Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Equal Remuneration Convention, 1951 (No. 100) - Rwanda (Ratification: 1980)

Other comments on C100

Observation

Direct Request

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Articles 1 and 2 of the Convention. Assessment of the gender pay gap. Statistics. The Committee notes the Government’s indication in its report that the National Institute of Statistics of Rwanda analysed the gender pay gap through the Labour Force Survey introduced in Rwanda in 2016. It notes the Government’s indication that, in August 2016, the gender wage gap in the private sector was 10 per cent, 9 per cent in the whole country and there was no gap in the public sector. The Government further indicates that, in February and in August 2017, there was no gender pay gap. The Committee notes however that, according to the UNDP Rwanda Gender Equality Strategy (2019-2022), women in formal employment are paid less than men in comparable employment and the gender pay gap in Rwanda is 27 per cent (see page 14). The Committee requests the Government to provide statistical information disaggregated by sex on the gender pay gap in all sectors of the economy and on the pay levels of men and women and any analysis thereof.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee recalls that the previous Law regulating labour (No. 13/2009) did not contain any substantial provisions prescribing equal remuneration for men and women for work of equal value and only referred to “similar work” in the definition of “work of equal value”. The Committee notes with interest that: (1) section 9 of Law regulating labour in Rwanda (Law No. 66/2018), adopted on 30 August 2018, requires the employer to pay employees “equal salary for work of equal value without discrimination of any kind” and section 40 establishes the right of employees to receive “equal salary for work of equal value without discrimination of any kind” (salary is defined in section 3(29) as “the basic salary paid to an employee plus allocated allowances for the work performed”); and (2) the definition of the expression “work of equal value” which appears in section 3(8) of Law No. 66/2018 refers to “works that are identical, similar, interchangeable or different in some cases performed by employees for the same employer but which have equal value”. In this regard, while noting the significant progress made in the new Law regulating labour, the Committee wishes to emphasize that, with respect to the definition of “work of equal value”, the application of the principle of the Convention is not limited to the work performed for the same employer, but it goes beyond as there may be no male or female comparator in the same enterprise. Consequently, when reviewing the Law regulating labour No. 66/2018in the future, the Committee asks the Government to consider removing the reference to the “same employer” in section 3(8) of the Law. It also asks the Government to take the necessary steps to raise awareness of the provisions on equal salary for work of equal value among workers, employers and their organizations, as well as labour inspectors and judges and organize specific training sessions on the principle of equal remuneration for men and women for work equal value. With a view to operationalize in practice this principle, the Committee also invites the Government to consider drafting implementing regulations providing an appropriate methodology to be used to compare work performed by men and work performed by women and determine work of equal value, through objective job evaluation.

Article 2. Minimum wage fixing. The Committee notes the Government’s indication that the draft Ministerial Order determining minimum wage is still under consultations by concerned authorities. It recalls that the setting of a minimum wage has an influence on reducing the gender pay gap, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid. Expressing the firm hope that the draft Ministerial Order will be adopted soon, the Committee asks the Government to supply information on progress made in the process of fixing the minimum wage and to send a copy of any legal texts adopted in this respect.

Collective agreements. In the absence of reply in the Government’s report, the Committee once again asks the Government to supply information on the steps taken or envisaged to encourage the social partners:

(i)to include in collective agreements a clause providing for equal remuneration for men and women for work of equal value; and
(ii)to undertake an objective evaluation of jobs and avoid the use of gender stereotypes or gender bias when fixing wages.

Enforcement. Labour inspectorate and courts. The Committee once again asks the Government to provide information on any advisory and enforcement activities of the labour inspectorate with respect to the principle of equal remuneration for men and women for work of equal value, including any information available on the number, nature and outcomes of infringements.