Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Repetition

The Committee once again notes with regret that the Government’s report does not reply to the questions raised. The Committee understands, however, that a general labour law is being drafted. It requests the Government to take all necessary steps to ensure that the new general labour law takes full account of the matters raised below. It also asks the Government to provide information on any developments in this regard.

Scope. The Committee requests the Government to take the necessary measures to ensure that the new general labour law covers all workers, including domestic workers, casual workers and public servants, so that the principle of the Convention applies to them.

Article 1(a) of the Convention. Definition of remuneration. The Committee points out that for the purpose of securing equal remuneration for men and women, the Convention gives a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary”, but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The definition is broad so as to cover all the emoluments workers may receive in exchange for their labour, including additional benefits in kind, to which a monetary value may be attributed. Accordingly, any exclusion from remuneration of components such as compensation for extra duties, refunds of expenses, accommodation, travel allowances, bonuses, rewards and family allowances is inconsistent with Article 1(a) of the Convention. The Committee requests the Government to take the necessary steps to ensure that the new general labour law contains a broad definition of remuneration that is fully consistent with Article 1(a) of the Convention.

Article 1(b). Work of equal value. The Committee stresses the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations where men and women working for different employers, under different conditions or having different qualifications, nonetheless perform tasks of equal value. The concept of “work of equal value” as laid down in the Convention, includes but goes beyond work that is “equal”, the “same” or “similar”, and also encompasses work that is of an entirely different nature, but nevertheless of equal value. To restrict application of the principle to conditions of work, qualification and productivity that are the same, or to the same employer, is therefore not in conformity with the Convention. The Committee requests the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the new general labour law.

Occupational segregation. The Committee again requests the Government to provide information on the measures taken or envisaged to combat occupational sex segregation in the public and the private sectors and to promote women’s access to better paid and more highly qualified jobs and to positions of responsibility, in particular by facilitating their access to education and vocational training.

Article 3. Objective job evaluation. The Committee again asks the Government to provide information on the job evaluation methods used to determine remuneration rates in the public and the private sectors. In view of the occupational segregation that exists in the country, the Committee also asks the Government to indicate how it ensures that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Part V of the report form. Statistics. The Committee requests the Government to provide available statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.