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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee pointed out that the principle of equal remuneration set out in section 140 of the Labour Code is narrower than the principle laid down in the Convention. It notes the Government’s statement that the application of this principle does not raise any major problem in the various sectors since the minimum wage (SMIG) is determined by Presidential Decree and the wage rates fixed in collective agreements, which are the product of joint negotiations, are applicable to everyone. The Committee recalls that the reference to work of equal value laid down by the Convention inevitably broadens the comparison, since it implies that jobs of a different nature must be compared in terms of equal value for the purposes of remuneration. For example, this would make it possible to resolve the issue of horizontal occupational segregation, that is the fact that sectors of employment in which women form the majority are those traditionally considered to be women’s work, which tend to be regarded as less important and are therefore less well paid than those occupied by men. In this case, the application of the principle set out in the Convention would make it possible to extend equality of remuneration between men and women to jobs which have a different content, which is not presently envisaged by section 140 above. The Committee hopes that the Government will endeavour to amend this provision, at the appropriate time, in order to bring it into conformity with the principle set out in the Convention. Furthermore, it requests the Government to provide information on the manner in which it determines wages in practice and on all the measures taken to ensure that additional benefits, such as housing, allowances, the bonus for dirty work, etc. are awarded without discrimination on grounds of sex.

2. The Committee notes that, according to the Government’s statements, no information is available on the rulings handed down by the courts. Nor are extracts from the reports of the labour inspection services or statistics on the number and nature of the violations reported available, due to the lack of time necessary to compile and examine reports with a view to preparing reliable statistics. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to strengthen the supervision procedures of the Convention. It would be grateful if the Government would inform it of any other specialized body responsible for ensuring, monitoring or promoting the application of the principle set out in the Convention, such as a commission for equality for women, and to send it copies of judicial rulings and labour inspection reports as soon as they are available.

3. Taking into account the Government’s statements referred to in the above paragraph, the Committee is aware that the Government is not in a position to provide full statistical data, such as those requested by the Committee in its general observation of 1998. However, it wishes to draw the Government’s attention to the need to have available full information in order to be able to make an adequate evaluation of the nature and extent of difficulties arising in the application of the principle set out in the Convention. For this reason, the Committee would be grateful if the Government would provide any available statistical information relating to the distribution of men and women in employment and their respective earnings, particularly in the public sector, as well as information on sectors in which there is a greater concentration of women including, for example, information on the percentage of women employed in higher, middle and lower level positions. The Committee reminds the Government that it is always possible for it to have recourse to the technical assistance of the ILO. Finally, it would be grateful to be provided with copies of any studies, opinions and consultations carried out by the Advisory Labour Commission and the National Wages Commission in the context of their work and any available information on women’s work from either a global or sectoral perspective.