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Equal Remuneration Convention, 1951 (No. 100) - Algeria (Ratification: 1962)

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

Article 3 of the Convention. Objective job evaluation. Collective agreements. Private sector. The Committee requests the Government to indicate the method for the classification of jobs in the private sector provided for by the framework collective agreement for the private economic sector of 30 September 2006.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to indicate whether activities to raise awareness and provide information on equal remuneration for men and women, and particularly on the concept of “work of equal value”, are conducted for employers’ and workers’ organizations or by these organizations for their members, or if such activities are envisaged, and to provide details of any such activities.
Enforcement. The Committee notes the Government’s indication that the labour inspection services have not found any cases of unequal remuneration for men and women for work of equal value and that the courts have not delivered any decisions on the matter. The Committee considers that situations such as this are usually more likely to result from a lack of knowledge regarding the right to equal pay for work of equal value and so are not necessarily indicative of a situation where there is full compliance with the principle of equal pay for work of equal value as set out in the Convention. The Committee requests the Government to continue to provide information on:
  • (i)training and education for members of the labour inspection services regarding the principle of equal pay for work of equal value as set out in the Convention;
  • (ii)the measures taken by the labour inspectorate to detect and put an end to any infringements of the principle of equal remuneration for men and women for work of equal value;
  • (iii)the number and nature of infringements of section 84 Act No. 90-11 of 21 April 1990 concerning to labour relations (equal remuneration among workers without discrimination for work of equal value) identified by the labour inspectorate; and
  • (iv)the number, nature and outcome of pay discrimination cases dealt with by the courts. It also requests the Government to provide information on the measures taken or envisaged to provide information and raise awareness among workers of the procedures and remedies available regarding equal remuneration between men and women, with a view to promoting their access to justice.

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

Articles 1–4 of the Convention. Assessment of the gender pay gap. The Committee recalls that, according to the data provided by the Government in its previous report, the wage gap in 2011 was in favour of women in almost all sectors, and it considered that this unusual situation could be explained by the low participation rate of women in the labour market and the high level of positions that they occupy. In effect, as recalled in its observation under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), women working in Algeria in the formal sector generally have high qualification levels and often occupy high ranking positions in sectors occupied predominantly by men and, therefore, in well-paid positions. The Committee notes that, in its report, the Government does not provide updated statistical information, disaggregated by sex, on the remuneration of men and women by occupational category, in the private and public sectors. It also notes that data on wages, published regularly by the Office for National Statistics (ONS), are still not disaggregated by sex, which does not allow trends in the gender pay gap to be monitored. The Committee further notes that, according to the survey, “Activity, Employment and Unemployment”, published by the ONS in May 2019: (1) the rate of economically active women (17.3 per cent) remains very low compared with that of men (66.8 per cent); and (2) 62.2 per cent of economically active women hold a higher education degree. It also notes that, according to the World Economic Forum’s annual Global Gender Gap Report 2022, Algeria was ranked third out of 146 countries assessed in terms of equal pay for men and women for similar work, which is significant progress (it was ranked 15th out of 149 countries assessed in 2018). However, the Committee emphasizes that the notion of equal remuneration for men and women for similar work is narrower than the principle of equal remuneration for men and women for work of equal value, enshrined in the Convention, which encompasses not only “equal”, “the same” and “similar” work, but also work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Lastly, the Committee notes that the same report indicates that women’s estimated annual income is clearly lower than that of men (US$3,310 for women and US$18,000 for men), which ranks the country in 144th place out of 146 countries assessed. In order to follow the trends on pay gaps over time and across sectors – particularly given the low participation of women in the labour market and their high levels of qualification – the Committee once again requests the Government to take the necessary steps to regularly collect and analyse statistical data on the remuneration of men and women, by occupational category and in the public and private sectors (including the informal economy if possible), and to supply these data disaggregated by sex.
Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Civil service. Legislation. For several years, the Committee has been emphasizing that Ordinance No. 06-03 of 15 July 2006, issuing the General Civil Service Regulations, which prohibits all discrimination, particularly on the grounds of sex (section 27), does not contain any provisions explicitly providing for equal remuneration for men and women for work of equal value. The Committee recalls that, in the absence of a clear legislative framework, it is particularly difficult for men and women workers to assert their right to equal remuneration for work of equal value vis-à-vis employers, the relevant bodies and the courts. It notes with regretthat no legislative amendment has been introduced in this regard.The Committee therefore once again urges the Government to take the necessary steps to: (i) amend Ordinance No. 06-03 of 15 July 2006 issuing the General Civil Service Regulations, in order to incorporate a provision explicitly providing for equal remuneration for men and women for work of equal value; and (ii) assess the pay gaps between men and women in the civil service and raise awareness among public officials and their organizations, as well as personnel managers, of the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective evaluation and classification of jobs in the civil service. The Committee notes the information provided by the Government on the occupational evaluation of civil servants. It notes, however, that there appears to be some confusion between the concept of performance evaluation – which aims at evaluating the way in which a given worker carries out his or her duties – and the concept of objective job evaluation, namely the calculation of the relative value of jobs that do not have the same content on the basis of the duties to be performed. An objective job evaluation must evaluate the position and not the individual worker. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. For further information, the Committee draws the Government’s attention to paragraphs 695–709 of its 2012 General Survey on objective job evaluation.Therefore, the Committee once again requests the Government to: (i) review the job evaluation and classification method to ensure that the classification of jobs and the applicable salary scales in the public service is free from any gender bias and does not result in undervaluation of jobs mainly occupied by women; (ii) encourage the use of job evaluation methods based on objective criteria, such as skills and qualifications, effort, responsibility and working conditions; and (iii) provide statistical information, disaggregated by sex, on personnel numbers in the respective categories (A, B, C and D) in the public service. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with regret that the Government’s report does not contain any replies on the following points.
Article 3 of the Convention. Objective job evaluation. Collective agreements. Private sector. The Committee once again requests the Government to indicate whether the classification of jobs in the private sector provided for by the framework collective agreement of 2006 has been carried out and, if so, to describe the method used.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee once again requests the Government to indicate whether activities to raise awareness and provide information on equal remuneration for men and women, and particularly on the concept of “work of equal value”, are conducted for employers’ and workers’ organizations or by these organizations for their members, or if such activities are envisaged.
Enforcement. The Committee once again requests the Government to indicate: (i) the number and nature of infringements of section 84 of Act No. 90-11 of 21 April 1990 concerning labour relations (equal remuneration for workers without discrimination for work of equal value) identified by the labour inspectorate; (ii) the measures taken by the labour inspectorate to detect and put an end to any infringements of the principle of equal remuneration for men and women for work of equal value; and (iii) the number, nature and outcome of pay discrimination cases dealt with by the courts.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes with interest that, in its report, the Government provides statistical data disaggregated by sex on the average net monthly wages of men and women in 2011, by sector of activity and job category (executives, supervisors, employees etc.). The Committee notes that, according to this data, the overall wage gap is 15.4 per cent in favour of women. The wage gaps in favour of women are found particularly in agriculture and fishing (21.6 per cent), transport and communications (18.4 per cent), construction (17.4 per cent), administration (15.2 per cent) and health (8.4 per cent). The available data also confirms the very low participation rate of women in the formal labour market (5,649,365 men workers and 1,055,171 women workers), which was also emphasized by the Government in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee notes that the wage gap in favour of men is more prominent in real estate and enterprise services (28.4 per cent), “extraterritorial activities” (19.6 per cent), education (7.4 per cent) and especially domestic services (36.6 per cent). The Committee wishes to draw the Government’s attention to the fact that the low participation of women in the formal labour market and the high level of the positions that they occupy may explain these wage gaps in favour of women in certain sectors. Considering the high qualification level of women in the country, they occupy positions in higher categories in certain sectors (particularly sectors in which men are in the majority), and consequently well-paid positions (for example, women represented 27.7 per cent of executives in 2011), which reduces the pay gap between men and women, and even reverses it in favour of women in certain sectors. Moreover, the Committee notes that the data on wages, which are collected regularly from enterprises by the National Statistics Office in conducting the annual survey on wages, are not disaggregated by sex, which means that the trends in the data cannot be monitored regularly. In order to be able to follow the trends in pay gaps over time, particularly given the small but steady increase in the participation of women in the formal labour market, the Committee asks the Government to take the necessary steps to continue to regularly collect and analyse comprehensive data on the remuneration of men and women, by vocational category and in all sectors of economic activity, including the public sector, and to supply this data disaggregated by sex.
Article 2(2). Civil service. Legislation. The Committee recalls that the civil service is governed by Ordinance No. 06-03 of 15 July 2006, which prohibits all discrimination, particularly on the grounds of sex (section 27), but does not contain any provisions on equal remuneration for men and women for work of equal value. The Committee recalls that, in the absence of a clear legislative framework, it is particularly difficult for men and women workers to assert their right to equal remuneration for work of equal value vis-à-vis employers, the relevant bodies and the courts. The Committee once again asks the Government to examine the possibility of amending Ordinance No. 06-03 of 15 July 2006 issuing the General Civil Service Regulations, in order to incorporate a provision explicitly providing for equal remuneration for men and women for work of equal value. It also asks the Government to take the necessary steps to assess the pay gaps between men and women in the civil service and to raise awareness among public officials and their organizations, as well as personnel managers, of the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective evaluation and classification of jobs in the civil service. The Committee notes that the Government’s report contains no new information in this regard. It notes that the Government reiterates that the General Civil Service Regulations are based on a system of classification and remuneration, and that these establish a classification method based on an objective and measurable criterion, namely the level of qualification as attested by degrees, diplomas and training courses. The Government once again indicates that the planned system is intended to renew the focus on qualifications, competence and personal merit, and that remuneration is fixed for each post, regardless of the sex of the person occupying it. The Committee recalls that, despite the existence of salary scales applicable to all public officials, without discrimination on the grounds of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (allowances, benefits etc.). The Committee considers that the planned classification system, as it is based on a single criterion (qualification level), does not allow for the objective assessment of the post itself and could effectively result in the undervaluation of certain tasks, and in general, certain jobs that are largely performed by women. The Committee recalls that an objective job evaluation process, which aims to establish a classification and determine the corresponding remuneration, entails an evaluation of the nature of the tasks that each job involves, in terms not only of qualifications but also of the skills, effort (mental as well as physical) and responsibility that the post requires, and the working conditions of the post. Furthermore, often when equal remuneration for work of equal value is not one of the objectives explicitly envisaged by the evaluation and classification method, there is a risk that this method may reproduce sexist stereotypes relating to the vocational capacities and aspirations of women (see General Survey on the fundamental Conventions, 2012, paragraphs 700–703). The Committee once again requests the Government to review the job evaluation and classification method to ensure that the classification of jobs and the applicable salary scales in the public service is free of any gender bias and does not result in undervaluation of jobs mainly occupied by women. It also requests the Government to encourage the use of job evaluation methods based on objective criteria, such as skills and qualifications, effort, responsibility and working conditions. The Government is also requested to provide information, disaggregated by sex, on the respective categories of personnel (A, B, C and D) in the public service. The Committee recalls that the Government can avail itself of the technical assistance of the Office.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 3 of the Convention. Objective job evaluation. Collective agreements. The Committee requests the Government to indicate whether the classification of jobs in the private sector provided for by the framework collective agreement of 2006 has been carried out and, if so, to provide a copy.
Article 4. Cooperation with employers’ and workers’ organizations. The Committee once again asks the Government to indicate whether activities to raise awareness and provide information on equal remuneration for men and women, and particularly on the concept of “work of equal value”, have been undertaken or are envisaged by or for workers’ and employers’ organizations.
Enforcement. The Government is requested to indicate: (i) the number and nature of infringements of section 84 of Act No. 90-11 of 21 April 1990 concerning labour relations reported by the labour inspectorate; (ii) the measures taken by the labour inspectorate to detect and address any infringements of the principle of equal remuneration for men and women for work of equal value; and (iii) the number, nature and outcome of pay discrimination cases dealt with by the courts.

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. For many years the Committee has been underlining the importance of having full and reliable statistical data on the remuneration of men and women as a basis for drawing up, implementing and then evaluating the measures taken to eliminate pay gaps. The Committee notes that the Government’s report does not contain any information in this regard and that the statistics on net average monthly wages published by the National Statistics Office are not disaggregated by sex. The Committee requests the Government to take the necessary steps to gather and analyse data on pay for men and women for the different occupational categories and in all economic sectors, including the public sector, and to supply such data disaggregated by sex.
Article 2(2). Public service. The Government reaffirms that section 27 of Ordinance No. 06-03 of 15 July 2006 issuing the General Public Service Regulations, which state that “there shall be no discrimination between public servants on the basis of their sex”, gives effect to the Convention. The Committee recalls that the general prohibition on gender-based pay discrimination is usually not sufficient to give effect to the Convention, since it does not take account of the concept of “work of equal value”. This concept is fundamental to addressing occupational sex segregation in the labour market, as it permits a comparison of jobs of a completely different nature, involving differences in knowledge, skills and effort, which are nevertheless of equal value overall (see General Survey on the fundamental Conventions, 2012, paragraphs 673–675). Moreover, in the absence of a clear legislative framework in favour of equal remuneration for men and women for work of equal value, the Committee has repeatedly observed that it has proved difficult for countries to demonstrate that this right is observed in practice, as both men and women workers face problems in asserting their right to equal remuneration for work of equal value vis-à-vis employers, labour inspection services or courts without a specific legal basis. The Committee again requests the Government to consider the possibility of amending the General Public Service Regulations to incorporate a provision establishing equal remuneration for men and women for work of equal value. It also requests the Government to take the necessary steps to raise the awareness of public servants and their organizations, and also of personnel managers with regard to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective evaluation and classification of jobs in the public service. The Committee notes the Government’s indication that the General Public Service Regulations establish a method of classification based on an objective and measurable criterion, namely the level of qualification certified by titles, diplomas or training. According to the Government, the planned system places the focus on qualifications, competence and personal merit. The Committee considers that this job classification method, in so far as it focuses on the characteristics of the particular person, might have the effect of undervaluing certain skills and certain jobs generally performed by women. The Committee recalls that an objective job evaluation process to establish a classification and determine corresponding remuneration entails an evaluation of the nature of the tasks that each job involves, in terms not only of qualifications but also of skills, effort (mental as well as physical), responsibility and working conditions, and also an evaluation of the post and not of the person who occupies it. Furthermore, when equal remuneration for work of equal value is not explicitly included in the objectives of the evaluation and classification method, there is often the risk that this method will reproduce sexist stereotypes concerning women’s capabilities and aspirations with regard to employment (see General Survey, 2012, paragraphs 700–701). The Committee requests the Government to review the job evaluation and classification method in the light of the above in order to ensure that it is free of any gender bias and does not result in undervaluation of jobs generally occupied by women. The Government is also requested to provide information, disaggregated by sex, on the respective categories of staff (A, B, C and D) in the public service. The Committee recalls that the Government can avail itself of the technical assistance of the Office.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Repetition
Article 4 of the Convention. Cooperation with employers’ and workers’ organizations. In the absence of a reply in the Government’s report on this point, the Committee once again requests the Government to indicate the manner in which it cooperates in practice with the organizations of workers and of employers concerned with a view to giving effect to the provisions of the Convention, with an indication of whether activities to raise awareness and provide information on equal remuneration for men and women, and particularly on the concept of “work of equal value”, have recently been undertaken or are envisaged by or for the social partners.
Application of the law. Once again noting the absence of a reply by the Government on this subject, the Committee reiterates its request for information on the following points:
  • (i) the number and nature of infringements of section 84 of Act No. 90-11 of 21 April 1990 on industrial relations reported by the labour inspection services;
  • (ii) the measures taken by the labour inspection services to detect and bring an end to any infringements of the principle of equal remuneration for men and women for work of equal value; and
  • (iii) the number, nature and outcome of equal remuneration cases dealt with by the judicial authorities.
Promotion of the principle of the Convention. National Council for the Family and Women. The Committee reiterates its request for information on the activities undertaken or planned by the National Council for the Family and Women on equal remuneration for men and women.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:
Repetition
Gender pay gap. Private sector. … Recalling that it is particularly important to have available full and reliable statistical data on the remuneration of men and women as a basis for drawing up, implementing and then evaluating the measures taken to eliminate pay gaps, the Committee asks the Government to intensify its efforts to gather and analyse such data in the various economic sectors, including the public sector, and for the different occupational categories, and to provide such data with its next report. The Committee also asks the Government to take the necessary measures to eradicate pay gaps between men and women, including through awareness-raising measures on the principle of equal remuneration for men and women for work of equal value among employers, workers and their organizations and to provide information on any action taken in this respect and on any obstacles encountered.
Public service. The Committee notes the Government’s view, in reply to its previous comment, that it is not necessary to include in the general public service regulations (Ordinance No. 06-03 of 15 July 2006) a provision requiring equal remuneration for men and women for work of equal value since all the laws and regulations governing the personnel of public institutions and administrations apply to all public employees irrespective of sex. The Committee wishes to draw the Government’s attention to the fact that the adoption and application of wage scales without sex distinction in the public service is not sufficient to exclude any gender discrimination in relation to remuneration. Indeed, such discrimination may have its roots in the criteria used for the classification of jobs, under-evaluation of the work performed mainly by women, or inequalities resulting from the provision of certain accessory benefits (bonuses, indemnities, allowances, etc.) to which men and women do not have access on an equal footing by law or in practice. In the light of the above, the Committee once again asks the Government to indicate the manner in which it ensures the application of the principle of equal remuneration (basic wages and additional emoluments) between men and women for work of equal value, with an indication of whether objective job evaluations have already been undertaken or are envisaged in the public service.
Objective job evaluation. Collective agreements. In its previous observation, the Committee noted that the framework collective agreement for the private sector concluded on 30 September 2006 between the General Union of Algerian Workers (UGTA) and five employers’ organizations contains provisions relating to the classification of jobs on the basis of job descriptions and the analysis, evaluation and rating of their content, leading to their classification according to the results of the evaluation. It also noted that the collective agreement sets out evaluation criteria (qualifications, responsibility, physical or intellectual effort, working conditions, and any particular constraints or requirements), but that it does not specifically envisage the application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government confines itself in its report to referring once again to the framework collective agreement, without providing the information requested on its application in practice, particularly with regard to job evaluation and classification. The Committee therefore asks the Government to indicate how jobs in the private sector are classified in practice, in accordance with the framework collective agreement, and to indicate whether such classification has recently been reviewed in the various occupational branches. The Committee also asks the Government to provide information on the clauses in recently concluded branch collective agreements reflecting the principle of equal remuneration for men and women for work of equal value and providing for the evaluation of jobs on the basis of the work to be performed, and on the implementation of these clauses.
The Committee is raising other points in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 4 of the Convention. Cooperation with employers’ and workers’ organizations. In the absence of a reply in the Government’s report on this point, the Committee once again requests the Government to indicate the manner in which it cooperates in practice with the organizations of workers and of employers concerned with a view to giving effect to the provisions of the Convention, with an indication of whether activities to raise awareness and provide information on equal remuneration for men and women, and particularly on the concept of “work of equal value”, have recently been undertaken or are envisaged by or for the social partners.
Application of the law. Once again noting the absence of a reply by the Government on this subject, the Committee reiterates its request for information on the following points:
  • (i) the number and nature of infringements of section 84 of Act No. 90-11 of 21 of April 1990 on industrial relations reported by the labour inspection services;
  • (ii) the measures taken by the labour inspection services to detect and bring an end to any infringements of the principle of equal remuneration for men and women for work of equal value; and
  • (iii) the number, nature and outcome of equal remuneration cases dealt with by the judicial authorities.
Promotion of the principle of the Convention. National Council for the Family and Women. The Committee reiterates its request for information on the activities undertaken or planned by the National Council for the Family and Women on equal remuneration for men and women.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Gender pay gap. Private sector. The Committee notes the information provided by the Government on average wages for 2009 (by sex and age category) established on the basis of a survey of the annual wage declarations submitted to the National Social Security Fund, covering all skill levels and sectors. These partial data show that, depending on the age category, the average pay gap between men and women is between 3.3 per cent (46–50 years) and 52.8 per cent (60 years) to the detriment of women and that for all age categories taken together, the average wage gap between men and women is around 15 per cent. Recalling that it is particularly important to have available full and reliable statistical data on the remuneration of men and women as a basis for drawing up, implementing and then evaluating the measures taken to eliminate pay gaps, the Committee asks the Government to intensify its efforts to gather and analyse such data in the various economic sectors, including the public sector, and for the different occupational categories, and to provide such data with its next report. The Committee also asks the Government to take the necessary measures to eradicate pay gaps between men and women, including through awareness-raising measures on the principle of equal remuneration for men and women for work of equal value among employers, workers and their organizations and to provide information on any action taken in this respect and on any obstacles encountered.
Public service. The Committee notes the Government’s view, in reply to its previous comment, that it is not necessary to include in the general public service regulations (Ordinance No. 06-03 of 15 July 2006) a provision requiring equal remuneration for men and women for work of equal value since all the laws and regulations governing the personnel of public institutions and administrations apply to all public employees irrespective of sex. The Committee wishes to draw the Government’s attention to the fact that the adoption and application of wage scales without sex distinction in the public service is not sufficient to exclude any gender discrimination in relation to remuneration. Indeed, such discrimination may have its roots in the criteria used for the classification of jobs, under-evaluation of the work performed mainly by women, or inequalities resulting from the provision of certain accessory benefits (bonuses, indemnities, allowances, etc.) to which men and women do not have access on an equal footing by law or in practice. In the light of the above, the Committee once again asks the Government to indicate the manner in which it ensures the application of the principle of equal remuneration (basic wages and additional emoluments) between men and women for work of equal value, with an indication of whether objective job evaluations have already been undertaken or are envisaged in the public service.
Objective job evaluation. Collective agreements. In its previous observation, the Committee noted that the framework collective agreement for the private sector concluded on 30 September 2006 between the General Union of Algerian Workers (UGTA) and five employers’ organizations contains provisions relating to the classification of jobs on the basis of job descriptions and the analysis, evaluation and rating of their content, leading to their classification according to the results of the evaluation. It also noted that the collective agreement sets out evaluation criteria (qualifications, responsibility, physical or intellectual effort, working conditions, and any particular constraints or requirements), but that it does not specifically envisage the application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government confines itself in its report to referring once again to the framework collective agreement, without providing the information requested on its application in practice, particularly with regard to job evaluation and classification. The Committee therefore asks the Government to indicate how jobs in the private sector are classified in practice, in accordance with the framework collective agreement, and to indicate whether such classification has recently been reviewed in the various occupational branches. The Committee also asks the Government to provide information on the clauses in recently concluded branch collective agreements reflecting the principle of equal remuneration for men and women for work of equal value and providing for the evaluation of jobs on the basis of the work to be performed, and on the implementation of these clauses.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Application of the law. In view of the lack of a reply from the Government regarding the application of section 84 of Act No. 90-11 of 21 April 1990 concerning labour relations, which establishes the principle of equal remuneration for work of equal value, the Committee repeats its request for information on the following points:

(i)        the number and nature of infringements of section 84 recorded by the labour inspectorate;

(ii)       the steps taken by the labour inspectorate to detect any contraventions of the principle of equal remuneration for work of equal value;

(iii)      the number, nature and outcome of equal remuneration cases dealt with by the judicial authorities.

Application of the principle of the Convention in the public service. The Committee notes that the General Public Service Regulations (Act No. 06-03 of 16 July 2006) state that “no discrimination may be made between public servants by reason of […] their sex” (section 27) but that they do not contain any provision requiring equal remuneration for men and women officials for work of equal value. The Committee asks the Government to indicate in its next report the manner in which the application of the principle of equal remuneration for men and women for work of equal value is ensured in the public service.

Cooperation with employers’ and workers’ organizations. The Committee repeats its previous request for information on the activities undertaken in cooperation with the social partners to give effect to the provisions of the Convention, including any activities to raise awareness of the principle of equal remuneration and of the concept of “work of equal value” undertaken with the employers’ and workers’ organizations.

Promotion of the principle of the Convention. National Council for the Family and Women. The Committee notes the establishment of the National Council for the Family and Women by means of Executive Decree No. 06-421 of 22 November 2006, which replaces the National Council for Women which was officially set up in March 2005. The Committee asks the Government to supply information on the specific activities undertaken by the National Council for the Family and Women to promote the application of the principle of equal remuneration for men and women for work of equal value, particularly supplying copies of reports, studies and surveys conducted in this area.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Statistical data on levels of remuneration for men and women. In its previous observation, the Committee expressed the hope of receiving the results of the survey which had commenced in March 2007 concerning levels of remuneration disaggregated by sex and asked the Government to supply any additional information on this subject. The Committee notes that the Government’s report does not contain any information in this regard. It reiterates once again the importance of having data concerning the remuneration of men and women, according to the posts occupied, in all categories of employment, both within the same branch of activity and between different branches, in order to be in a position to deal effectively with gender remuneration gaps. These data are essential for enabling an adequate evaluation of the nature, extent and causes of remuneration gaps between men and women and also an evaluation of the application of the Convention. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights expressed concern at the fact that women’s wages are approximately one third of those of men’s and recommended the adoption of measures to reduce the gender wage gap (E/C.12/DZA/CO/4, 7 June 2010, paragraph 8). The Committee urges the Government to compile and communicate statistical data in its next report on the distribution of men and women in the various sectors of economic activity, various occupational categories and different posts, and to supply all available statistics on their respective levels of remuneration in the public and private sectors.

Objective job evaluation. Collective agreements. The Committee notes that the collective agreement concluded on 30 September 2006 between the General Union of Algerian Workers (UGTA) and five employers’ organizations contains provisions relating to the classification of jobs which must be established by enterprise agreements on the basis of job descriptions and analysis, evaluation and rating of their content and their classification according to the results of the evaluation (sections 95 and 100). This collective agreement also states that job evaluation is based in particular on qualifications, responsibility, physical or intellectual effort, working conditions, and any particular constraints or requirements (section 101). However, the Committee notes that this collective agreement does not contain any provision which explicitly requires the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to supply information on the practical application of section 101 of the collective agreement of 30 September 2006, particularly clarifying whether this section is used for comparing different jobs, with a view to implementing equal remuneration for men and women workers for work of equal value. The Committee also requests the Government to supply information on the manner in which collective agreements are used to promote objective job evaluation so that levels of remuneration for women and men are established without gender bias. Finally, the Committee requests the Government once again to send a copy of any collective agreements reflecting the principle of equal remuneration for men and women.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Application of the law. The Committee notes that section 84 of Act No. 90-11 of 21 April 1990 regarding labour relations enshrines the principle of equal remuneration for work of equal value. The Committee also notes that section 142 of the same Act makes anyone who signs a collective labour agreement whose provisions are such as to create discrimination between workers in terms of employment, remuneration or conditions of work liable to a fine of 200 to 5,000 Algerian dinars. The Committee asks the Government to supply information on the application in practice of this legislation stating: (a) the number and nature of infringements of section 84 recorded by the labour inspectorate; (b) the other measures adopted by the labour inspectorate to detect any contraventions of the principle of equal remuneration for work of equal value; (c) the number, nature and outcome of equal remuneration cases dealt with by the judicial authorities pursuant to the legislation on equal remuneration.

2. Articles 3 and 4 of the Convention. Cooperation with employers’ and workers’ organizations. In its previous comments, the Committee welcomed the Government’s initiative to monitor the efforts of the social partners to ensure objective evaluation of jobs in collective bargaining. The Committee particularly notes that, further to the conclusion of the National Economic and Social Pact in September 2006, the employers and the trade unions undertook to support any government action aimed at ensuring observance of social legislation and diligence in its application. The Committee hopes that the Government and its social partners will make the most of this undertaking in favour of the application of social legislation to implement activities aimed at promoting the principles contained in the Convention and observing them in practice. The Committee asks the Government to supply information on the activities undertaken, further to the conclusion of the National Economic and Social Pact, to observe and apply the legislation on equal remuneration with the cooperation of the social partners. The Committee repeats the requests that it has made to the Government for several years to send copies of collective agreements which include provisions on equal remuneration for work of equal value and to indicate the methods adopted in the negotiation of these agreements in order to measure and compare objectively the relative value of the jobs performed.

3. Promotion of the principle of the Convention. National Council for Women. The Committee notes that the Government’s report does not contain any information on the activities of the National Council for Women which was officially set up in March 2005. The Committee repeats the request it has made to the Government for several years to supply information in its next report on the Council’s activities to encourage application of the principle of equal remuneration for work of equal value, including copies of reports, studies published and surveys.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. In its previous observation, the Committee reminded the Government that, although forbidding sex-based wage classifications is an important aspect of equal remuneration, the simple fact that men and women are paid the same for doing the same work does not mean that inequality in remuneration does not exist. The Committee drew the Government’s attention to the fact that discrimination may still arise from the fact that women are more heavily concentrated in certain jobs and in certain sectors of activity where work is poorly paid in relation to the value of the work performed. The Committee reminded the Government of the importance of eliminating this type of discrimination in order to give full effect to the principle of equal remuneration for work of equal value. In this context, the Committee asked the Government to supply information on the measures taken or envisaged to examine remuneration systematically and to compare those jobs in which men predominate with those in which women predominate, in order to identify and rectify instances of pay discrimination.

2. Statistical information on levels of remuneration disaggregated by sex. The Committee notes the interest expressed by the Government in identifying, with the help of statistical data, possible cases of discrimination arising from the segregation of women in low-paid jobs. The Committee notes that the survey scheduled for 2006 concerning levels of remuneration disaggregated by sex started in March 2007 after being postponed. The Committee reminds the Government of the importance of incorporating the statistical elements listed in the general observation of 1998 in the survey on wages. Moreover, the Committee notes that the Government would be interested in receiving technical assistance from the ILO to provide clarification on the gathering of statistical data. The Committee hopes that the Government will take the necessary measures to benefit from technical assistance from the ILO as soon as possible. The Committee hopes to receive the results of the survey on wages and again asks the Government to supply any additional information, including documents and research reports relating to this work.

3. Objective evaluation of jobs. The Committee notes that the Government has not supplied information on the measures taken or envisaged to promote an objective evaluation of jobs to enable a comparison of posts in which men predominate with those in which women predominate. The Committee reiterates the importance of this type of evaluation in rectifying inequalities in pay in cases where women and men perform work which is different but of the same value, as defined by an objective valuation of the tasks to be accomplished. In this context, the Committee draws the Government’s attention to its general observation of 2006 on this matter (see, in particular, paragraph 5). The Committee again asks the Government to supply information on the measures taken or envisaged to undertake a comparison, on the basis of objective methods of job evaluation, of posts in which women predominate with those in which men predominate.

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

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

1. Objective job evaluation. The Committee notes the Government’s indication that it is monitoring efforts by the social partners to ensure the use of objective job evaluation in the negotiation of collective agreements. The Committee welcomes the Government’s initiative in this regard and hopes that, beyond monitoring the negotiation of such agreements, the Government will also take measures to promote the principle of equal remuneration in practice. The Committee asks the Government to provide copies of any collective agreements that include provisions for equal remuneration for work of equal value, and to indicate the methods adopted in the negotiation of these agreements to objectively measure and compare the relative value of the jobs performed. Please also indicate how the Government cooperates with the social partners to give effect to the principle of the Convention by, for example, informing workers and employers and their organizations of the legal requirements for the application of the principle of equal remuneration and of practical measures necessary to apply the principle. The Committee further asks the Government for information on the measures taken to ensure the application of the principle of equal remuneration in the public sector, including information on the methods used to evaluate jobs and assign remuneration levels in a non-discriminatory manner.

2. Promotion of the principle of the Convention. The Committee notes that the Government’s report does not include information on the activities carried out by the recently created National Council for Women. The Committee again hopes that the Council will soon be able to put its mandate into practice to promote the advancement of the status of women in the country and to conduct and disseminate research in this area. The Committee asks the Government to provide information in its next report on the activities carried out by the Council to promote the application of the principle of equal remuneration for work of equal value, including copies of reports, published studies and surveys as well as information on the involvement of the social partners.

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

1. The Committee notes that for several years now, it has been raising similar issues in its comments and that, again this year, the Government’s brief report does not adequately reply to the Committee’s previous requests. In light of this fact, the Committee would like to offer some additional guidance to encourage the Government to prepare reports in the future that will allow the Committee to make a full and fair assessment of the progress made in the application of the Convention.

2. Article 2 of the Convention. Principle of equal remuneration. The Committee notes that the Government continues to repeat that the concept of equal remuneration for work of equal value is enshrined in law and that there is no inequality between men and women since remuneration is attached to jobs, regardless of sex. The Committee wishes to remind the Government that, although forbidding sex-based wage classifications is an important aspect of equal remuneration, the principle of equal remuneration for work of equal value as expressed in the Convention extends beyond cases where work is performed in the same establishment, as well as beyond jobs performed by both sexes. In this respect, simply because men and women are paid the same for doing the same work it does not mean that inequality in remuneration does not exist. Discrimination may still arise out of the fact that women are more heavily concentrated in certain jobs and in certain sectors of activity where work is poorly paid in relation to the value of the work performed. For this reason the establishment of objective evaluation systems is important, particularly for occupations in which women predominate compared with those in which men predominate, in order to identify and remedy cases of wage discrimination. This is also why, in applying the principle of the Convention, the comparison between jobs performed by men and women should be as wide as possible, even comparing jobs in different places or enterprises or between different employers. The Committee therefore asks the Government to provide information on the measures taken or envisaged to examine remuneration systematically and to compare those jobs in which men predominate with those in which women predominate, in order to identify and correct instances of pay discrimination.

3. In light of the above, the Committee recalls the importance of gathering data on the position and pay of men and women in all job categories within and between the various sectors in order to address fully the continuing remuneration gap between men and women based on sex. The Committee notes in this regard that the Government is collecting wage statistics disaggregated by sex as part of its national survey on wages in 2006. The Committee again wishes to draw the Government’s attention to the guidance set out in its general observation of 1998, listing the statistical elements that governments are encouraged to gather in order to provide the fullest possible information to help the Committee assess the application of the Convention. It further recalls that the Government may request, if need be, the technical assistance of the Office regarding the collection of sex-disaggregated statistics. The Committee looks forward to receiving the results of the 2006 national survey on wages and welcomes any additional information including research documentation and reports related to this work.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2 of the Convention. Promotion of the principle of the Convention. The Committee notes with interest the Government’s statement that the Additional Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa has been ratified in March 2005. The Committee also takes note of the Government’s explanations that the National Council for Women, created by Executive Decree No. 97-98 in 1997, has been officially set up on 8 March 2005 and is currently defining its operational structure and preparing its programme of activities. The Committee hopes that the Council will soon be able to put into practice its mandate to promote the advancement of the status of women in the country and to conduct and disseminate research in this area. The Committee asks the Government to provide information in its next report on the activities carried out by the Council, including copies of reports, published studies and surveys as well as information on tripartite involvement, to promote the application of the principle of equal remuneration for work of equal value.

2. The Committee notes with regret that the Government’s report for the third consecutive time does not contain a reply on the remaining points raised in its previous comments. The Committee therefore urges the Government once again to include in its next report full information in reply to its previous direct request, which raised the following points.

(a)  Article 2. Principle of equal remuneration. The Committee notes that the Government continues to repeat that the concept of equal remuneration for work of equal value is included in Act No. 90-11 of 21 April 1990 and that there is no inequality of remuneration between men and women since remuneration is attached to jobs, regardless of sex. The Committee also notes the Government’s indication that the national survey on wages does not contain data on wage levels disaggregated by sex. In this regard, the Committee recalls its general observations of 1990 and 1998 on this Convention in which it pointed out that the mere removal of male and female wage classifications is not sufficient for a full application of the Convention. An analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. Thus, in the absence of any statistical data disaggregated by sex provided in the Government’s report, the Committee is bound to remind the Government that collecting such information is essential in order to enable it to assess to what extent the principle laid down in the Convention and in national legislation is applied in practice and what progress has been made. Recalling that the Government may request, if need be, the technical assistance of the Office regarding the establishment of sex-disaggregated statistics, the Committee requests the Government to indicate all efforts undertaken to collect data concerning the levels of remuneration of women and men and to transmit all statistical information already available, including reports, research documentation, surveys or other.

(b)  Article 3. Objective appraisal of jobs. In the absence of any information on this point, the Committee must recall that when employment evaluation plans use market salary rates to establish the relative weight of criteria, it is possible that these weightings tend to reflect discrimination in the labour market stemming from sexist prejudices or stereotypical perceptions, which result in the under-evaluation of employment carried out principally by women. This is why the Committee recommends the establishment of evaluation systems for occupations in which women predominate and those in which men predominate in order to identify and remedy cases of wage discrimination. In addition, even when the State does not intervene directly in determining wages, it is nevertheless under an obligation, pursuant to Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly when it has the legal power to do so under constitutional or legislative provisions. The Committee therefore requests the Government once again to supply information on the measures taken or envisaged: (a) to ensure application of the principle of equal remuneration for men and women for work of equal value in the spheres in which it can exert direct or indirect influence on the determination of wage scales; (b) to encourage application of the principle of equal remuneration in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with employers and workers for the purpose of giving effect to the Convention and national legislation on the subject.

3. In order to ascertain the progress made in the application of the Convention, the Committee hopes that the Government will make every effort to provide with its next report full information in reply to each of these points.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the reports of the Government, and of the attached annexes. However, it notes that the Government repeats its previous explanations without providing information in response to the Committee’s previous remarks and requests. Therefore the Committee is bound to repeat its previous comments that read as follows:

1. With regard to point 2 of its previous direct request, the Committee asks the Government to provide in its next report information on the activities undertaken by the National Council for Women, established in 1997, with the mandate of promoting the advancement of the status of women in the country and to conduct and disseminate research in this area. It also asks the Government to supply a copy of this council’s annual report and the information documents and studies published as well as information on tripartite involvement in such activities.

2. The Committee notes the Government’s statement in its report to the effect that there is no inequality of remuneration between men and women workers since remuneration is attached to jobs, regardless of sex. In its 1998 general observation concerning this Convention, the Committee emphasized the constant efforts that must be made by governments to apply the Convention fully; efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. The Committee notes that, according to the Government’s 1998 report, a national survey on wages was due to start in September 1998 which would incorporate the concerns previously raised by the Committee concerning the distribution between men and women at the various wage levels, and particularly in the occupations and sectors employing a large number of women, in both the private and public sectors. It asks the Government to indicate whether this survey has been completed, in which case it asks it to supply the results in order to enable it to ascertain to what extent the principle laid down in the Convention and in national legislation in section 84 of Act No. 90-11 of 21 April 1990 regarding labour relations is actually applied in practice.

3. The Committee wishes to draw the Government’s attention to the fact that, when employment evaluation plans use market salary rates to establish the relative weight of criteria, it is possible that these weightings tend to reflect traditional discrimination in the labour market stemming from sexist prejudices or stereotypical perceptions, which result in the under-evaluation of employment carried out principally by women. This is why the Committee recommends the establishment of evaluation systems for occupations in which women predominate and those in which men predominate in order to identify and remedy cases of wage discrimination. In addition, even when the State does not intervene directly in determining wages, it is nevertheless under an obligation, pursuant to Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly when it has the legal power to do so under constitutional or legislative provisions. The Committee therefore asks the Government once again to supply information on the measures taken or envisaged: (a) to ensure application of the principle of equal remuneration for male and female workers for work of equal value in the spheres in which it can exert direct or indirect influence on the determination of wage scales; (b) to encourage application of the principle of equal remuneration in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with employers and workers for the purpose of giving effect to the Convention and national legislation on the subject.

In order to ascertain the state of the application of the Convention the Committee hopes that the Government will provide with its next report full information in reply to each of these points, and statistical data disaggregated by sex.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the fact that it contains no information allowing the Committee to ascertain the state of application of the Convention.

1.  With regard to point 2 of its previous direct request, the Committee asks the Government to provide in its next report information on the activities undertaken by the National Council for Women, established in 1997, with the mandate of promoting the advancement of the status of women in the country and to conduct and disseminate research in this area. It also asks the Government to supply a copy of this council’s annual report and the information documents and studies published as well as information on tripartite involvement in such activities.

2.  The Committee notes the Government’s statement in its report to the effect that there is no inequality of remuneration between men and women workers since remuneration is attached to jobs, regardless of sex. In its 1998 general observation concerning this Convention, the Committee emphasized the constant efforts that must be made by governments to apply the Convention fully; efforts must be made that go beyond the mere removal of male and female wage classifications. It emphasized that an analysis of the position and pay of men and women in all job categories within and between the various sectors is required to address fully the continuing remuneration gap between men and women which is based on sex. The Committee notes that, according to the Government’s 1998 report, a national survey on wages was due to start in September 1998 which would incorporate the concerns previously raised by the Committee concerning the distribution between men and women at the various wage levels, and particularly in the occupations and sectors employing a large number of women, in both the private and public sectors. It asks the Government to indicate whether this survey has been completed, in which case it asks it to supply the results in order to enable it to ascertain to what extent the principle laid down in the Convention and in national legislation in section 84 of Act No. 90-11 of 21 April 1990 regarding labour relations is actually applied in practice.

3.  The Committee wishes to draw the Government’s attention to the fact that, when employment evaluation plans use market salary rates to establish the relative weight of criteria, it is possible that these weightings tend to reflect traditional discrimination in the labour market stemming from sexist prejudices or stereotypical perceptions, which result in the under-evaluation of employment carried out principally by women. This is why the Committee recommends the establishment of evaluation systems for occupations in which women predominate and those in which men predominate in order to identify and remedy cases of wage discrimination. In addition, even when the State does not intervene directly in determining wages, it is nevertheless under an obligation, pursuant to Article 2 of the Convention, to ensure the application of the principle of equal remuneration, particularly when it has the legal power to do so under constitutional or legislative provisions. The Committee therefore asks the Government once again to supply information on the measures taken or envisaged: (a) to ensure application of the principle of equal remuneration for male and female workers for work of equal value in the spheres in which it can exert direct or indirect influence on the determination of wage scales; (b) to encourage application of the principle of equal remuneration in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with employers and workers for the purpose of giving effect to the Convention and national legislation on the subject.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the attached information. It also notes the receipt during the Committee's session, of Executive Decrees No. 97-391 of 19 October 1997 and No. 97-437, No. 97-438 and No. 97-439 of 17 November 1997. The Committee is obliged to put off its examination of this material until its next session.

1. The Committee notes the adoption of the revised Constitution of 28 November 1996 prohibiting discrimination on grounds of birth, race, sex, opinion and any other personal or social condition or circumstance (article 29).

2. The Committee notes with interest that the Government, by Executive Decree No. 97-98 of 29 March 1997, created a National Council for Women, which is tripartite and inter-ministerial, and which has the mandate to act as a consultative body for the advancement of the status of women in the country and to conduct and disseminate research (including the establishment of a data bank) in this area. The Committee further notes that the Council will submit annually to the Government a report on the national policy on women. The Committee asks the Government to provide in its next report information on the activities of this Council to promote the principle of equal remuneration between men and women for work of equal value, including copies of the annual report, information materials and studies published or envisaged on equal remuneration as well as on tripartite involvement in such activities.

3. Further to its previous comments on the need for information to assess the practical application of the principle of the Convention, the Committee notes that the Government will be undertaking a national survey on wages (starting from September 1998) which will incorporate the concerns previously raised by the Committee concerning the distribution between men and women at the various wage levels, and particularly in the occupations and sectors employing a large number of women in both the private and public sector. The Committee hopes that the Government will provide full information on this matter as soon as possible. It hopes that the survey results, which will be communicated to the Committee upon completion of the study, will enable the Committee to assess whether the principle of the Convention is being implemented in practice, as well as whether section 84 of Act. No. 90-11 of 21 April 1990 is being implemented at the national level.The Committee also requests the Government to indicate the extent to which the social partners and women workers will be involved in the survey. In the meantime, the Committee requests the Government to supply examples of collective agreements determining wage scales.

4. With reference to its previous comments on the Government's action to promote objective appraisal of jobs, particularly through the development of any machinery and procedures for providing for a method of appraisal free from any discrimination based on sex, the Committee is obliged to ask the Government again to supply information on the measures taken or contemplated: (a) to ensure application of the principle of equal remuneration between men and women for work of equal value in the spheres in which it can exert direct or indirect influence on determining wage scales; (b) to encourage application of the principle in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with the social partners for the purpose of giving effect to the Convention and national legislation on the subject.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. For a number of years, the Committee has been attempting to obtain information on the application in practice of the principle of equal remuneration for men and women for work of equal value enshrined in the Convention and, at national level, in section 84 of Act No. 90-11 of 21 April 1990 regarding industrial relations. For this purpose, it has requested the Government to supply the wage scales determined by collective agreements or other means which are applicable in the occupations and sectors employing a large number of women, with an indication of the distribution of men and women at the various wage levels. It has also requested indications on the distribution of men and women in the 20 categories set out in the national indicative scale of remuneration for officials and employees in public institutions and administrations. In its previous reports, the Government stated that it was in the process of assembling the information and would send it to the Committee as soon as possible. The Committee notes that in its most recent report, the Government merely affirms that the wage scales determined by collective agreements or in the model conditions of service for employees in public institutions and administrations do not make any distinction on the basis of sex. The Committee nevertheless recalls that the adoption of a single wage scale is a prerequisite for achieving equal remuneration but is not sufficient since discrimination may also arise out of the existence of occupational categories and jobs reserved for women. This is why the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account if it is wished to avoid or redress a biased evaluation of jobs traditionally considered as "peculiar to women". In this respect, the Committee reminds the Government of paragraphs 22 and 23 of its 1986 General Survey on equal remuneration. The Committee therefore requests the Government once again to supply the information necessary to enable it to assess the application in practice of the principle of the Convention, and particularly information on the occupations and sectors employing a large number of women (in both the private and public sectors) and the distribution of men and women at the various wage levels.

2. The Committee notes the information to the effect that Decree No. 82/356 of 20 November 1982 determining the national method for the classification of jobs has been repealed and that, henceforth, wages will be fixed by collective bargaining. On this matter, it recalls that although Article 3, paragraph 1, of the Convention does not lay down the obligation to adopt measures for objective appraisal of jobs, nevertheless, the adoption of the concept of work of equal value implies logically a comparison of tasks and therefore the existence of machinery and procedures for providing appraisal free of any discrimination based on sex. The Committee also points out that under Article 2, paragraph 1, of the Convention the obligation on each Member to ensure the application of the principle of equal remuneration is limited to the fields in which its action is compatible with the methods in operation for determining rates of remuneration. In any event, as the Committee stressed in paragraph 27 of the General Survey mentioned above, if the State intervenes in fixing minimum wages, it is barred from referring to the principle of free collective bargaining to escape this obligation. In addition, the Committee notes, again under Article 2 of the Convention, that in cases where the Government is excluded from wage fixing because of the right to collective bargaining, it must encourage application of the principle and, under Article 4 of the Convention, shall cooperate as appropriate with the employers' and workers' organizations concerned for the purpose of giving effect to the provisions of the Convention.

3. Consequently, the Committee requests the Government to supply information on the measures taken or contemplated: (a) to ensure application of the principle of equal remuneration in the spheres in which it can exert direct or indirect influence on determining wage scales; (b) to encourage application of the principle of equal remuneration in cases where the Government is excluded from the wage-fixing machinery; and (c) to cooperate with employers and workers for the purpose of giving effect to the Convention and national legislation on the subject.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government qualifies its previous statement that the principle of equal remuneration for men and women workers is set out in the national legislation, and particularly in section 84 of Act No. 90-11 of 17 April 1990 respecting industrial relations. The Committee notes the above statement and recalls that for a number of years it has been requesting information in order to enable it to assess the manner in which the principle of the Convention, set out in section 84 of the above Act, is applied in practice. The Government states in reply that information concerning the wage rates determined by collective agreement have been requested and will be supplied as soon as they have been received. The Committee hopes that the Government will be in a position to supply with its next report the wage scales determined by collective agreement or other means which are applicable in the occupations and sectors employing a large number of women, with an indication of the distribution of men and women at the various wage levels.

It would also be grateful if the Government would supply copies of the collective agreements that are in force which determine the wage scales concluded in the context of Act No. 90-11 of 17 April 1990, which repeals the Act of 5 August 1978 issuing the general conditions of service of workers, with an indication if possible of the percentage of women covered by these agreements.

2. The Committee thanks the Government for having supplied a copy of Decree No. 85-59 of 23 March 1985 issuing model conditions of service for employees in public institutions and administrations. It notes the national indicative scale determined by the above Decree. However, it notes that the Government did not supply with the wage scale an indication of the distribution of men and women at the various levels, as the Committee had requested in its previous comments. It therefore hopes that, in order to enable it to assess the manner in which the principle of the Convention is implemented in practice in the public sector, the next report will contain indications of the distribution of men and women in the 20 categories envisaged in the above scale in public institutions and administrations which employ a large number of women.

3. The Committee notes that the Government has not replied to point 2 of its previous direct request. It hopes that the Government will indicate in its next report the number and nature of the jobs held by women in the 105 jobs re-evaluated by Decree No. 82/356 of 20 November 1982 to determine the national method for the classification of jobs, to which reference was made in the Government's previous report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct request, the Committee notes the information supplied by the Government in its report and the attached copies of laws and regulations.

1. The Committee notes that the Government qualifies its previous statement that the principle of equal remuneration for men and women workers is set out in the national legislation, and particularly in section 84 of Act No. 90-11 of 17 April 1990 respecting industrial relations. The Committee notes the above statement and recalls that for a number of years it has been requesting information in order to enable it to assess the manner in which the principle of the Convention, set out in section 84 of the above Act, is applied in practice. The Government states in reply that information concerning the wage rates determined by collective agreement have been requested and will be supplied as soon as they have been received. The Committee hopes that the Government will be in a position to supply with its next report the wage scales determined by collective agreement or other means which are applicable in the occupations and sectors employing a large number of women, with an indication of the distribution of men and women at the various wage levels.

It would also be grateful if the Government would supply copies of the collective agreements that are in force which determine the wage scales concluded in the context of Act No. 90-11 of 17 April 1990, which repeals the Act of 5 August 1978 issuing the general conditions of service of workers, with an indication if possible of the percentage of women covered by these agreements.

2. The Committee thanks the Government for having supplied a copy of Decree No. 85-59 of 23 March 1985 issuing model conditions of service for employees in public institutions and administrations. It notes the national indicative scale determined by the above Decree. However, it notes that the Government did not supply with the wage scale an indication of the distribution of men and women at the various levels, as the Committee had requested in its previous comments. It therefore hopes that, in order to enable it to assess the manner in which the principle of the Convention is implemented in practice in the public sector, the next report will contain indications of the distribution of men and women in the 20 categories envisaged in the above scale in public institutions and administrations which employ a large number of women.

3. The Committee notes that the Government has not replied to point 2 of its previous direct request. It hopes that the Government will indicate in its next report the number and nature of the jobs held by women in the 105 jobs re-evaluated by Decree No. 82/356 of 20 November 1982 to determine the national method for the classification of jobs, to which reference was made in the Government's previous report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the statistics on wages published in the Algerian Statistics Directory No. 12 (1983-84), which showed that the average monthly wage of women was much lower than that of men for certain categories of workers, are no longer applicable since the implementation, in 1985, of the national system of objective evaluation of jobs which had been adopted in 1980 in order put an end to unjustified wage differentials. The Committee would be grateful if the Government would supply recent information in its next report in order to permit it to assess the manner in which the principle of equality of remuneration for work of equal value, as set out in the various laws and decrees supplied with the reports, is applied in practice, and particularly: (i) the wage scales in force in the public sector under the General Conditions of Service of the Public Service and the specific conditions of service of public and semi-public institutions, with an indication of the proportion of men and women employed at the various levels; (ii) the wage levels established by collective agreements or by other methods in various sectors of activity, indicating if possible the percentage of women covered by these collective agreements and the distribution of men and women employed at the various levels.

2. The Committee notes that the report does not reply to paragraph 1 of its previous request, which read as follows:

With reference to its previous request, the Committee notes the Government's statement that the implementation of the wage system has had convincing results. However, a number of practical problems have arisen which are mainly related to the sub-classification of certain jobs and insufficient differentials. In order to remedy these insufficiencies, appeal machinery has been established, since 1986, in each ministerial department and in the units and enterprises for which they are responsible. The process of re-evaluating jobs concerned 105 jobs, a list of which has been supplied with the report. The Committee requests the Government to indicate the number and nature of the jobs filled by women in the 105 jobs which were re-evaluated, and the progress achieved as a result of the application of the wage system and its consequences on the application of the principle of equal remuneration for men and women workers for work which may be of a different nature but which is of equal value.

The Committee hopes that the Government will supply the information requested on this point in its next report.

3. The Committee would be grateful if the Government would supply information on cases in which the principle of equal remuneration for work of equal value has not been respected, as reported by labour inspectors, and the measures which have been taken or are envisaged in order to promote the application, in law and in practice, of the principle set out in the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied in the Government's report in reply to its previous direct requests and the attached copies of legal texts and regulations.

1. The Committee notes that the statistics on wages published in the Algerian Statistics Directory No. 12 (1983-84), which showed that the average monthly wage of women was much lower than that of men for certain categories of workers, are no longer applicable since the implementation, in 1985, of the national system of objective evaluation of jobs which had been adopted in 1980 in order put an end to unjustified wage differentials. The Committee would be grateful if the Government would supply recent information in its next report in order to permit it to assess the manner in which the principle of equality of remuneration for work of equal value, as set out in the various laws and decrees supplied with the reports, is applied in practice, and particularly: (i) the wage scales in force in the public sector under the General Conditions of Service of the Public Service and the specific conditions of service of public and semi-public institutions, with an indication of the proportion of men and women employed at the various levels; (ii) the wage levels established by collective agreements or by other methods in various sectors of activity, indicating if possible the percentage of women covered by these collective agreements and the distribution of men and women employed at the various levels.

2. The Committee notes that the report does not reply to paragraph 1 of its previous request, which read as follows:

With reference to its previous request, the Committee notes the Government's statement that the implementation of the wage system has had convincing results. However, a number of practical problems have arisen which are mainly related to the sub-classification of certain jobs and insufficient differentials. In order to remedy these insufficiencies, appeal machinery has been established, since 1986, in each ministerial department and in the units and enterprises for which they are responsible. The process of re-evaluating jobs concerned 105 jobs, a list of which has been supplied with the report. The Committee requests the Government to indicate the number and nature of the jobs filled by women in the 105 jobs which were re-evaluated, and the progress achieved as a result of the application of the wage system and its consequences on the application of the principle of equal remuneration for men and women workers for work which may be of a different nature but which is of equal value.

The Committee hopes that the Government will supply the information requested on this point in its next report.

3. The Committee would be grateful if the Government would supply information on cases in which the principle of equal remuneration for work of equal value has not been respected, as reported by labour inspectors, and the measures which have been taken or are envisaged in order to promote the application, in law and in practice, of the principle set out in the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous request, the Committee notes the Government's statement that the implementation of the wage system has had convincing results. However, a number of practical problems have arisen which are mainly related to the sub-classification of certain jobs and insufficient differentials. In order to remedy these insufficiencies, appeal machinery has been established, since 1986, in each ministerial department and in the units and enterprises for which they are responsible. The process of re-evaluating jobs concerned 105 jobs, a list of which has been supplied with the report. The Committee requests the Government to indicate the number and nature of the jobs filled by women in the 105 jobs that were re-evaluated, and the progress achieved as a result of the application of the wage system and its consequences on the application of the principle of equal remuneration for men and women workers for work which may be of a different nature but which is of equal value.

2. In its previous comments, the Committee noted, from the latest available statistics and the information supplied by the Government in connection with Convention No. 63, that the situation of women employees remained less favourable than that of men. It appears that women constitute a very low percentage of the workforce, at around 15 per cent and, according to the Government, they are concentrated in the manufacturing industries, for the most part textiles, and in service activities (administration, social services). The official statistics of average monthly wages (Algerian Statistics Directory No. 12, 1983-84 - National Statistics Office) in the textile industry, for example, reveal that the average monthly wage of women is much lower than that of men and it appears that, at the same skills level, women's salaries reach a comparable level to those of men only in the executive and high-level technician categories. The Committee notes that the Government's report does not contain a reply to these comments. It is therefore bound to request the Government once again to indicate any measure that is contemplated or has been adopted to give effect in practice to the principle of the Convention.

3. The Committee notes Decree No. 88-221 of 2 November 1988 issuing conditions for the payment of productivity bonuses and measures to link wages to production, Executive Decree No. 89-119 of 11 July issuing model terms and conditions of service for workers in the construction, public works and water sectors, and Decree No. 89-122 of 18 July 1989 issuing the specific terms and conditions of service of workers in the teaching and higher education services, which were referred to by the Government in its report. The Committee would be grateful if the Government would supply copies of the texts of the above Decrees.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. With reference to its previous request, the Committee notes the Government's statement that the implementation of the wage system has had convincing results. However, a number of practical problems have arisen which are mainly related to the sub-classification of certain jobs and insufficient differentials. In order to remedy these insufficiencies, appeal machinery has been established, since 1986, in each ministerial department and in the units and enterprises for which they are responsible. The process of re-evaluating jobs concerned 105 jobs, a list of which has been supplied with the report. The Committee requests the Government to indicate the number and nature of the jobs filled by women in the 105 jobs that were re-evaluated, and the progress achieved as a result of the application of the wage system and its consequences on the application of the principle of equal remuneration for men and women workers for work which may be of a different nature but which is of equal value.

2. In its previous comments, the Committee noted, from the latest available statistics and the information supplied by the Government in connection with Convention No. 63, that the situation of women employees remained less favourable than that of men. It appears that women constitute a very low percentage of the workforce, at around 15 per cent and, according to the Government, they are concentrated in the manufacturing industries, for the most part textiles, and in service activities (administration, social services). The official statistics of average monthly wages (Algerian Statistics Directory No. 12, 1983-84 - National Statistics Office) in the textile industry, for example, reveal that the average monthly wage of women is much lower than that of men and it appears that, at the same skills level, women's salaries reach a comparable level to those of men only in the executive and high-level technician categories. The Committee notes that the Government's report does not contain a reply to these comments. It is therefore bound to request the Government once again to indicate any measure that is contemplated or has been adopted to give effect in practice to the principle of the Convention.

3. The Committee notes Decree No. 88-221 of 2 November 1988 issuing conditions for the payment of productivity bonuses and measures to link wages to production, Executive Decree No. 89-119 of 11 July issuing model terms and conditions of service for workers in the construction, public works and water sectors, and Decree No. 89-122 of 18 July 1989 issuing the specific terms and conditions of service of workers in the teaching and higher education services, which were referred to by the Government in its report. The Committee would be grateful if the Government would supply copies of the texts of the above Decrees.

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