Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 2(a), of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 61(2) of the Labour Code did not give full effect to the principle of equal remuneration as laid down in the Convention in that equal remuneration is restricted to “equal conditions of work and equal professional ability”. It asked the Government to take the necessary steps to include in the legislation the principle of equal remuneration for work of equal value. It notes that in its report, the Government affirms that “in accordance with the provisions of section 61(2) of the Labour Code, the principle of equal remuneration for work of equal value is established”. The Committee refers to its general observation of 2006 and wishes to draw the Government’s attention, once again, to the notion of “work of equal value” which goes further than the notions of “equal conditions of work” and “equal professional ability”. When men and women perform different jobs and when women are confined to certain occupations, in particular because of historical perceptions towards the role of women in society along with stereotypical assumptions regarding their professional abilities, it is essential to compare the value of the work done. This is because although the work may involve different types of qualifications, skills, responsibilities or working conditions it is nevertheless work of equal value overall. In order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are fully objective and non-discriminatory, taking particular care to ensure that “skills traditionally considered to be female” (such as those required in the caring professions) are not undervalued in comparison with “skills traditionally regarded as male” (such as those relating to physical strength). Accordingly, in order to prevent and address effectively discrimination in remuneration, the Committee once again asks the Government to take the necessary steps to amend section 61(2) of the Labour Code so as to fully reflect the principle of equal remuneration between men and women for work of equal value set out in the Convention, and to provide information on any measures taken to this end.

Article 2. Scope of the principle laid down in the Convention. In its previous comments, the Committee asked the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of article 70 of the CAMRAIL collective agreement, concerning the grant of benefits in the form of transport facilities only to the wife and children of an employee, conform with the principle of equality laid down in the Convention. In a communication of 5 December 2007, the Government states, referring to the application of the CAMRAIL agreement, that the General Union of Workers of Cameroon (UGTC) asserts that equal treatment exists in practice. Consequently, the Government says, that is enough. The Committee also notes that the Government indicates in its 2009 report that the CAMRAIL collective agreement has not been renegotiated, nor is it in the process of renegotiation. While noting the statement that equality is observed in practice, the Committee is of the view that maintaining discriminatory provisions in the text of the CAMRAIL collective agreement may have the effect of preventing men and women workers from knowing their rights and seeking to assert them. The Committee accordingly asks the Government to take the necessary steps, in cooperation with the social partners, to ensure that the provisions of the CAMRAIL agreement observe the principle of equal remuneration between men and women for work of equal value, and to encourage the social partners to revise any discriminatory provisions on remuneration, including allowances and benefits, in collective agreements when they are renegotiated.

Articles 2 (paragraph 2(c)), and 4. Work of equal value. Collective agreements. Cooperation with employers’ and workers’ organizations. In its report, the Government indicates that some collective agreements have been negotiated or revised recently, and affirms that they provide for measures to give effect to Article 2 of the Convention. The Government also states that measures under way to convince the social partners of the need to bring the provisions of collective agreements into line with those of the Convention, are to be pursued. The Committee hopes that the recently concluded collective agreements incorporate the principle of equal remuneration between men and women for work of equal value and that those in the process of negotiation will likewise reflect the principle, and asks the Government to provide a copy of the clauses of these agreements that pertain to wages, allowances and bonuses.

The Committee is raising other points in a request addressed directly to the Government.