Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. The Committee recalls its previous comments in which it had requested the Government to address the discrepancy between the wording of section 31 of the Labour Code, 1970, prohibiting wage discrimination between men and women if “the nature and the circumstances of the work are the same”, and section 91 of the Code stating that all texts regulating employment shall apply to women and young persons without discrimination for work of equal value. The Committee notes the Government’s statement that the wording of section 31 has been replaced by “work of equal value” in the new draft Labour Code, which it understands is before the General People’s Congress for its review. The Committee hopes that the new Labour Code will provide more clearly for equal remuneration for men and women for work of equal value, and asks the Government to provide a copy of the new text, once it has been adopted.

Article 2. Application of the principle in the public service. The Committee recalls its previous comments in which it pointed to the need for information, including statistics, demonstrating how the principle of equal remuneration for men and women for work of equal value was applied in practice in the public service. The Committee notes the Government’s reply that any female or male employee holding a specific position and grade will be assigned the salary and additional allowances for that position without discrimination, and that women have access to a variety of jobs, including managerial and executive positions. While appreciating the statistical data provided by the Government on the percentage of men (68.3 per cent) and women (31.7 per cent) workers in the public and private sectors, the Committee notes that this data does not permit an adequate assessment of the distribution of men and women in the public service nor of the nature, extent and causes of any pay differentials that may exist. The Committee therefore asks the Government to take steps to collect and provide statistical information on the number of men and women employed in the public service at the various wage levels and grades covered by Act No. 15 of 1981, as well as any other information demonstrating how the principle of the Convention is applied, in practice, in the public service.

Application of the principle of equal remuneration to part-time work. The Committee recalls its previous comments in which it noted that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applied only to women. In the absence of any further information on this point, the Committee reiterates its request to the Government to indicate the measures taken to ensure that part-time employment is not disproportionately unde‑remunerated in relation to full-time employment. Please also provide updated statistical information on the levels of remuneration of women working part time in the various economic sectors as compared to full-time male and female employees working in the same sectors.

Application of the principle to foreign workers. The Committee notes that the Government’s report does not contain any reply to its previous requests concerning the application of the principle to non-nationals, in law and in practice. The Committee therefore reiterates its previous requests to the Government to:

(i)    consider amending section 12 of Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings, with a view to bringing the law into conformity with the practice and to ensure that foreign women workers and their families are not discriminated against with respect to employment-related benefits; and

(ii)   provide statistics disaggregated by sex on the grades and wages of non‑nationals or, in the absence of such statistics, provide information on the measures taken to collect sex-disaggregated statistics on the wages paid to foreign workers in the various occupational sectors.

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

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that section 31 of the Labour Code No. 58 of 1970 provides that an employer shall not discriminate between men and women as to wages if “the nature and the circumstances of the work are the same”. The Committee points out that “work that is the same nature or undertaken in the same circumstances” is narrower than the notion of work of equal value provided for in the Convention. However, it also notes that section 91 of the Code provides that all texts regulating the employment of workers shall apply to women and young persons without discrimination for work of equal value. Given the discrepancy in the wording of the two provisions, the Committee refers to its general observation of 2006 in which it underscores and clarifies the meaning of “work of equal value”. It asks the Government to clarify this ambiguity in its legislation, and to consider amending the legislation so as to provide more clearly for equal remuneration for men and women in situations where they perform different work but that is nevertheless of equal value.

2. Article 2. Application of the principle in the public service. With reference to its previous comments on the application of the principle of the Convention in the public service, the Committee notes the Government’s reply that section 1 of Act No. 15 of 1981, provides that the “system of salaries for national employees … aims to confirm the principle of equal wages for work and tasks of equal value. Such work and tasks of equal value apply to men and women alike”. The Government further indicates that the wages for each of the categories covered by Act No. 15 of 1981 are granted to both female and male employees, in accordance with their grade, without discrimination. Furthermore, Decision No. 1341 of 1981, as amended by Decision No. 1075 of 1990 on the rules for the appointment of workers reiterates the requirement of equality of wages between men and women as provided by the Act. While noting this information on the legislative provisions applying the principle of the Convention, the Committee is nevertheless still lacking information demonstrating how the principle of equal remuneration for men and women for work of equal value is ensured in the public sector also in practice. Since one of the causes of pay differentials between men and women is occupational segregation of women into lower paying occupations and positions without promotion opportunities, it is important to collect statistical information on the distribution of men and women in these occupations and positions in order to permit an adequate evaluation of the nature, extent and causes of existing pay differentials. The Committee therefore asks the Government to include, in its next report, statistical information on the distribution of men and women under the various wage schedules and grades covered by Act No. 15 of 1985, as well as any other information demonstrating how the principle of equal remuneration for work of equal value is applied in practice in the public service.

3. Application of the principle of equal remuneration to part-time work. The Committee notes the Government’s confirmation that the part-time work system regulated by the Decision of the People’s Congress No. 164 of 1985 applies only to women. In its previous comments, the Committee had pointed out that in situations where part-time workers are mostly or exclusively women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee asks the Government to indicate the measures taken to ensure that part-time employment is not disproportionately under-remunerated in relation to full-time employment. Please also provide updated statistical information on the levels of remuneration of women working part-time in the various economic sectors as compared to full-time male and female employees working in the same sectors.

4. Application of the principle to foreign workers. With regard to its previous comments on the application of section 12 of the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings, which provides that a foreign worker is entitled to a travel allowance and annual home leave for “himself, his wife and his children ...”, the Committee notes the Government’s statement that the decisions and  regulations apply to all workers, without exception. The Committee asks the Government to consider amending section 12 to bring the law in accordance with practice and to ensure that foreign women workers and their families are not discriminated against with respect to such employment-related benefits.

5. The Committee notes the statistics on grades and wages of non-national employees and officials in the education and health sector, as well as on the salaries of teachers with foreign contracts. It notes, however, that similar to the statistics previously provided, these are not disaggregated by sex, which makes it difficult for the Committee to assess where men and women find themselves in the various wage scales. Recalling once again its general observation of 1998, it hopes that the Government will be in a position to provide such disaggregated statistics in its next report or, in absence of such statistics, will provide information on the measures taken to collect sex disaggregated statistics on the wages paid to foreign workers in the various occupational sectors.

6. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that the Code is currently being redrafted in order to be submitted again to the People’s Congress. It hopes that progress will soon be made in the preparation and adoption of the revised Code and that a copy will be sent to the Office as soon as it is promulgated.

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

The Committee notes with regret 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. For a number of years, the Committee has asked the Government to provide information on how the public sector unified wage system, introduced by Act No. 15 of 1981, ensures the application of the principle set out in Article 2 of the Convention. In this regard, the Committee notes the legislation provided by the Government, in particular the Wages Act No. 15 of 1981 and the Decision of the People’s Congress, No. 164 of 1985 on the Employment of Arab Libyan Women which primarily regulates the conditions of women under the part-time work system. While noting that the Government replies to some points raised in the Committee’s previous comments, most of the information is of a very general nature and does not enable the Committee to assess the manner in which the unified wage system ensures equal remuneration for men and women workers for work of equal value in the public service. The Committee asks the Government once again to supply detailed information on the application of the principle set out in Article 2 of the Convention in the public service, and trusts that the Government’s next report will include the statistics requested, disaggregated by sex.

2. The Committee notes that the Decision of the People’s Congress, No. 164 of 1985 primarily regulates the conditions, including remuneration and promotion, of women working under the part-time system and provides for childcare facilities in care houses or at enterprise level for mothers working in administrative, service and production services. While appreciating that the provisions of part-time work for women may contribute to improving the conditions of employment of these and to promoting equality of opportunity and treatment in general, the Committee, nevertheless, wishes to point out that in situations where part-time workers are mostly women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee would be grateful if the Government could indicate whether the part-time system also applies to male workers, and to provide updated statistical information on the extent to which male and female employees are hired on a part-time basis in the various economic sectors as well as on their levels of remuneration as compared to full-time employees.

3. With regard to the situation of foreign workers, the Committee notes the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings. It notes that pursuant to section 12 of this Decision a foreign worker is entitled to a travel allowance and annual home leave for "himself, his wife and his children ...". The Committee asks the Government to indicate whether this provision also applies to foreign women workers and whether any action is being taken or contemplated, including the possible amendment of section 12, to ensure that foreign women workers and their families are not discriminated against in respect of such employment-related benefits. The Committee notes that the information provided by the Government on the wages paid to foreign workers according to their years of experience, educational and skills levels is not disaggregated by sex. It refers to its general observation of 1998 and hopes that the Government will be in a position to provide such disaggregated statistics in its next report.

4. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that a copy of the revised Code will be sent to the Office as soon as it is promulgated.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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. For a number of years, the Committee has asked the Government to provide information on how the public sector unified wage system, introduced by Act No. 15 of 1981, ensures the application of the principle set out in Article 2 of the Convention. In this regard, the Committee notes the legislation provided by the Government, in particular the Wages Act No. 15 of 1981 and the Decision of the People’s Congress, No. 164 of 1985 on the Employment of Arab Libyan Women which primarily regulates the conditions of women under the part-time work system. While noting that the Government replies to some points raised in the Committee’s previous comments, most of the information is of a very general nature and does not enable the Committee to assess the manner in which the unified wage system ensures equal remuneration for men and women workers for work of equal value in the public service. The Committee asks the Government once again to supply detailed information on the application of the principle set out in Article 2 of the Convention in the public service, and trusts that the Government’s next report will include the statistics requested, disaggregated by sex.

2. The Committee notes that the Decision of the People’s Congress, No. 164 of 1985 primarily regulates the conditions, including remuneration and promotion, of women working under the part-time system and provides for childcare facilities in care houses or at enterprise level for mothers working in administrative, service and production services. While appreciating that the provisions of part-time work for women may contribute to improving the conditions of employment of these and to promoting equality of opportunity and treatment in general, the Committee, nevertheless, wishes to point out that in situations where part-time workers are mostly women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee would be grateful if the Government could indicate whether the part-time system also applies to male workers, and to provide updated statistical information on the extent to which male and female employees are hired on a part-time basis in the various economic sectors as well as on their levels of remuneration as compared to full-time employees.

3. With regard to the situation of foreign workers, the Committee notes the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings. It notes that pursuant to section 12 of this Decision a foreign worker is entitled to a travel allowance and annual home leave for "himself, his wife and his children ...". The Committee asks the Government to indicate whether this provision also applies to foreign women workers and whether any action is being taken or contemplated, including the possible amendment of section 12, to ensure that foreign women workers and their families are not discriminated against in respect of such employment-related benefits. The Committee notes that the information provided by the Government on the wages paid to foreign workers according to their years of experience, educational and skills levels is not disaggregated by sex. It refers to its general observation of 1998 and hopes that the Government will be in a position to provide such disaggregated statistics in its next report.

4. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that a copy of the revised Code will be sent to the Office as soon as it is promulgated.

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

The Committee notes the Government’s report and asks the Government to provide information on the following points.

1. For a number of years, the Committee has asked the Government to provide information on how the public sector unified wage system, introduced by Act No. 15 of 1981, ensures the application of the principle set out in Article 2 of the Convention. In this regard, the Committee notes the legislation provided by the Government, in particular the Wages Act No. 15 of 1981 and the Decision of the People’s Congress, No. 164 of 1985 on the Employment of Arab Libyan Women which primarily regulates the conditions of women under the part-time work system. While noting that the Government replies to some points raised in the Committee’s previous comments, most of the information is of a very general nature and does not enable the Committee to assess the manner in which the unified wage system ensures equal remuneration for men and women workers for work of equal value in the public service. The Committee asks the Government once again to supply detailed information on the application of the principle set out in Article 2 of the Convention in the public service, and trusts that the Government’s next report will include the statistics requested, disaggregated by sex.

2. The Committee notes that the Decision of the People’s Congress, No. 164 of 1985 primarily regulates the conditions, including remuneration and promotion, of women working under the part-time system and provides for child-care facilities in care houses or at enterprise level for mothers working in administrative, service and production services. While appreciating that the provisions of part-time work for women may contribute to improving the conditions of employment of these and to promoting equality of opportunity and treatment in general, the Committee, nevertheless, wishes to point out that in situations where part-time workers are mostly women, a generally lower level of remuneration for part-timers may have an adverse impact on the overall wage gap between men and women. The Committee would be grateful if the Government could indicate whether the part-time system also applies to male workers, and to provide updated statistical information on the extent to which male and female employees are hired on a part-time basis in the various economic sectors as well as on their levels of remuneration as compared to full time employees.

3. With regard to the situation of foreign workers, the Committee notes the Decision of the General People’s Congress No. 628 of 1988 on the promulgation of regulations on the employment of non-national employees in enterprises and public undertakings. It notes that pursuant to section 12 of this Decision a foreign worker is entitled to a travel allowance and annual home leave for "himself, his wife and his children ...". The Committee asks the Government to indicate whether this provision also applies to foreign women workers and whether any action is being taken or contemplated, including the possible amendment of section 12, to ensure that foreign women workers and their families are not discriminated against in respect of such employment-related benefits. The Committee notes that the information provided by the Government on the wages paid to foreign workers according to their years of experience, educational and skills levels is not disaggregated by sex. It refers to its general observation of 1998 and hopes that the Government will be in a position to provide such disaggregated statistics in its next report.

4. With regard to the amendment of section 1 of the Labour Code (Act No. 58 of 1970) concerning persons involved in pastoral and agricultural activities, the Committee notes the Government’s statement that a copy of the revised Code will be sent to the Office as soon as it is promulgated.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes from the information provided by the Government that the amendment to section 1 of the Labour Code (Act No. 58 of 1970), which in its current wording excludes persons involved in pastoral and agricultural activities from the coverage of the Code, has still not been adopted. Noting that the Government undertakes to send a copy of the revised Labour Code once the above amendment has been adopted, the Committee looks forward to receiving the text with the Government’s next report.

2. The Committee notes that the Government has once again indicated that it will submit a copy of Act No. 15 of 1981 respecting the unified wage system in the public sector. The Committee therefore hopes that the Government will indeed submit a copy of the Act with its next report and that it will also provide information on how the public sector wage system ensures the application of the principle of equal remuneration set out in Article 2 of the Convention. It also asks the Government to supply information on the numbers of men and women in public service, the positions they hold and corresponding wage levels and benefits.

3. With regard to the situation of foreign workers, the Committee notes the Government’s statement in its report that special regulations have been adopted, applicable to foreign men and women workers, with a view to applying the principle of equal remuneration for work of equal value. The Committee therefore asks the Government to provide a copy of these regulations with its next report. It also asks the Government to supply information on the manner, in practice, in which the principle of equal remuneration for men and women workers for work of equal value is applied to foreign workers in the private sector.

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

1.  The Committee notes from the information in the Government’s report that steps have been taken to amend section 1 of the Labour Code (Act No. 58 of 1970) - which excludes persons involved in pastoral and agricultural activities from the coverage of the Code - to bring it into greater conformity with the Convention. It requests the Government to provide more detailed information in this respect in its next report. Please also provide a copy of the amended Code.

2.  The Committee notes, however, that the report does not provide information on other matters raised in its previous direct request. It hopes that a report will be supplied for examined by the Committee at its next session and that it will contain full information on the following matters.

1.  With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government’s statement that it was introduced following the objective evaluation of jobs and using scientific criteria, after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2.  Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received for the fourth consecutive year. 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 following matters raised in its previous direct request:

1. The Committee notes with interest that, in reply to its request for information on how the principle of the Convention is applied to persons excluded from the Labour Code (section 1: persons involved in pastoral and agricultural activities), the Government states that the national tripartite technical committee has recommended the amendment of section 1(c) so as to include these workers. The Committee asks the Government to inform it, in its next report, of progress on the amendment of the Labour Code so that the principle of equal remuneration covers workers in all sectors.

2. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

3. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

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

The Committee notes with regret 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 with interest that, in reply to its request for information on how the principle of the Convention is applied to persons excluded from the Labour Code (section 1: persons involved in pastoral and agricultural activities), the Government states that the national tripartite technical committee has recommended the amendment of section 1(c) so as to include these workers. The Committee asks the Government to inform it, in its next report, of progress on the amendment of the Labour Code so that the principle of equal remuneration covers workers in all sectors.

2. The Committee notes that the Government's report contains no reply to the remainder of its previous comments. It must therefore repeat its previous direct request which read as follows:

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

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

The Committee notes with regret 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 with interest that, in reply to its request for information on how the principle of the Convention is applied to persons excluded from the Labour Code (section 1: persons involved in pastoral and agricultural activities), the Government states that the national tripartite technical committee has recommended the amendment of section 1(c) so as to include these workers. The Committee asks the Government to inform it, in its next report, of progress on the amendment of the Labour Code so that the principle of equal remuneration covers workers in all sectors.

2. The Committee notes that the Government's report contains no reply to the remainder of its previous comments. It must therefore repeat its previous direct request which read as follows:

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

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 with interest that, in reply to its request for information on how the principle of the Convention is applied to persons excluded from the Labour Code (section 1: persons involved in pastoral and agricultural activities), the Government states that the national tripartite technical committee has recommended the amendment of section 1(c) so as to include these workers. The Committee asks the Government to inform it, in its next report, of progress on the amendment of the Labour Code so that the principle of equal remuneration covers workers in all sectors.

2. The Committee notes that the Government's report contains no reply to the remainder of its previous comments. It must therefore repeat its previous direct request which read as follows:

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

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

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 the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

3. As regards the situation of workers in the agricultural sector and domestic service who are not covered by the 1970 Labour Code, the Committee notes that, according to the Government, the agricultural sector is covered by the legislation and there is no discrimination between the sexes, taking into consideration the special nature of women and their capacity for work. The Committee also notes the Government's statement that domestic workers employed through a company of domestic service are covered by Act No. 15 and thus no distinction is made between men and women.

The Committee must point out to the Government that section 1 of the 1970 Code excludes from its coverage persons occupied in pastoral and agricultural activities, and that the Committee has been seeking information on how the principle of equal remuneration is thus applied to them for over 20 years. In view of the Government's current statement, the Committee asks it to supply up-to-date information on the wages paid to men and women in the agricultural and pastoral sector, through minimum wage-fixing machinery, and the actual earnings above that minimum. The Committee refers the Government in this connection to paragraph 253 of its 1986 General Survey on Equal Remuneration, where it states that "It is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided".

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest that, in reply to its request for information on how the principle of the Convention is applied to persons excluded from the Labour Code (section 1: persons involved in pastoral and agricultural activities), the Government states that the national tripartite technical committee has recommended the amendment of section 1(c) so as to include these workers. The Committee asks the Government to inform it, in its next report, of progress on the amendment of the Labour Code so that the principle of equal remuneration covers workers in all sectors.

2. The Committee notes that the Government's report contains no reply to the remainder of its previous comments. It must therefore repeat its previous direct request which read as follows:

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

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

Referring to its previous direct requests, the Committee notes the information contained in the Government's report.

1. With reference to the practical application of the public sector unified wage system, introduced by Act No. 15 of 1981, the Committee notes the Government's statement that it was introduced following the objective evaluation of jobs and using scientific criteria and after much study and research. Noting that the Government has still not provided a copy of the regulations issued under the Act and provides merely general statistics on the workforce participation of women (17 per cent in 1990), the Committee again asks the Government to provide information on how the public sector wage system ensures the application of the principle set out in Article 2 of the Convention.

2. Regarding the application of the principle of the Convention to foreign male and female workers who are not covered by Act No. 15 of 1981, the Committee notes that, according to the Government, the regulations covering them are in the process of being revised so as to adapt to changes in the standard of living and scientific developments. Noting that the Government undertakes to send a copy of the revised regulations once adopted, the Committee looks forward to receiving these texts with its next report.

3. As regards the situation of workers in the agricultural sector and domestic service who are not covered by the 1970 Labour Code, the Committee notes that, according to the Government, the agricultural sector is covered by the legislation and there is no discrimination between the sexes, taking into consideration the special nature of women and their capacity for work. The Committee also notes the Government's statement that domestic workers employed through a company of domestic service are covered by Act No. 15 and thus no distinction is made between men and women.

The Committee must point out to the Government that section 1 of the 1970 Code excludes from its coverage persons occupied in pastoral and agricultural activities, and that the Committee has been seeking information on how the principle of equal remuneration is thus applied to them for over 20 years. In view of the Government's current statement, the Committee asks it to supply up-to-date information on the wages paid to men and women in the agricultural and pastoral sector, through minimum wage-fixing machinery, and the actual earnings above that minimum. The Committee refers the Government in this connection to paragraph 253 of its 1986 General Survey on Equal Remuneration, where it states that "It is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided".

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

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee noted that Act No. 15 of 1981 established a unified wage system applicable to workers employed in public services and in state enterprises, institutions and bodies. Under section 1 of the Act the principle of equality of remuneration is to be applied as a function of equal work and responsibilities, while taking into account the fundamental needs of the persons concerned, and wage rates will be determined on the basis of productivity rates, in accordance with the general rules set out in the regulations issued under the Act. The Committee requested the Government to supply detailed information on the practical effect given to section 1 of the Act and to indicate in particular, (a) if the wages appearing in the various tables annexed to Act No. 15 of 1981 were established following an objective appraisal of jobs on the basis of the work to be performed and, (b) the number and nature of jobs filled by women in the public services and in the enterprises and bodies covered by the Act. The Committee requested the Government to indicate how practical effect is given to the principle of equality of remuneration in cases where men and women perform work of a different character but of equal value. It also asked the Government to supply a copy of the regulations issued under the Act.

The Committee notes the Government's statement that a certain number of performance criteria were established in several sectors such as education, health and commerce, and that in other activities, criteria will also be fixed.

The Committee requests the Government to provide detailed information on the performance criteria used in the education, health and commercial sectors and, on any criteria fixed to establish wage levels in other activities. It again requests the Government to indicate the number and nature of jobs filled by women in the public service and in enterprises and bodies covered by the Act, and to provide a copy of the regulations passed under the Act.

2. In its previous direct request, the Committee noted that Act No. 15 of 1981 establishing a unified wage system for workers employed in public services and in state enterprises, institutions and bodies applies only to nationals; it asked the Government to indicate whether foreign workers (men and women) can be employed in state enterprises, and if so, to supply information on the legal provisions applicable to them, particularly with regard to equality of remuneration between men and women for work of equal value.

The Committee notes the Government's indication that although the rules relating to the employment of civil servants provide for regular periodic review of remuneration, the salaries and indemnities of foreign labourers remain higher than those of national workers provided for in Law No. 15 of 1981. The Committee must point out that the principle of the Convention applies to all remuneration paid by the employer to the worker, including any amounts paid in excess of legal rates. The Committee accordingly again requests the Government to indicate how equality of remuneration between foreign men and women workers for work of equal value is promoted or (in the case of persons employed by state enterprises) ensured.

3. The Committee again requests the Government to supply information on measures taken to promote the implementation of the principle of equality of remuneration in production sectors, and particularly the agricultural sector which is not covered by the Labour Code of 1970.

4. The Committee again requests the Government to provide information on the way in which the principle of equality of remuneration for work of equal value is promoted with regard to workers in domestic service, who are also excluded from the scope of the Labour Code.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret 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. In its previous comments, the Committee noted that Act No. 15 of 1981 established a unified wage system applied to workers employed in public services and in state enterprises, institutions and bodies. Under section 1 of the Act the principle of equality of remuneration is to be applied as a function of equal work and responsibilities, while taking into account the fundamental needs of the persons concerned, and wage rates will be determined on the basis of productivity rates, in accordance with the general rules set out in the regulations issued under the Act. The Committee requested the Government to supply detailed information on the practical effect given to section 1 of the Act and to indicate in particular, (a) if the wages appearing in the various tables annexed to Act No. 15 of 1981 were established following an objective appraisal of jobs on the basis of the work to be performed and, (b) the number and nature of jobs filled by women in the public services and in the enterprises and bodies covered by the Act. The Committee requested the Government to indicate how practical effect is given to the principle of equality of remuneration in cases where men and women perform work of a different character but of equal value. It also asked the Government to supply a copy of the regulations issued under the Act.

The Committee notes the Government's statement that a certain number of performance criteria were established in several sectors such as education, health and commerce, and that in other activities, criteria will also be fixed.

The Committee requests the Government to provide detailed information on the performance criteria used in the education, health and commercial sectors and, on any criteria fixed to establish wage levels in other activities. It again requests the Government to indicate the number and nature of jobs filled by women in the public service and in enterprises and bodies covered by the Act, and to provide a copy of the regulations passed under the Act.

2. In its previous direct request, the Committee noted that Act No. 15 of 1981 establishing a unified wage system for workers employed in public services and in state enterprises, institutions and bodies applies only to nationals; it asked the Government to indicate whether foreign workers (men and women) can be employed in state enterprises, and if so, to supply information on the legal provisions applicable to them, particularly with regard to equality of remuneration between men and women for work of equal value.

The Committee notes the Government's indication that although the rules relating to the employment of civil servants provide for regular periodic review of remuneration, the salaries and indemnities of foreign labourers remain higher than those of national workers provided for in Law No. 15 of 1981. The Committee must point out that the principle of the Convention applies to all remuneration paid by the employer to the worker, including any amounts paid in excess of legal rates. The Committee accordingly again requests the Government to indicate how equality of remuneration between foreign men and women workers for work of equal value is promoted or (in the case of persons employed by state enterprises) ensured.

3. The Committee again requests the Government to supply information on measures taken to promote the implementation of the principle of equality of remuneration in production sectors, and particularly the agricultural sector which is not covered by the Labour Code of 1970.

4. The Committee again requests the Government to provide information on the way in which the principle of equality of remuneration for work of equal value is promoted with regard to workers in domestic service, who are also excluded from the scope of the Labour Code.

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

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. In its previous comments, the Committee noted that Act No. 15 of 1981 established a unified wage system applied to workers employed in public services and in state enterprises, institutions and bodies. Under section 1 of the Act the principle of equality of remuneration is to be applied as a function of equal work and responsibilities, while taking into account the fundamental needs of the persons concerned, and wage rates will be determined on the basis of productivity rates, in accordance with the general rules set out in the regulations issued under the Act. The Committee requested the Government to supply detailed information on the practical effect given to section 1 of the Act and to indicate in particular, (a) if the wages appearing in the various tables annexed to Act No. 15 of 1981 were established following an objective appraisal of jobs on the basis of the work to be performed and, (b) the number and nature of jobs filled by women in the public services and in the enterprises and bodies covered by the Act. The Committee requested the Government to indicate how practical effect is given to the principle of equality of remuneration in cases where men and women perform work of a different character but of equal value. It also asked the Government to supply a copy of the regulations issued under the Act.

The Committee notes the Government's statement that a certain number of performance criteria were established in several sectors such as education, health and commerce, and that in other activities, criteria will also be fixed.

The Committee requests the Government to provide detailed information on the performance criteria used in the education, health and commercial sectors and, on any criteria fixed to establish wage levels in other activities. It again requests the Government to indicate the number and nature of jobs filled by women in the public service and in enterprises and bodies covered by the Act, and to provide a copy of the regulations passed under the Act.

2. In its previous direct request, the Committee noted that Act No. 15 of 1981 establishing a unified wage system for workers employed in public services and in state enterprises, institutions and bodies applies only to nationals; it asked the Government to indicate whether foreign workers (men and women) can be employed in state enterprises, and if so, to supply information on the legal provisions applicable to them, particularly with regard to equality of remuneration between men and women for work of equal value.

The Committee notes the Government's indication that although the rules relating to the employment of civil servants provide for regular periodic review of remuneration, the salaries and indemnities of foreign labourers remain higher than those of national workers provided for in Law No. 15 of 1981. The Committee must point out that the principle of the Convention applies to all remuneration paid by the employer to the worker, including any amounts paid in excess of legal rates. The Committee accordingly again requests the Government to indicate how equality of remuneration between foreign men and women workers for work of equal value is promoted or (in the case of persons employed by state enterprises) ensured.

3. The Committee again requests the Government to supply information on measures taken to promote the implementation of the principle of equality of remuneration in production sectors, and particularly the agricultural sector which is not covered by the Labour Code of 1970.

4. The Committee again requests the Government to provide information on the way in which the principle of equality of remuneration for work of equal value is promoted with regard to workers in domestic service, who are also excluded from the scope of the Labour Code.