Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

1. The Committee notes the Government’s statement that the National Assembly has not approved the Equal Opportunities for Men and Women Act and that no national council on equal opportunities for men and women has therefore been established. It also notes that, according to the Government’s report, a new draft law on prevention of discrimination is pending approval at the Council of Ministers. The Committee notes the Government’s statement that article 28(4) of the draft law envisages equal treatment between men and women respecting working conditions, minimum pay, rest and leave, and remuneration for the actual work performed "in accordance with conditions and procedures established by law". It asks the Government to clarify the meaning of article 28(4) of the draft Act with regard to the principle of equal pay for work of equal value contained in Article 1 of the Convention, including the conditions and procedures set out in other laws that qualify or affect the application of the principle in practice. It further asks the Government to provide information on what methods, if any, are envisaged to ensure that such criteria are consistently applied and weighted in a non-discriminatory manner. The Committee refers the Government to its above comments and hopes that the draft law will be revised in such a manner as to promote the implementation of the principle of equal pay for work of equal value. Please provide information on any changes to the draft and supply a copy to the Office upon its adoption.

2. The Committee notes the statistical information provided by the Government. In particular, it notes that the wage gap between men and women working on contract has decreased between 1999 and 2001 from 23.2 per cent to 17.4 per cent. It also notes that the wage gap remains greater in the public sector (1999: 27.8 per cent; 2001: 26.5 per cent) than in the private sector (1999: 19.9 per cent; 2001: 13.2 per cent). The Committee notes that women’s participation in the labour market has increased slightly in 2001 (2.5 per cent) whereas men’s participation has decreased slightly (0.5 per cent). The Committee asks the Government to provide detailed statistical information that allows it to assess the practical application of the principle of equal pay for work of equal value between men and women. In that regard, it notes the Government’s admission that no research has been conducted regarding the effects of family responsibilities on women’s income. Referring to its 1998 general observation on Convention No. 100, the Committee reminds the Government of the importance of providing any available data on wage statistics, which could give an indication of the relative earnings of men and women and asks the Government to continue to supply such statistics along with other information on work and family life that may impact upon the application of the Convention.

3. Concerning the application of the Convention in the public sector, the Committee notes the Government’s statement that there is no information available on the real hourly wage remuneration paid to men and women employed in certain spheres of the public service (other than those governed by Cabinet Decrees Nos. 25/2000 and 18/2000) where wages are determined by collective labour agreements. The Committee asks the Government to provide copies of these collective agreements as well as information on how it intends to ensure the application of the principle embodied in the Convention in the public sector. Noting that, overall, the wage gap is larger between men and women in the public sector, it asks the Government for information on any specific measures taken or envisaged to improve the status of women and their remuneration levels through measures such as promoting their access to higher level posts, and evaluating objectively remuneration levels in female-dominated occupations.

4. The Committee asks once again the Government to provide information on the activities of the National Tripartite Cooperation Council relating to the application of the Convention.