Observation (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Mozambique (Ratification: 1977)

Article 1 of the Convention. Legislation. For many years, the Committee has repeatedly requested the Government to take all necessary steps to amend section 108(3) of Labour Act No. 23/2007, which provides that all employees have the right to receive equal wages and benefits for “equal work” without distinction based on, among other things, sex, with a view to ensuring that it fully reflects the principle of equal remuneration for men and women for work of equal value set out in the Convention. It previously noted the Government’s indication that the principle of the Convention is covered by this provision, and recalled that the concept of “work of equal value” includes, but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes the Government’s statement, in its report, that the revision of the Labour Act has already been discussed with the social partners and considered by the Council of Ministers and is now currently being reviewed by the National Assembly. It further notes the adoption of Act No. 10/2017 of 1 August 2017 approving the general status of state employees and agents, forwarded by the Government, and more particularly section 54(2) of the Act which provides that all state employees and agents are entitled to receive equal remuneration for “equal work”. Regretting that the Government did not take this opportunity to include in the legislation a provision explicitly providing for equal remuneration for work of equal value, as required by the Convention, the Committee notes however that, in 2021, the Government will benefit from ILO technical assistance in the framework of the “#Trade4DecentWork” project with a view to improve the implementation of ILO fundamental Conventions at national level, in particular by amending its national legislation. The Committee trusts that the Government will take every necessary steps to amend section 108(3) of Labour Act No. 23/2007 and section 54(2) of Act No. 10/2017, in order to fully reflect the principle of equal remuneration for men and women for work of equal value in its national legislation, so as to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to provide information on any progress made in this regard, in particular as a result of the technical assistance provided by the ILO.

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