Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Repetition

Legislation. In its previous comments the Committee asked the Government to clarify the content of section 12 (non-discrimination criteria) of Law No. 13/2009 of 27 May 2009 regulating labour, since the Kinyarwanda, English and French versions of section 12 differ. The Government indicates in its report that the purpose of this section is to ensure equal remuneration for work of equal value while prohibiting all discrimination on the specified grounds. It also states that differences between the Kinyarwanda and English versions, which refer to salary, and the French version, which does not refer to salary, will be examined in the context of the revision of Law No. 13/2009. Noting this information and also referring to its observation, the Committee hopes that the Government will soon be in a position to report on progress made regarding the amendment of Law No. 13/2009 of 27 May 2009 regulating labour so as to give full effect to the principle of equal remuneration for work of equal value.

Assessment of the gender pay gap. Statistics. In reply to the Committee’s previous comment, the Government indicates that the labour force survey has not yet been carried out. The Government adds that a statistical framework relating to gender and also gender indicators have been drawn up in four sectors of activity in order to provide a basis for the assessment of pay differentials between men and women. The Committee therefore asks the Government to take the necessary steps to organize the collection and analysis of statistical data to assess pay levels for men and women and the gender pay gap and the underlying causes of such a gap. The Committee hopes that the Government will be in a position to supply in its next report statistical information, disaggregated by sex, concerning the distribution of men and women in the different sectors of activity and their levels of remuneration.

Minimum wage fixing. Minimum wages. The Committee notes the Government’s indication that the order fixing the guaranteed interoccupational minimum wage (SMIG) has still not been adopted and that there are plans to undertake an in-depth economic study of the various sectors of activity. The Government also explains that the social partners will play a key role in the process of fixing the minimum wage. The Committee again draws the Government’s attention to the need to use a method and criteria which are free from gender bias in fixing minimum wages and, in particular, to ensure that rates of pay in jobs predominantly performed by women are not fixed at a lower level than that applied to jobs predominantly performed by men involving work of equal value. The Committee asks the Government to supply information on progress made in the process of fixing the SMIG and to send a copy of any legislative texts adopted in this respect.

Collective agreements. The Government indicates that the collective agreement concluded by the Workers’ Trade Union Confederation of Rwanda (CESTRAR) and the Congress of Labour and Brotherhood (COTRAF), on the one hand, and the Rwanda Tea Company (SORWATHE), on the other hand, stipulates that wages shall be fixed by occupational category. The Government adds that it will assist the social partners to ensure the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply detailed information on the steps taken or envisaged to encourage the social partners to: (i) include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and (ii) undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages. Please provide a copy of the collective agreement concluded between CESTRAR, COTRAF and SORWATHE and also of any collective agreements containing clauses providing for equal remuneration for men and women for work of equal value.

Enforcement. Labour inspectorate and courts. While noting the Government’s assurances that it will continue to train labour inspectors in the field of equal remuneration, the Committee asks the Government to provide a general description of the manner in which the Convention is applied, including, for example, extracts from reports of the labour inspectorate, information concerning the number and nature of infringements reported and copies of court or other decisions relevant to the application of the Convention.