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Repetition Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. In its previous comment, the Committee recalled that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors, and requested the Government to provide information on progress made in implementing measures to address vertical and horizontal occupational segregation. The Committee notes that strategic objective 5 “Decent work and social inclusion of vulnerable groups” of the National Plan for Economic and Social Development 2016–2020 (“Plan Horizonte 2020”) provides for the adoption of measures to promote productive employment and entrepreneurship of women, including equal access to resources, the elimination of occupational segregation and other forms of discrimination in employment. The Committee also observes that the United Nations Development Assistance Framework for Equatorial Guinea (UNDAF 2019–2023) includes, under its section 3, outcome 2.2 regarding equitable access to employment opportunities for vulnerable groups. However, the Committee also notes that, in its concluding observations, the United Nations Human Rights Committee expressed its concern at the persistence of traditional gender stereotypes regarding the roles of women and men in the family and in society and at the low level of women’s representation in political and public life (CCPR/C/GNQ/CO/1, 22 August 2019, paragraphs 28 and 29). The Committee requests the Government to provide information on the measures adopted in the framework of the “Plan Horizonte 2020” and UNDAF 2019 – 2023 to address the causes of the gender wage gap, including occupational segregation and gender stereotypes, and on the results achieved.Articles 2 and 3. Determining rates of remuneration. In its previous comments, the Committee requested the Government to provide information on the manner in which it ensured that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs, have resulted in the undervaluation of “female jobs” in comparison with those of men when determining wage rates. Therefore, whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey on the fundamental Conventions, 2012, paragraphs 697 and 701).The Committee requests the Government to provide information on the measures taken or envisaged to ensure that, in determining wages, wage scales and job descriptions, objective criteria are applied, free from gender stereotyping.Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests the Government to provide information on the measures adopted to collaborate with the social partners in implementing the principle of the Convention, including measures regarding consultations carried out in the consultative wage councils. Enforcement. The Committee notes the Government’s indication in its 2019 Universal Periodic Review report that: (1) monitoring and follow-up are ensured both by the Ministry of Labour and by the National Social Security Institute in respect of equal remuneration; (2) violations of equality at work are penalized as a breach by the employer; and (3) in 2015 the Commission for the Implementation and Monitoring of National Employment Policy, holding joint responsibility with the decentralized employment offices for monitoring compliance with equality policies, was established.The Committee requests the Government to provide information on the measures adopted by the Commission for the Implementation and Monitoring of the National Employment Policy to ensure compliance with equality measures and policies pertinent to the application of the principle of the Convention. The Committee also requests the Government to provide information on all concrete cases detected of violations of the principle of equal pay for men and women for work of equal value, the penalties imposed and remedies granted.Statistics. The Committee recalls that the collection and analysis of statistics is an important aspect of monitoring implementation of the Convention. In order to be able to address discrimination and unequal pay appropriately, and to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (General Survey, 2012, paragraph 869).The Committee once again requests the Government to provide up-to-date statistical information on the distribution of men and women in the various wage levels and occupational categories in both the public and private sectors, in order to permit an evaluation of the progress made in the application of the Convention.
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. Article 2 of the Convention. Promotion of the principle of equal remuneration and application in practice. The Committee notes the Government’s statement that the national legislation and practice are in conformity with the Convention and that there is no sex discrimination whatsoever. It notes, however, from the reports submitted by the Government to the UN Committee on the Elimination of Discrimination against Women (CEDAW/PSWG/2004/CRP.2/Add.2 and CEDAW/C/GNQ/4-5, 11 February 2004) that although national legislation guarantees equal opportunities, women have some difficulties in practice when it comes to competing with men on an equal footing: women make up 81.47 per cent of the workforce in agriculture and are further concentrated in services and retail and trade. While women perform 52 per cent of all manual work, only a third of that is paid labour; men perform 48 per cent of the labour and receive three-quarters of the compensation. Also, the proportion of women among senior executives and other employees in the private sector is particularly low, at only 0.3 per cent.
2. The Committee recalls that wage discrimination between men and women often arises from the concentration and segregation of women in a limited number of occupations and economic sectors. It therefore recognizes that policies to promote and ensure access of women to a wide range of sectors and occupations, including higher-level posts have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee notes from the CEDAW report (CEDAW/C/GNQ/4-5) that Presidential Decree No. 79/2002 of 27 May 2002 establishes a National Policy for the Advancement of Women (PNPM) and that work is currently under way on a draft plan of action to implement the Policy. It hopes that the forthcoming action plan will include measures to address vertical and horizontal occupational segregation with a view to reduce wage inequalities. The Government is asked to provide information on the progress made in implementing the policy and the action plan, and their impact on promoting the principle of the Convention. Please also supply copies of both the Policy and the action plan.
3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up to date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.
4. Articles 2 and 3. Non-discriminatory determination of wages. The Committee notes the information previously provided concerning the job classification system used in the public sector. It also notes the information on wage determination in the private sector, including Government Decree No. 6 of 1996 fixing minimum wages, and its annexes on minimum wages for the different occupations in various economic sectors based on a coefficient system and job descriptions. Noting the Government’s statement that there is no sex-based discrimination whatsoever in determining wages, the Committee would like to point out that the use of wage scales in itself is not sufficient to promote and ensure the application of the principle of equal remuneration for work of equal value. The Government is asked to provide information on the manner in which the Government ensures that no sex-stereotypes regarding the value of particular jobs are introduced in the determination of coefficients and job descriptions.
5. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information with its next report on the consultations held with the social partners and within the Consultative Wage Councils leading to the adoption of measures ensuring equal remuneration for men and women for work of equal value.
6. Part III of the report form. Enforcement. The Committee asks the Government to provide information on the manner in which the Labour Inspectorate supervises and ensures the application of the relevant legislation and the principle of equal remuneration between men and women for work of equal value.
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:
3. Statistics. In this context, the Committee also wishes to emphasize that a continuous assessment of the remuneration gap between men and women requires an analysis of the position of pay of men and women in all job categories. However, the Government’s report contains no recent data reflecting the distribution of men and women in the various occupational categories and their wages levels in the private and public sectors. The Committee refers to its 1998 general observation on this Convention and asks the Government to supply with its next report up-to-date statistical information on the distribution of men and women in the various wage levels and professional categories in both the public and private sectors in order to permit an evaluation of the progress made in the application of the Convention.
The Committee notes that after many years the Government’s report has not been received. It trusts that the Government will adopt the necessary measures to send a report on the application of the Convention in the near future.
The Committee notes with regret that, for the fourth consecutive time, 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 Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its General Survey of 1986 on equal remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.
2. With regard to the private sector, the Committee notes section 56(1) of the Labour Code, under which wages are determined "in proportion to the quantity and quality of the work, in such a way that for work of equal value equal remuneration is paid without discrimination on grounds of sex". The Committee also notes the Government's statement to the effect that wages are determined for jobs without any distinction on the grounds of the sex of the person employed and that the labour inspection service endeavours to ascertain that workers are not the victims of discrimination in respect of wages. In this respect, the Committee refers to paragraphs 57 to 59 of its 1986 General Survey in which it indicates that "the criteria of quantity and quality of work appear objective, in that they relate to an object rather than a person. However, only work of the same kind can be measured comparatively by the standards of quantity and quality ...". The Committee therefore requests the Government to provide information in its next report on the manner in which the principle of equal remuneration for men and women workers, in the sense of the Convention, is given effect in practice for workers who perform work of a different type but of equal value. The Committee also requests the Government to supply statistical data on the number of workers who have been covered by inspection visits and the number of violations reported.
3. With regard to the public sector, the Committee notes section 89 of Legislative Decree No. 6/1981 of 4 June 1981 respecting civil servants, under which the remuneration of public servants is determined in the Act adopting the budget and that wages are determined in agreement with the Higher Staff Commission and the Central Budget Office. The Committee also notes the Government's statement to the effect that wages are determined by category and level without distinction on grounds of sex. The Committee requests the Government to supply information on the methods and criteria which are employed to determine the wages of public servants by category and level (please refer in this regard to paragraphs 199 to 215 of the 1986 General Survey).
4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.
5. The Committee also notes the Government's statement to the effect that in the public sector the principle of equal remuneration for work of equal value is applied by means of a rational scale of classifications of public servants taking into account, inter alia, the distinction between civil servants and military employees. The Committee requests the Government to supply additional information on the rational scale of job classifications applying to civil servants.
6. The Committee notes the composition of the Advisory Wage Council and requests the Government to provide a copy of its internal rules.
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 Act No. 2/1990, of 4 January 1990, respecting general labour regulations (referred to below as the Labour Code) which repeals the former Labour Code (Act No. 11/1984 of 20 June 1984). Nevertheless, the Committee notes that section 55 of the Labour Code, in defining the term "remuneration", enumerates certain elements which do not form part of the wage (such as per diem allowances and travel expenses, occasional bonuses not covered by the contract of employment, social security benefits and compensation paid for transfers, suspension or dismissal). The Committee recalls the provisions of Article 1(a) of the Convention, as explained in paragraphs 14 to 17 of its 1986 General Survey on Equal Remuneration, according to which remuneration and other emoluments have to be paid equally to men and women workers for work of equal value. The Committee therefore requests the Government to indicate whether this is the case and its basis in law.
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:
4. Article 3. The Committee notes the Government's statement to the effect that in the private sector the classification of jobs takes into account the level of technical skills, the level of risk inherent in the activity, its importance for production, etc. It refers to paragraph 22 of its 1986 General Survey, in which it indicates that "the fact that women workers are more heavily concentrated in certain jobs and in certain sectors of activity has to be taken into account so as to avoid or redress a biased evaluation of qualities traditionally considered as 'peculiar to women'". The Committee requests the Government to supply statistics of current wages in the private sector by sex and job classification.
With reference to its previous direct request, the Committee notes the Government's report.
The Committee notes the Government's first and second reports.
1. The Committee notes that section 51 of the Labour Code (Act No. 11 of 1984) contains the definition of "remuneration", and that section 52 of the Code enumerates certain elements which do not form part of remuneration. It draws the Government's attention to Article 1(a) of the Convention, and requests the Government to provide information on the measures which have been taken or are contemplated to ensure that all forms of remuneration are provided without discrimination on the basis of sex.
2. The Committee notes that reference is made to the equal remuneration principle in the introductory paragraphs to the Labour Code and in its sections 13, 28 and 53, but that the principle is differently worded in each of these sections. The Committee refers to Article 2, paragraph 1, of the Convention and to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, and requests the Government to indicate the scope of the equal remuneration principle in the Labour Code and the way in which men and women workers are paid equal remuneration for work of equal value, without discrimination on the ground of sex.
The Committee also requests the Government to provide information on how the principle of equal remuneration for work of equal value, as required by the Convention, is applied in the public sector.
3. The Committee notes with interest the system of job classifications used to fix the minimum wage rates for salaried workers in the private sector. It requests the Government to indicate the methods and criteria used for the objective evaluation of jobs in the framework of the classification system. It also requests the Government to indicate whether a similar job classification scheme is used in the public sector. It further requests the Government to provide information on how the principle of equal remuneration for work of equal value is assured to workers remunerated above the minimum level in both the public and the private sectors.
4. The Committee notes that workers and employers take part in the process of fixing minimum wages, through their participation in a consultative committee in the Ministry of Labour and Social Affairs. It requests the Government to provide information on the composition, status and functioning of that consultative committee.