Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee welcomes the information provided by the Government in its report.

1.  The Committee notes that it has not been possible to complete the study which had been commenced on the national classification of jobs in view of the military and political conflict which divided the country in 1999. The Committee trusts that, now that the political and military situation of the country has been stabilized, this study will finally be completed and it asks the Government to inform it as to the progress achieved in this respect and to provide a copy of the final text when it is available.

2.  In reply to the Committee’s question as to whether there is any specific machinery to promote the application of the principle of equal remuneration for work of equal value, the Government limits itself to stating that this principle is set forth in sections 24(d) and 156(3) of the Labour Code (Act No. 2/86 of 5 April 1986). However, the Committee recalls that, even though the inclusion of the principle in the national legislation is an explicit commitment to ensure the application of the principle, additional measures are nevertheless necessary to give effect to the principle in national practice. In particular, it wishes to emphasize the role which must be played in this respect by the labour inspectorate, which is the institution responsible for ensuring observance of labour legislation in general, including provisions respecting equal remuneration between men and women. The Committee therefore asks the Government to provide copies of the annual reports of the labour inspection services, particularly extracts concerning violations of the legislation in respect of remuneration. Please refer to paragraphs 102 to 106 of the Committee of Experts’ 1986 General Survey on equal remuneration.

3.  The Committee notes that the Government has still not determined wage rates - minimum and maximum - in the various sectors, except for the public service. It would be grateful if the Government would keep it informed of any change in this respect. Noting that the Government does not refer in its report to the issue of the minimum wage of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Committee is bound to reiterate its request to be provided with a copy of the study, which was forwarded to employers’ and workers’ organizations for their views with regard to the revaluation of the minimum wage for this category of workers, so that the Committee can examine the criteria which served as a basis for determining the proposed minimum wage. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to adjust the wages of workers employed by third persons.

4.  Finally, with regard to collective labour agreements, the Committee notes that the document provided by the Government, in relation to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), is not a collective agreement, but concerns the collective recruitment of workers. It once again asks the Government to indicate whether, since the adoption of the Labour Code in 1986, collective agreements have in practice been concluded and, if so, to provide copies of them with its next report, either on the application of the present Convention, or on the application of Convention No. 98.