Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1(b) of the Convention. Application of the principle to additional allowances in the public service. With reference to its previous comments on section 35(a) and (c) of the Civil Service Regulations 2002 concerning the payment of family allowances, the Committee notes the Government’s statement that new draft Civil Service Regulations are being discussed before the Civil Service Council, which would entitle a female public official to a family allowance if she is the “breadwinner” in the family, or if her husband is dead or disabled. The Committee must point out that it remains unclear whether under the new legislation female public officials would be entitled to family allowances for their husband and their children, on an equal basis with male public officials, even when their husband is able to work. The Committee encourages the Government to consider the possibility of allowing both spouses to choose which of them would be the beneficiary of family allowances, rather than starting from the principle that they should systematically be paid to the father and, in exceptional cases, to the mother if she can demonstrate that she is the breadwinner or is bringing up her children alone. The Committee asks the Government to
re-evaluate the current wording of the draft legislation in light of the requirements of the Convention, and keep the Committee informed on any developments in this regard.

2. Article 2. Application of the principle in the public sector. The Committee thanks the Government for the 2005 statistics by occupational category, and the distribution of men and women in different categories covered by the Civil Retirement Act and the Social Security Act. It notes however that women continue to be disproportionately employed in Category 4 (administration) positions, while men dominate Category 1 (supervisory) and Category 2 (technical specialist) positions. The Committee recalls that vertical occupational segregation of men and women is an underlying cause of pay differentials between men and women and that measures to promote women into higher wage categories are an important means to implement the Convention. The Committee asks the Government to evaluate the underlying causes of the existing vertical segregation and their effect on disparities in remuneration between men and women in the public sector, and to report on the results achieved. It also draws the Government’s attention in this regard to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

3. Application of the principle in the private sector. Vocational training as a means to reduce pay differentials. The Committee notes the information provided by the Government that half as many women as men participated in the National Project for Training. The Committee asks the Government to indicate whether and how this project is helping to reduce the existing pay gap between men and women, both by increasing employment opportunities in a wider range of sectors of activities and occupations and by increasing women’s access to jobs of responsibility. Please also refer to the Committee’s comments on Convention No. 111.

4. Minimum wage. The Committee notes the adoption of the Government Order determining minimum wages and its applicability nationwide to all workers who are covered by the Labour Code. The Committee further notes that section 3 of the Labour Code precludes its applicability to “government and municipal officials; an employer’s family members working without remuneration in his undertakings; domestic servants, gardeners, cooks and the like; and agricultural workers”. Given the importance of minimum wages in promoting the application of the principle of the Convention, the Committee asks the Government to indicate whether it has the intention to set minimum wages for domestic workers, gardeners, cooks and agricultural workers. Please also provide information demonstrating how the application of the principle of equal remuneration for men and women for work of equal value is ensured for these workers, in law and in practice.

5. Part V of the report form. Information on practical application and statistics. The Committee asks the Government to provide up to date statistics disaggregated by sex, on the distribution of men and women, according to occupation and remuneration levels, in the various areas of the private sector, in order for the Committee to assess how the principle of the Convention is applied to wages above the minimum wage. The Committee also asks the Government to provide practical information on the measures taken or envisaged, including pay reviews or studies, to identify and eliminate wage disparities which may exist in practice between men and women in the labour market.