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

1. Referring to its previous observation, the Committee notes with satisfaction the information contained in the Government's report concerning the new Labour Code of 29 May 1992 (prepared with ILO assistance in certain domains), in particular that, by virtue of section 281, the provisions of the Code apply to all agricultural enterprises, thus answering the concerns previously expressed by the Committee as to the application of the principle of the Convention to employees in certain small agricultural undertakings.

The Committee notes, however, that section 194 of the new Code states that "There shall be equal pay for equal work carried out in conditions of identical skill, efficiency and length of service, no matter who carries out the work", thus continuing to give only partial effect to Article 2 of the Convention, which requires a ratifying State to apply to all workers the principle of equal remuneration for men and women workers for work of equal value. The Committee would refer the Government to paragraphs 19 to 23 and 44 to 65 of its 1986 General Survey on Equal Remuneration, where it explains that the ILO instrument goes beyond a reference to the same or similar work, in choosing the "value" of the work as the point of comparison. Recalling that the Committee had suggested amendment of the previous Code so as to introduce the concept of "work of equal value", and also noting that the Fundamental Principles set out in the new Labour Code specifically prohibit discrimination in employment on the ground of sex and state that women workers shall have the same rights and obligations as male workers, the Committee would ask the Government to indicate, in its next report, how the principle of the Convention is implemented with regard to work that, though different in nature, is of the same value by providing, for instance, copies of court decisions concerning the interpretation of section 194 and the Fundamental Principles of the new Labour Code.

2. Article 3. The Committee notes from the Government's report that, as already indicated in earlier reports, it has contacted the Inter-American Centre for Labour Administration (CIAT) requesting technical assistance in updating the National Dictionary of Occupations for use in job descriptions and objective job evaluations. The Committee welcomes this initiative and asks the Government to keep it informed of progress in this technical assistance provided by the CIAT, which should enable better application of this Article in practice.

3. The Committee is addressing a direct request to the Government on certain other points.