Observation (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Tunisie (Ratification: 1968)

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee asked the Government to take measures to fully integrate the principle of the Convention in its national legislation, particularly within the context of legislative reforms following the adoption of the new Constitution. The Committee notes the Government’s reference in its report to a series of sectoral collective agreements, in particular in the agriculture and fisheries sectors, which mention equal remuneration between men and women. The Committee again draws the attention of the Government to the fact that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women. The concept of “work of equal value” permits a broad scope of comparison, including, but going 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 term “value” indicates that something other than market forces should be used to ensure the application of the principle, as market forces may be inherently gender-biased (see 2012 General Survey on the fundamental Conventions, paragraphs 673–674). Recalling that it considers that the full and complete recognition in law of the principle of equal remuneration for men and women for work of equal value is of utmost importance to ensure the effective application of the Convention, the Committee again urges the Government to: (i) take without delay the measures necessary to fully integrate the principle of the Convention in its national legislation, in collaboration with the employers’ and workers’ organizations; (ii) ensure that the new legal provisions cover not only equal remuneration for men and women for “equal” work or work “performed in the same conditions”, but also for work of an entirely different nature which is nevertheless of equal value within the meaning of the Convention; and (iii) provide information on all progress in this regard.

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