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

The Committee notes the Government’s brief report.

1.  The Committee notes the scales determining the wages of workers in a number of sectors, as a function of the category and type of job (employees, supervisors, technicians and similar workers, higher level managers, engineers and similar workers, etc.). It asks the Government to indicate the criteria used by the joint inter-occupational commission for the classification of workers. Noting the Decree of 19 October 1992 respecting the classification, indices and steps in the public service, it asks the Government to provide information on the criteria used for classification within the various ranks (A to E), in addition to educational levels. It once again refers the Government to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration concerning direct or indirect discrimination based on sex.

2.  The Committee once again hopes to receive, as soon as they are available, statistical data on the distribution of men and women at the various wage levels, if possible by occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to refer to its 1998 general observation on this Convention.

3.  The Committee notes that the Government’s report does not reply to the matters raised in points 3 and 4 of its previous direct request, which read as follows:

3.  Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote the application of the principle. In this connection, the Committee draws the Government’s attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed in its previous direct requests that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the joint inter-occupational commission to categorize workers. It also requests the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.

4.  The Committee notes the Government’s indication that infringements in respect of wages represent 30 to 35 per cent of the infringements reported by the labour inspectorate. It notes the Government’s indication that a large proportion of these infractions stem from employers’ insolvency and from ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers’ knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.

The Committee asks the Government to reply to these matters in its next report.