segregation). Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Lastly, the Committee wishes to recall that the concept of “equal value” implies the adoption of a method to measure and compare the relative value of the various jobs considered. While the Convention does not prescribe any specific method for such an examination, Article 3 does presuppose the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. In order to enable the effective application of the principle established by the Convention, the Committee requests the Government to take the necessary steps to raise awareness of the provisions of the Labour Code providing for equal remuneration for men and women for work of equal value (section 241(2)) and to arrange training on this subject in order to raise the awareness of workers, employers and their organizations and also of labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code. It once again requests the Government to take specific steps, including as part of the national gender policy adopted in 2011 or in any other appropriate context, to reduce gaps in remuneration between men and women, particularly measures to combat their underlying causes (occupational sex segregation, prejudices and stereotypes concerning the occupational aspirations and abilities of women, and the roles of women and men in society, etc.).

Application of the principle in the public service. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not laid down in Act No. L/2001/028/AN issuing the Civil Servants Regulations. It also recalls that, even though salaries and bonuses are fixed according to the posts and a statutory pay scale, regardless of sex, the methods and criteria adopted for classifying posts and establishing pay scales, as well as disparities in the access and payment of certain additional benefits or allowances, may give rise in practice to gender discrimination in the public service. The Committee notes the Government’s indication that “Gender and Equity” units run by women have been set up in all ministerial departments and that 1,200 young officials have been recruited over three years as part of the “More young people and women in the administration” programme, but without specifying the relative numbers of young men and women officials. While noting this information, the Committee requests the Government to provide information on the following points: (i) any steps taken to review the classification of posts and ensure that jobs mainly held by women are not undervalued when the classification is undertaken and the corresponding salary scales are drawn up; (ii) any evaluation undertaken to determine whether male and female officials have equal access in practice to the payment of allowances and other benefits provided for in the Civil Servants Regulations; (iii) the activities of the “Gender and Equity” units relating to remuneration in the public service; and (iv) staff numbers in the public service, disaggregated by sex and by category of officials, and the corresponding remuneration.

Article 2(2)(c). Collective agreements. The Committee notes the Government’s indication in its report that in order to combat the underlying causes of pay inequalities, collective agreements have incorporated the principle of equality on the basis of equal working conditions, skills and output. However, it points out that no steps have been taken to review existing collective agreements. The Committee recalls that equal remuneration for work of equal value, as provided for in the Convention, goes beyond equal remuneration for equal working conditions, skills and output and refers to its comments above on the concept of “work of equal value”. The Committee requests the Government to take steps to encourage employers’ and workers’ organizations to incorporate into collective agreements the principle of equal remuneration for men and women for work of equal value established by the Labour Code (section 241(2)) and by the Convention, whenever existing collective agreements are revised or new collective agreements are negotiated.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indications that the Labour and Social Legislation Advisory Committee (CCTLS) has not convened since 2015. Expressing the hope that the CCTLS will soon be in a position to resume its activities and continue its previous work on equal remuneration for men and women for work of equal value, the Committee requests the Government to continue to provide information on the work of the CCTLS and the activities of the social partners in the context of bipartite and tripartite dialogue bodies concerning equal remuneration for men and women.

Statistics. Noting the Government’s undertaking to take appropriate steps to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, the Committee hopes that it will soon be in a position to do so and requests it to send statistical data once they are available.