Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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:

Articles 1 and 2 of the Convention. Application in practice in the public and private sectors. The Committee notes the Government’s indication that the wage scale in the public sector and the respective provisions of the collective agreements in the private sector apply equally to men and women. However, the Committee considers that this is not sufficient to ensure that full effect is given to the Convention. Drawing the Government’s attention to its general observation of 2006, the Committee wishes to emphasize once again that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This broad scope of “equal value” is all the more important in that inequality of wages is often the consequence of occupational sex segregation, resulting in the concentration of women in a limited range of occupations. The statistical data provided by the Government in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), do indeed demonstrate a concentration of women in certain sectors, such as the service sector, and their low rate of representation in positions of responsibility. In this respect, the Committee emphasizes the importance of comparing the value of the different types of work on the basis of criteria that are objective and non-discriminatory, such as the skills required, effort, responsibility and conditions of work, so as to determine the respective remuneration rates in accordance with the principle of the Convention. With regard to the issue of occupational segregation, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to do the following:

(i)    to supply updated statistical data, disaggregated by sex on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;

(ii)   to provide information on the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective appraisal of jobs; and

(iii)  to indicate specifically the manner in which it is collaborating with the social partners, including in the context of the National Social Dialogue Commission, with a view to giving full effect to the provisions of the Convention, and promoting compliance in collective agreements with the principle of equal remuneration for men and women for work of equal value. The Committee would be grateful if the Government would provide copies of collective agreements applying the principle of the Convention.

Equal remuneration in the agricultural sector. The Committee recalls its previous comments concerning cases of unequal wages recorded by the labour inspectorate in the agricultural sector in 2004 and 2005. It notes the Government’s indication that the regulations determining the minimum wage do not make a distinction between men and women. The Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Parts III to V of the report form. The Committee asks the Government to provide information on violations of the principle set out in the Convention identified by labour inspectors, the penalties imposed and the remedies applied. Please also provide information on any court decisions relating to the application of the principle of the Convention and on any measures taken or envisaged to promote knowledge and understanding of the principle of equal remuneration for work of equal value.

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

Articles 1 and 2 of the Convention. Application in practice in the public and private sectors. The Committee notes the Government’s indication that the wage scale in the public sector and the respective provisions of the collective agreements in the private sector apply equally to men and women. However, the Committee considers that this is not sufficient to ensure that full effect is given to the Convention. Drawing the Government’s attention to its general observation of 2006, the Committee wishes to emphasize once again that the concept of “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This broad scope of “equal value” is all the more important in that inequality of wages is often the consequence of occupational sex segregation, resulting in the concentration of women in a limited range of occupations. The statistical data provided by the Government in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), do indeed demonstrate a concentration of women in certain sectors, such as the service sector, and their low rate of representation in positions of responsibility. In this respect, the Committee emphasizes the importance of comparing the value of the different types of work on the basis of criteria that are objective and non-discriminatory, such as the skills required, effort, responsibility and conditions of work, so as to determine the respective remuneration rates in accordance with the principle of the Convention. With regard to the issue of occupational segregation, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to do the following:

(i)    to supply updated statistical data, disaggregated by sex on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;

(ii)   to provide information on the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective appraisal of jobs; and

(iii) to indicate specifically the manner in which it is collaborating with the social partners, including in the context of the National Social Dialogue Commission, with a view to giving full effect to the provisions of the Convention, and promoting compliance in collective agreements with the principle of equal remuneration for men and women for work of equal value. The Committee would be grateful if the Government would provide copies of collective agreements applying the principle of the Convention.

Equal remuneration in the agricultural sector. The Committee recalls its previous comments concerning cases of unequal wages recorded by the labour inspectorate in the agricultural sector in 2004 and 2005. It notes the Government’s indication that the regulations determining the minimum wage do not make a distinction between men and women. The Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Parts III to V of the report form. The Committee asks the Government to provide information on violations of the principle set out in the Convention identified by labour inspectors, the penalties imposed and the remedies applied. Please also provide information on any court decisions relating to the application of the principle of the Convention and on any measures taken or envisaged to promote knowledge and understanding of the principle of equal remuneration for work of equal value.

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

The Committee notes the information provided in the Government’s report as well as the information provided on the Employment Policy Convention, 1964 (No. 122), received in September 2006, that is relevant to the application of Convention No. 100.

1. Articles 1 and 2 of the Convention. Practical application in the public sector. The Committee welcomes the detailed statistics provided in the Government’s report on women in positions of responsibility in a variety of areas of the public sector including the executive and legislative branches of government, regional and local councils, the judiciary and the civil service. Overall, the Government indicates that the number of women in positions of responsibility increased modestly from 23.6 per cent in 1994 to 26.6 per cent in 2004. The Committee notes from the Government’s report that a plan of action was put in place to encourage and improve the representation of women in positions of responsibility as well as to counter stereotypical attitudes towards women through its information, education and communication strategy. With regard to equal remuneration in the public sector, the Government indicates that existing wage scales are applicable to all public employees without any distinction on the basis of sex. Recalling its previous comment on this matter, the Committee reminds the Government that the gap between men and women’s wages is not solely a result of paying men and women differently for the same work. Pay inequality may also be the result of occupational segregation where women are concentrated in jobs that tend to pay less than those traditionally occupied by men. Consequently, promoting the participation of women to levels and in areas of employment to which they had little access in practice in the past is a means of improving equality of pay between men and women. The Committee asks the Government to provide detailed information on the measures undertaken in the context of the Government’s plan of action and to indicate what impact these initiatives have had not only on the promotion of women to higher posts but also on the reduction of wage inequalities between men and women throughout the public sector. Please also continue providing information in subsequent reports on the number of women in positions of responsibility in the public sector.

2. Practical application in the private sector. The Government indicates that the principle of equality between men and women with respect to wages is enshrined in law and that the salary scales annexed to the 51 existing collective sectoral agreements define wages according to objective criteria without regard to sex. It notes that the base wages are revised every three years and that the current three-year round of salary increases extends until 2007. The Committee reminds the Government that legal protection from discrimination, while important, is not alone sufficient to promote and ensure the application of the principle of equal remuneration. Promotional action by the authorities, called for in the Convention, where this appears necessary for improving the practical application of a matter of public policy, such as equal remuneration, may need to be considered in the context of collective bargaining. The Committee asks for information on how the Government ensures in practice that collective agreements, both in their content and application, respect the principle of equal remuneration. In this respect, the Committee requests information on how the three-year wage revision process takes into account wage differentials between men and women working in different sectors of the economy. 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 of the legal requirements for the application of the principle of equal remuneration. Furthermore, noting from the Government’s report on the Employment Policy Convention, 1964 (No. 122), the continued progress with respect to education, literacy and entrepreneurial programmes for women and girls, the Committee requests information on the impact of these and any other measures taken or envisaged to reduce wage inequalities between men and women.

3. Equal remuneration in the agricultural sector. The Committee notes the dramatic increase in the number of unequal pay cases registered by the labour inspectorate in the agricultural sector in 2004 and 2005 (530 and 274, respectively, compared with seven cases in both 2002 and 2003). It notes that the employers responsible for the infractions were put on notice to remedy their offending practices and that 18 cases were submitted to the competent authorities in 2004 with an additional 27 submitted in 2005. The Committee thanks the Government for this detailed information and asks it to continue reporting on the equal pay activities of the labour inspectorate, in the agricultural sector and elsewhere, as well as on the number of reported cases and the remedies applied. It also asks the Government for information on the distribution and wages of men and women among the ordinary, specialized and qualified workers in the agricultural sector and what additional measures it is taking in this sector to reduce wage inequalities between male and female workers.

4. Part V of the report form. Statistical information. The Committee notes that, despite continued requests, the Government’s report does not contain any statistical information on the distribution of men and women in the various economic activities and occupations or their corresponding wage levels in both the rural and urban areas. With a view to assessing and understanding the wage gap between men and women, the Committee again asks the Government to provide statistical data in its next report in accordance with its 1998 general observation.

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

The Committee notes the information provided in the Government’s report on this Convention as well as the information provided on Convention No. 111 relevant to the application of Convention No. 100.

1. Articles 1 and 2 of the Convention. Practical application in the public service. Concerning the promotion of women’s access to a wider range of occupations and higher-level posts in the public sector with a view to reducing wage inequalities between men and women, the Committee notes the measures taken by the Government in 1992 and 1998 to nominate a number of women in ministerial cabinets and regional councils. It also notes that the number of women graduating from vocational training with a view to entering the public service is slowly increasing (33 per cent in 2001 and 35 per cent in 2003), but that the large majority of female graduates are still concentrated in areas such as public health (70 per cent) and education (35 per cent). The Committee welcomes the Government’s efforts to improve women’s access into higher-level posts, but would like to receive information on more recent measures taken in this regard as well as their impact on reducing wage inequalities between men and women.

2. Practical application in private sector and statistics. The Committee welcomes the various measures taken by the Government, including the progress made, to improve access of women to vocational training, education and employment in the private sector. In its previous request the Committee had pointed to the need for more up-to-date statistics on the distribution of men and women in the various economic activities and occupations and their corresponding wage levels in both the rural and urban areas. The Committee notes that the Government has omitted this information in its report. With a view to evaluating the progress achieved with regard to the impact of the abovementioned measures on the wage gap between men and women, the Committee asks the Government to provide such information in its next report in accordance with its 1998 general observation. Please also continue to provide information on any measures taken to reduce wage inequalities between men and women in the private sector.

3. Promotion of the principle of the Convention. The Committee reiterates its request to provide information on any activities taken by the National Council of Women and Family to promote the principle of equal remuneration for men and women for work of equal value in both the private and public sectors.

4. Articles 2 and 3. Wage determination and job evaluation in the private sector. With reference to its previous request on the application of Decree No. 2003-1692 of 18 August 2003 setting minimum wages for the agricultural sector, the Committee notes that the Government does not reply to its previous request for information on the distribution of men and women amongst the ordinary, specialized and qualified workers in the agricultural sector. The Government is asked to provide this information in its next report. Please also provide the requested information on the criteria used in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed.

5. Part III of the report form. Enforcement. With reference to its previous comments on the activities by the labour inspectorate in agricultural enterprises, the Committee notes that the inspection services have detected seven cases of wage discrimination between men and women in 2002 and the same number in 2003. Of those, a few have been transmitted to the competent courts. It asks the Government to continue to provide information on any violations of the Convention detected by the labour inspectorate, including the remedies applied, and to indicate the measures taken or envisaged to reduce wage inequalities between men and women in the agricultural sector. Please also supply information on any complaints filed with judicial bodies concerning unequal pay between men and women.

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

The Committee notes the Government’s report and the attached information.

1. With regard to its previous direct request concerning the distribution of men and women employees in the public service, the Committee notes that women only represent 29 per cent of the employees in the higher wage category A. The statistics also indicate that even in those ministries where the number of women employees is higher, women’s representation ranges from only 12.5 per cent (Ministry of Agriculture) to 36.3 per cent (Ministry of Justice), with the exception of the ministries of education and sciences, public health and social affairs where women represent 42.3 per cent, 49.1 per cent and 56.7 per cent of the employees respectively. The Committee asks the Government to provide information on the measures taken or envisaged to promote women’s access to a wider range of occupations and higher level and higher paid posts in the public service.

2. The Committee notes with interest Decree No. 2003-1702 of 11 August 2003 creating the National Council of Women and Family and asks the Government to provide information in its next report on any activities taken by the Council to promote the principle of equal remuneration for men and women for work of equal value in both the private and public sectors.

3. The Committee notes Decree No. 2003-1692 of 18 August 2003 setting the guaranteed minimum wage for agricultural workers. The Decree provides that, in addition to the basic minimum wage, specialized and qualified agricultural workers may receive a "technique-related bonus" (prime de technicité) and that workers employed on a task, piece rate or output basis will receive in the case of normal output a wage corresponding to the guaranteed minimum wage. The Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention and it would be grateful if the Government would supply information in its next report on the distribution of men and women within the different categories of workers (i.e. ordinary agricultural workers, specialized workers and qualified workers) in the agricultural sector.

4. The Committee notes the study on "Femmes et ville" which confirms the disparities that exist between the rural and urban employment of women, and which indicates that two thirds of the women in urban areas are employed as textile worker, domestic workers and secretaries. The Committee thanks the Government for this information but notes that although the study has been published in 2000, the statistics used date back to 1994-97, and that the Government has not given any more recent data in its latest report. It encourages the Government to undertake new studies on the employment and remuneration situation of women in both the urban and rural areas and in certain regions so as to be in a position to provide a more recent picture on any wage disparities that might exist between men and women. It refers to its 1998 general observation on this Convention detailing the type of statistical data to be collected.

5. With regard to any measures taken to address wage inequalities between men and women in their access to education, vocational training and employment, the Committee notes the Government’s statement that the fight against discrimination has become a priority in national policy and that women should benefit from all necessary measures aimed at integrating them in this process. The Committee notes in this regard the efforts undertaken by the Government to improve the literacy rates and educational levels of girls through the restructuring of the educational system and a national literacy strategy. It also notes from the information provided in reply to the Committee’s direct request addressed to the Government in 2000, under Convention No. 111, the various measures taken by the Government to enhance women’s participation in employment and vocational guidance. The Committee asks the Government to continue to provide information on the measures taken to reduce wage inequalities through access to vocational training and educational opportunities to indicate the progress achieved with regard to the application of the Convention in practice.

6. The Committee reiterates its request to the Government to provide information on the criteria used in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed.

7. As no information was included in the Government’s report on enforcement, the Committee asks the Government to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises as well as on cases of wage discrimination and the penalties and administrative measures applied.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 from the Government’s report containing statistical data on the distribution of employees in the public service that women constitute 37.22 per cent and men 62.78 per cent of public service employees. The Committee hopes that the Government will also be able to answer its direct request of 1998 and supply with the next report data on the percentage of women officials in each of the categories (from A to D) provided in the Scale of Monthly Wages sent with the report of 1998.

2. The Committee notes that Decree No. 71-285 of 2 August 1971 was repealed by Decree No. 2000-1988 of 12 September 2000, under which regional committees on agricultural work determine remuneration rates and examine the difficulties which may arise occasionally on the professional classifications of agricultural workers. The Committee reiterates the hope expressed in its direct requests in 1997 and 1998 that the Government will provide information on the remuneration rates and occupational classifications established by the committees on agricultural work.

3. The Committee notes that the Government, in response to its previous direct request, provides a list of surveys and studies conducted by the Centre de Recherches, d’Etudes, de Documentation et d’Information sur la Femme (CREDIF). The Committee asks the Government to supply a copy of "Femmes et ville" (2000) with its next report. Furthermore, considering that except for this study, all the others date back to the years 1994-97, the Committee hopes that new inquiries or surveys will be carried out on the factors preventing or promoting the implementation of Convention No. 100. In this regard the Committee considers that studies on the situation of women in rural areas and in certain regions of the country are particularly needed given the regional disparities in the country. Please also supply information on the measures taken or envisaged to address existing inequalities between women and men in their access to education, vocational training and employment. Furthermore, taking into account that throughout the country women are affected by a high percentage of illiteracy, low educational levels and low participation rates in the labour market, as well as occupational segregation in both vocational training and employment, the Committee reiterates the direct request addressed to the Government in 2000 under Convention No. 111, as formulated in paragraph 1.

4. The Committee notes that the Government’s report indicates that Tunisian enterprises do not carry out any discrimination on the basis of sex in their human resources management. In order to assess the manner in which the Convention is applied in practice, the Committee asks the Government to indicate the criteria employed in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed. Moreover, noting that the Government indicates that it will send statistics as soon as they are available, the Committee hopes to receive with the next report statistical data on the distribution of men and women at the levels of the various wage rates and, if possible, by occupation, branch of activity, seniority and level of qualification, as they were called for in the direct requests of 1997 and 1998. In this regard the Committee refers to its general observation on this Convention in 1998.

5. As already stated in its direct request in 1998, the Committee hopes that the Government will continue to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied.

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

The Committee notes the information provided by the Government and the attached documentation.

1. The Committee notes from the Government’s report containing statistical data on the distribution of employees in the public service that women constitute 37.22 per cent and men 62.78 per cent of public service employees. The Committee hopes that the Government will also be able to answer its direct request of 1998 and supply with the next report data on the percentage of women officials in each of the categories (from A to D) provided in the Scale of Monthly Wages sent with the report of 1998.

2. The Committee notes that Decree No. 71-285 of 2 August 1971 was repealed by Decree No. 2000-1988 of 12 September 2000, under which regional committees on agricultural work determine remuneration rates and examine the difficulties which may arise occasionally on the professional classifications of agricultural workers. The Committee reiterates the hope expressed in its direct requests in 1997 and 1998 that the Government will provide information on the remuneration rates and occupational classifications established by the committees on agricultural work.

3. The Committee notes that the Government, in response to its previous direct request, provides a list of surveys and studies conducted by the Centre de Recherches, d’Etudes, de Documentation et d’Information sur la Femme (CREDIF). The Committee asks the Government to supply a copy of "Femmes et ville" (2000) with its next report. Furthermore, considering that except for this study, all the others date back to the years 1994-97, the Committee hopes that new inquiries or surveys will be carried out on the factors preventing or promoting the implementation of Convention No. 100. In this regard the Committee considers that studies on the situation of women in rural areas and in certain regions of the country are particularly needed given the regional disparities in the country. Please also supply information on the measures taken or envisaged to address existing inequalities between women and men in their access to education, vocational training and employment. Furthermore, taking into account that throughout the country women are affected by a high percentage of illiteracy, low educational levels and low participation rates in the labour market, as well as occupational segregation in both vocational training and employment, the Committee reiterates the direct request addressed to the Government in 2000 under Convention No. 111, as formulated in paragraph 1.

4. The Committee notes that the Government’s report indicates that Tunisian enterprises do not carry out any discrimination on the basis of sex in their human resources management. In order to assess the manner in which the Convention is applied in practice, the Committee asks the Government to indicate the criteria employed in the private sector for the classifications of posts and determination of wages, and on measures taken to ensure that jobs are objectively appraised on the basis of the work performed. Moreover, noting that the Government indicates that it will send statistics as soon as they are available, the Committee hopes to receive with the next report statistical data on the distribution of men and women at the levels of the various wage rates and, if possible, by occupation, branch of activity, seniority and level of qualification, as they were called for in the direct requests of 1997 and 1998. In this regard the Committee refers to its general observation on this Convention in 1998.

5. As already stated in its direct request in 1998, the Committee hopes that the Government will continue to provide information on inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied.

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

The Committee notes the information provided by the Government.

1. The Committee notes that, according to the Government's report, wages above the guaranteed minimum wage, fixed by decree and applying to workers of both sexes, are determined either by direct agreement between employers and workers, by collective agreement or by decree for the sectors not covered by collective agreements. These regulations and collective agreements explicitly provide that they are applicable without distinction to workers of both sexes. The Committee notes that the principal of non-discrimination between the two sexes is also set out in section V(bis) of the Labour Code, which was added by Act No. 93-66 of 5 July 1993. Finally, it notes that supervision of compliance with the principle of equal remuneration for men and women is ensured by inspections carried out periodically or randomly by labour inspectors in agricultural enterprises. The Government also states that the eight contraventions related to wages reported by the labour inspectors do not concern violations of the principle of equal remuneration. The Committee requests the Government to continue informing it of inspections and follow-up visits made by the labour inspectorate in agricultural enterprises, as well as cases in which violations of the principle of equal remuneration are reported, and the penalties and administrative measures applied. The Committee also hopes once again, as it did in its direct request in 1997, to obtain information on the remuneration rates and occupational classifications determined by the committees on agricultural work set up under Decree No. 71/285 of 2 August 1971.

2. The Committee notes the wage scales applicable in the banking, textile, food processing, hotels and insurance sectors, which are appended to the sectoral collective agreements and apply to workers of both sexes without distinction, as well as the wage tables for public officials, which also apply without distinction to men and women. The Committee would be grateful if the Government would transmit, as soon as they are available, statistical data on the distribution of men and women at the various wage rates, and if possible by occupation, branch of activity, seniority and level of qualifications, as called for in its direct request in 1997, as well as the percentage of women officials in each category from A to D.

3. Finally, the Committee once again hopes that the Government will provide information in future reports concerning any inquiry or survey that has been undertaken or may be contemplated for the achievement of the principle of equality between men and women, and particularly measures to promote the access of girls to higher education and vocational training. This is particularly relevant information taking into account the fact that inequalities between girls and boys in education are a cause of unequal remuneration in the labour market, as illustrated by the information provided by the Government in its report for 1996 that account is taken in recruitment and occupational classifications of certain objective criteria, such as educational level, qualifications and professional experience.

4. The Committee finally requests the Government to supply information on the manner in which the principle of equal remuneration between men and women workers for work of equal value is applied in practice. It requests the Government to refer in this respect to paragraphs 19 to 21 and 141 of its General Survey on equal remuneration of 1986.

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

The Committee notes the information supplied by the Government on wage-fixing methods and the national legislation enshrining the principle of equal remuneration for men and women.

1. The Committee notes the information supplied by the Government regarding the number of visits, return visits, notices to comply and reports of infringements concerning wages, concerning agricultural enterprises in 1995. It requests the Government to indicate whether any of the eight reports of infringements made by the labour inspectors concerned infringements of the principle of equal remuneration enshrined in the Convention and, if so, what penal or administrative sanctions were imposed on the violators.

2. Noting that the Government's report does not contain a reply to the other points raised in its previous comments, the Committee once again requests the Government to provide details on the manner in which the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum guaranteed agricultural wage (SMAG). It also requests information on the remuneration rates and occupational classifications determined by the committees on agricultural work set up under Decree No. 71/285 of 2 August 1971. Finally, referring to its 1990 general observation and to paragraph 248 of the 1986 General Survey on equal remuneration, the Committee emphasizes once again that without statistical data it cannot assess how the principle of equal remuneration is applied in practice. The Committee therefore expresses the hope once again that the Government will be able, in the very near future, to supply the following information:

(i) the wage scales applicable in the private and public sectors, indicating the distribution of men and women at the various levels;

(ii) statistical data on the minimum wage rates and average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women; and

(iii) information concerning any inquiry or survey that has been undertaken or may be contemplated in order to determine the causes of wage disparities, and information concerning the measures taken or contemplated subsequently.

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. With regard to the manner in which the principle set out in the Convention is applied in agriculture, the Government refers to the regulatory texts adopted after consultation with workers' and employers' organizations and to the texts setting the minimum wage for agriculture (SMAG) which mention that the rate applies expressly to workers of both sexes (for example, as stated in Decree No. 94-1865 of 5 September 1994). It adds that observance of the principle is ensured by inspections undertaken by labour inspectors in agricultural enterprises. The Committee would like to receive information in the next report on the number of agricultural enterprises inspected, any cases noted during such inspections of the non-application of the principle set out in the Convention and the measures taken to resolve these cases, including an indication of the penal and administrative sanctions which may have been imposed by the labour inspectorate and the courts, in accordance with sections 3, 5bis and 234 of the Labour Code, as indicated in the report.

The Committee notes that once again the Government has not given details on the manner in which the principle of equal remuneration for men and women is applied in agriculture with regard to wages above the minimum wage, in particular as regards the remuneration rates and occupational classifications determined by committees on agricultural work under section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 respecting committees on agricultural work. The Committee hopes that the requested information will be supplied in the next report.

2. The Committee notes the Government's statement that the requested statistics will be supplied as soon as they are available. It hopes that the Government will soon be in a position to provide the detailed information referred to in paragraph 1 of its 1994 direct request. Please refer in this respect to its general observation of 1990 and to paragraph 248 of its General Survey of 1986 on equal remuneration.

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

With reference to its previous direct requests, the Committee notes the information supplied by the Government in reply to its request for details on the penal sanctions in force for violations of the ban on sex-based discrimination set out in Act No. 93-6601 of 1993, as well as on public service wage scales and staffing tables disaggregated by sex.

1. With regard to the manner in which the principle set out in the Convention is applied in agriculture, the Government refers to the regulatory texts adopted after consultation with workers' and employers' organizations and to the texts setting the minimum wage for agriculture (SMAG) which mention that the rate applies expressly to workers of both sexes (for example, as stated in Decree No. 94-1865 of 5 September 1994). It adds that observance of the principle is ensured by inspections undertaken by labour inspectors in agricultural enterprises. The Committee would like to receive information in the next report on the number of agricultural enterprises inspected, any cases noted during such inspections of the non-application of the principle set out in the Convention and the measures taken to resolve these cases, including an indication of the penal and administrative sanctions which may have been imposed by the labour inspectorate and the courts, in accordance with sections 3, 5bis and 234 of the Labour Code, as indicated in the report.

The Committee notes that once again the Government has not given details on the manner in which the principle of equal remuneration for men and women is applied in agriculture with regard to wages above the minimum wage, in particular as regards the remuneration rates and occupational classifications determined by committees on agricultural work under section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 respecting committees on agricultural work. The Committee hopes that the requested information will be supplied in the next report.

2. The Committee notes the Government's statement that the requested statistics will be supplied as soon as they are available. It hopes that the Government will soon be in a position to provide the detailed information referred to in paragraph 1 of its 1994 direct request. Please refer in this respect to its general observation of 1990 and to paragraph 248 of its 1986 General Survey on Equal Remuneration.

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

The Committee notes that section 5bis of Act No. 93-66 of 5 July 1993 to amend the Labour Code explicitly lays down the principle of non-discrimination between the two sexes. It requests the Government to supply information in its next report on the penal sanctions imposed following violations of the provisions of the new section 5bis.

The Committee notes that the Government's report does not contain a reply to its previous comments. It hopes that the next report will contain full information on the points which were raised in its previous direct request, which read as follows:

1. The Committee finds that it has no recent information at its disposal from which to assess the manner in which the principle of equal remuneration for work of equal value is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service and in public enterprises, indicating the distribution of men and women at the various levels;

(ii) the proportion of women covered by the collective agreements which are in force and the distribution of men and women at the various wage levels;

(iii) statistical data on minimum wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding percentage of women;

(iv) information concerning any inquiry or survey that may have been undertaken or may be contemplated in order to determine the causes of wage disparities and information concerning the measures taken or contemplated in the light of such surveys.

2. With reference to the application of the Convention in agriculture, the Committee noted the Government's statement in its previous report that the texts concerning the minimum wage in agriculture make no distinction between men and women. It would like to receive information as to how the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum, and in particular on:

(i) the rates of remuneration and occupational classifications fixed by committees on agricultural work pursuant to section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 concerning committees on agricultural work;

(ii) the statistics requested in paragraph 1(iii) above; and

(iii) the activities carried out by the labour inspectorate to supervise the application of the principle of equal remuneration for men and women for work of equal value in agriculture.

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

1. The Committee finds that it has no recent information at its disposal from which to assess how the principle of equal remuneration for work of equal value is applied in practice. It would therefore be grateful if the Government would supply in its next report:

(i) the wage scales applicable in the public service and in public undertakings, indicating the distribution of men and women at the various levels;

(ii) the proportion of women covered by the collective agreements in force and the distribution of men and women at the various wage levels;

(iii) statistical data on wage rates and the average earnings of men and women, if possible by occupation, branch of activity, seniority and level of qualifications, together with information on the corresponding proportion of women;

(iv) information concerning any inquiry or survey that may have been undertaken or may be contemplated in order to determine the causes of wage disparities and information concerning the measures taken or contemplated in the light of such surveys.

2. With reference to the application of the Convention in agriculture, the Committee has noted the Government's statement in its latest report that the texts concerning the minimum wage in agriculture make no distinction between men and women. It would like some information as to how the principle of equal remuneration for men and women for work of equal value is applied in agriculture with regard to wages above the minimum, and in particular on:

(i) the rates of remuneration and occupational classifications fixed by committees on agricultural work pursuant to section 4(b) and (c) of Decree No. 71/285 of 2 August 1971 concerning committees on agricultural work;

(ii) the statistics requested in paragraph 1(iii) above; and

(iii) the activities carried on by the labour inspectorate to supervise the application of the principle of equal remuneration for men and women for work of equal value in agriculture.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report, and more particularly the national collective agreements communicated by the Government, including the appended classifications and occupational wage tables. The Committee hopes that in its future reports the Government will continue to provide information on any developments in the application of the principle of equal remuneration, and particularly the criteria used in job evaluation.

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:

For a number of years, the Government has indicated in its reports that the Labour Code is in the process of being revised in order to bring the legislation into conformity with the Convention. The Committee noted from a previous report that measures were being considered to supervise more closely the application of the principle of equal remuneration, by strengthening the representation of staff in enterprises. In this connection, the Government refers in its last report to proposals to merge the present staff representation structures (works committees, employers' and workers' joint advisory committees, health and safety committees, etc.) into a single structure in the form of an employers' and workers' joint works committee to be established in all enterprises employing more than 20 workers, and having the status of a legal entity enabling it to manage the social affairs of the enterprise directly. The Committee requests the Government to provide full information on the means of action which will be available to the employers' and workers' joint works committee so that it can ensure observance of the principle of equal remuneration for men and women workers for work of equal value.

Furthermore, the Committee asks the Government to supply information on the establishment of classifications and occupational wage scales as they appear in the collective agreements in force, stating, in particular, the criteria used in job classification. It also requests the Government to provide copies of the collective agreements concluded in sectors employing a large number of women.