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Equal Remuneration Convention, 1951 (No. 100) - Cabo Verde (Ratification: 1979)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 2 of the Convention. Minimum wage. The Committee welcomes the increase of the amount of the guaranteed minimum wage as a result of the adoption of Law No. 16/X/2022 of 30 December 2022 approving the State Budget for 2023 (section 13 of the Law). It notes the Government’s indication, in its report, that in all inspections carried out one of the main concern has been to verify compliance with the minimum wage. The Government adds that, in the agricultural and domestic work sectors, it is more difficult to verify such compliance as a result of the level of informality in both sectors. The Committee welcomes the Government’s indication that a draft legislation is underway to regulate rural work as well as domestic work, which will provide better instruments to labour inspectors in order to enforce legal provisions. The Committee refers, in that respect, to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). It further notes the Government’s indication that, in 2020, the General Labour Inspectorate (IGT) received 9 requests for intervention for non-payment of the minimum wage, compared to 2 requests in 2021. In that regard, the Committee notes that, in its last national report published in 2020, the National Commission for Human Rights and Citizenships (CNDHC) expressed concern about frequent violation of the right to the minimum wage in practice and recommended to ensure its effective application. The Committee asks the Government to provide information on: (i) any measures undertaken to ensure effective compliance with the legal obligation to pay the minimum wage, including on any awareness-raising activities carried out to this end, in collaboration with employers’ and workers’ organizations; (ii) the percentage of women and men who are paid the minimum wage; and (iii) any case or complaint of lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and penalties imposed.
Wage-fixing rates. Public sector. The Committee notes that, in 2018, a diagnosis carried out in the public service revealed significant wage differences between employees performing the same functions but who were placed in different regimes or careers, as well as the lack of coherence between the different coexisting salary scales. As a result, a new Basic Law on Public Service No. 20/X/2023 of 24 March 2023 was adopted. The Committee notes that, pursuant to sections 148 and 149 of the Basic Law, the remuneration is now based on a single remuneration scale applicable to both general and special regime careers, that shall be determined by Decree. Furthermore, section 150 of the Basic Law provides that the remuneration of the employee shall be determined on the basis of the complexity and degree of demand for the profile inherent to such functions, measured by the assessment of the function or position made by a commission while observing the principle of “equal pay for equal work”. Welcoming the efforts made by the Government to ensure greater equity in remuneration in the public service, the Committee recalls that the principle of the Convention goes beyond equal remuneration for “equal” work and also encompasses work of an entirely different nature which is nevertheless of equal value. It observes that the Basic Law does not refer explicitly to equality of remuneration between men and women and draws the Government’s attention to the fact that special attention is needed to ensure that the remuneration rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide information on: (i) the method and criteria used by the commission responsible for measuring the complexity and degree of demand for the profile inherent to the functions in order to determine the remuneration rates; and (iii) any measures taken to ensure that, in the public sector, rates are fixed based on objective criteria free from gender bias, so that functions traditionally accomplished by women are not being undervalued in comparison to those predominantly performed by men.
Article 3. Objective job evaluation. Regarding section 16 of the Labour Code which provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination, the Committee notes the repeated lack of information provided by the Government on the implementation of such provision, as well as on any steps taken to put in place a system of objective job evaluation. In that regard, it draws the Government’s attention to the fact that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, as men and women typically do not perform the same work. Job evaluation involves an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. The Committee further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey on the fundamental Conventions, paragraphs 695 and 701). In light of the persisting occupational gender segregation, the Committee again asks the Government to provide information on the application of section 16 of the Labour Code by indicating the steps taken to ensure that, in practice, all systems of work description and evaluation are based on objective criteria, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.
Enforcement. The Committee notes the Government’s indication that, in 2020, the IGT received 4 requests for intervention on wage discrimination, compared to 2 requests in 2021 and 1 request in 2022. Observing the low and decreasing number of requests for assistance from the IGT, the Committee notes the Government’s statement that, in 2021, a pilot inspection campaign was carried out, in the context of the Trade for Decent Work Project (T4DW), in the tourism sector. After analysing the results, it was decided to carry out such inspection campaign throughout the national territory. The Government adds that a verification form has been elaborated to that end, with a view to verify the criteria used by companies for awarding wages and subsidies and to identify situations of wage differentials between men and women. The Committee notes that no reference has been made by judicial decisions to the principle of the Convention but that, according to national judges, such principle is taken into consideration in the elaboration of judicial decisions. The Committee asks the Government to provide information on: (i) any activity undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention; (ii) the results of the nationwide inspection campaign carried out by the General Labour Inspectorate; and (iii) the number and nature of cases of inequality of remuneration dealt with by the labour inspectors, the courts or any other competent authorities, including the penalties imposed and the compensation awarded.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 1 to 4 of the Convention. Gender pay gap and occupational gender segregation, including employment in the informal economy. The Committee notes the Government’s indication, in its report, regarding the adoption of the National Plan for Gender Equality for 2021-2025 (PNIG), through Resolution No. 1/2022 of 5 January 2022, which sets as main objective the achievement of women’s autonomy in three areas, including economic autonomy and autonomy in decision-making. It notes that the PNIG acknowledges that women: (1) still have a greater burden of unpaid work; (2) are poorer; (3) work mostly in the informal sector; and (4) consequently lack social protection coverage and access to finance. As regards the concentration of women in the informal economy, with low salaries and lack of social protection coverage, the Committee notes that, according to the National Institute of Statistics (INE), excluding agriculture, in 2022, more women than men were still in informal employment (45.9 per cent compared to 43.2 per cent, respectively). Observing the lack of information provided by the Government on the implementation of the National Strategy for 2017–20 to encourage the transition from informal to formal employment, the Committee however notes that, in 2021, in the context of the “Jov@Emprego” project, implemented in collaboration with the ILO, the “Sucupira50 pilot project” was implemented with a view to strengthen the capacities of 50 women entrepreneurs and support the growth and formalization of their businesses. Welcoming this initiative, the Committee notes that the Second National Sustainable Development Strategy for 2022-2026 (PEDS II) highlights the difficulties faced by women in accessing the formal labour market which constitute an important barrier to women’s economic empowerment. According to the INE, the employment rate of women decreased from 45.5 per cent in 2017 to 43.3 per cent in 2022 (compared to 58.7 per cent for men) and remains particularly low in rural areas (29.2 per cent in 2022). The Committee notes the persistent occupational gender segregation with women being still overrepresented in certain sectors, such as trade (22.3 per cent), hospitality (13.1 per cent), domestic work (12.9 per cent) and education (10.4 per cent). In 2022, women were still mainly represented in elementary occupations (33.8 per cent) and personal services (31.0 per cent), while only 3.1 per cent of them were employed in decision-making positions (INE, Continuous Multi Objective Survey - IMC, 2022). The Committee further notes, from the statistical information provided by the Government, that, in the private sector, women are mostly concentrated in lowest remuneration levels (78.0 per cent of women in the four lowest remuneration levels compared to 64.5 per cent of men; while only 3.1 per cent of women were in the four highest remuneration levels compared to 4.4 per cent of men). In the public sector, a higher proportion of women are in higher remuneration levels, while this proportion is still lower than those for men (18.8 per cent of women in the four highest remuneration levels compared to 25.7 per cent of men). Welcoming the efforts made by the Government to provide information on the distribution of men and women in the different remuneration levels, the Committee observes that the data provided does not reflect the average remuneration of men and women or the overall magnitude of the gender pay gap, which does not enable the Committee to fully assess the extent and nature of wage differentials between women and men in practice. It notes, from the 2022 Global Gender Gap Report from the World Economic Forum, that the estimated earned income of women was still 29.2 per cent lower than those of men, in 2022. In light of the substantial wage differentials between women and men and the persistent lack of legislation that fully reflects the principle of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures in order to identify and address the underlying causes of pay differentials between men and women, such as occupational gender segregation and gender stereotypes, in both the formal and informal economy, and to promote women’s access to a wider range of jobs with career prospects and higher pay, in particular in rural areas. It asks the Government to provide information on: (i) any measures implemented to that end, including in collaboration with employers’ and workers’ organizations; (ii) any programmes or activities implemented to enhance the transition from informal to formal employment, which will be especially important for women; and (iii) the earnings of men and women, in both the public and private sectors, if possible disaggregated by sector of economic activity.
Articles 1 and 2(2)(a). Equal remuneration for men and women for work of equal value. Legislation. Recalling the absence of legal provisions that fully reflect the principle of equal remuneration for men and women for work of equal value set out in the Convention, the Committee notes the Government’s indication that several awareness-raising activities have been carried out regarding gender equality and equal pay, including in collaboration with the ILO in the context of the Trade for Decent Work Project (T4DW). The Government adds that, in June 2022, a tripartite workshop was held, in collaboration with the ILO, in order to formulate a roadmap on equal pay. Welcoming this information, the Committee however observes that no information is provided on the implementation of the roadmap. It further notes that, in its last national report published in 2020, the National Commission for Human Rights and Citizenship (CNDHC) specifically recommended the incorporation of the principle of equal remuneration for men and women for work of equal value into the Labour Code, in line with ILO Convention No. 100. The Committee notes that, in March 2023, the Social Concertation Council (CCS) reaffirmed the need for a third revision process of the Labour Code and that the principle of equal remuneration for men and women for work of equal value was invoqued during a parlamentarian debate on the revision of the Labour Code on parenthood, as a means to address gender inequalities in the labour market. The Committee again draws the Government’s attention to the fact that article 62 of the Constitution and section 16 of the Labour Code are not sufficient to ensure the full application of the principle enshrined in the Convention which is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey of 2012 on the fundamental Conventions, paragraphs 672–675). The Committee urges the Government to take the opportunity of the revision of the Labour Code to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on: (i) any progress made in that regard and the provisions adopted; (ii) any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as among law enforcement officials; and (iii) the manner in which section 15(1)(b) of the Labour Code, which provides that “equality at work” includes the right to receive a special compensation which is not allocated to all workers but which is based, among other grounds, on sex, is implemented in practice.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2 of the Convention. Minimum wages. The Committee previously noted the adoption of Decree Law 6/2014 of 29 January on minimum wage fixing, applicable to all employees subjected to the general labour law system. The Committee welcomes the Government’s indication, in its report, concerning the adoption of Decree Law 15/2018 of 19 March 2018, which increases the amount of the national minimum wage as of 1 January 2018. The Government adds that awareness-raising campaigns were carried out by the labour inspectorate concerning the implementation of the new minimum wage by enterprises. The Committee however notes that, in its 2018 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) was concerned that many employers, especially in the agricultural and domestic service sectors, do not comply with the legal obligation to pay the minimum wage and recommended that the Government strengthen its enforcement of the minimum wage, including through inspections in such sectors (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 28 and 29). The Committee asks the Government to provide information on any measures undertaken to ensure compliance with the legal obligation to pay the minimum wage, in particular in agriculture and domestic work sectors, including on any awareness-raising activities carried out to this end, in collaboration with employers’ and workers’ organizations. It also asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage, as well as on any case or complaint of lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and penalties imposed.
Wage-fixing rates. Public sector. The Committee previously noted the adoption of Decree Law 9/2013 of 26 February 2013 on the Career, Posts and Salaries Plan (PCCS) establishing wage-fixing rates in the public sector. The Committee notes the Government’s general statement that the decree has been applied to all public institutions and services with the exception of those that have yet to adopt the necessary internal instruments. It further notes the data forwarded by the Government on the average wage in central administration disaggregated by occupational category, but observes the lack of information disaggregated by sex. Noting the Government’s indication that no distinction on the basis of sex is allowed in the framework of the PCCS, the Committee wishes to point out that the lack of an explicit differentiation between men and women in minimum wage rates is not sufficient to ensure that there is no gender bias in the process of determining minimum wages, and that special attention is needed to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on fundamental Conventions, paragraph 683). The Committee again asks the Government to provide information on the implementation of Decree Law 9/2013 of 26 February 2013 on the Career, Posts and Salaries Plan in practice, while specifying the public institutions and services which have not implemented the Decree yet. It further asks the Government to indicate how it ensures that, in the public sector, rates are fixed based on objective criteria free from gender bias, so as to ensure that sectors of economic activity with a high proportion of women is not being undervalued in comparison to those in which men are predominantly employed.
Article 3. Objective job evaluation. The Committee previously referred to section 16 of the Labour Code which provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination and requested the Government to provide information on its implementation as well as on the steps taken to put in place a system of objective job evaluation. Noting the absence of information provided by the Government in this regard, the Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, as men and women typically do not perform the same work. Job evaluation involves an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. The Committee further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General Survey of 2012, paragraphs 695 and 701). In light of the persisting occupational gender segregation in practice, the Committee again asks the Government to provide information on the application of section 16 of the Labour Code by indicating the measures taken to ensure that, in practice, all systems of work description and evaluation are based on objective criteria. It also asks the Government to provide information on the steps taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.
Enforcement. The Committee takes note of the two judicial decisions forwarded by the Government on issues concerning equal remuneration. It notes however that the Government does not provide information on the activities of the labour inspectorate in this area. The Committee again asks the Government to provide information on the number, nature and outcome of cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded, and to provide a copy of any decision issued in this regard. It also asks the Government to provide information on any activity undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including by strengthening training activities for labour inspectors on this issue.

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For many years now, the Committee has been drawing the Government’s attention to the fact that article 62 of the Constitution, which provides that men and women shall receive “equal remuneration for equal work”, and section 16 of the Labour Code, which provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work, are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee notes the Government’s general statement, in its report, that this issue might be proposed for inclusion on the agenda for public discussion regarding a potential revision of the Constitution. The Government adds that, as a consequence, section 16 of the Labour Code might be amended in order to fully reflect the principle of the Convention. The Committee takes note of Judgment No. 233/15-16 of March 2016, forwarded by the Government, according to which, pursuant to article 62 of the Constitution, equal remuneration should be ensured to workers for equal work, being interpreted as an identical type of activity and seniority. Drawing the Government’s attention to the fact that such interpretation is narrower than the principle set out in the Convention, the Committee notes that, in the framework of the Universal Periodic Review, the United Nations Human Rights Council also recommended that the Government fully incorporate into its national legislation the principle of equal pay for men and women for work of equal value, in line with the ILO Conventions (A/HRC/39/5, 9 July 2018, paragraph 112). It observes however that the Government stated in this regard that its understanding was that this principle is already contained in article 62 of the Constitution and section 16 of the Labour Code (A/HRC/39/5/Add.1, 13 September 2018, page 3). The Committee once again draws the Government’s attention to the fact that the provisions of the Constitution and the Labour Code are not sufficient to ensure the full application of the principle enshrined in the Convention, as they do not encompass the concept of “equal value” and may therefore hinder progress in eliminating gender-based pay discrimination. It recalls that the concept of “work of equal value”, as provided for in the Convention, is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing work of an entirely different nature (as men and women typically do not perform the same work), which is nevertheless of equal value. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women to determine the value of such work, comparing a wider range of factors which are free from gender bias, such as skill, effort, responsibilities and working conditions (see the 2012 General Survey on the fundamental Conventions, paragraphs 672–675). The Committee urges the Government to take the necessary steps to: (i) give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, in order to cover not only situations where men and women are performing the same or similar work, but also situations where they carry out work that is of an entirely different nature, but is nevertheless of equal value; and (ii) provide information on any progress made in this regard, as well as on any awareness-raising activities carried out with respect to the implementation of the principle of the Convention, including in collaboration with employers’ and workers’ organizations. Noting that the Government does not provide information on the practical application of section 15(1)(b) of the Labour Code, which provides that “equity at work” includes the right to receive a special compensation which is not allocated to all workers, but which is based, among other grounds, on sex, the Committee again asks the Government to indicate the manner in which this provision is implemented in practice.
Articles 1 and 2. Gender wage gap and occupational gender segregation. Referring to its previous comments concerning the occupational gender segregation of the labour market and the lack of data on the distribution of men and women and their respective earnings in the public and private sectors, the Committee notes the Government’s general statement that there is no gender disparity in wages or career advancement, but that the labour market remains highly gender segregated, with women still being over-represented in determined sectors, such as domestic work, trade and education, while men are employed in construction and agriculture. The Committee notes that, according to the National Institute of Statistics (INE), in 2017, women only represented 44.2 per cent of the employed population (compared to 55.8 per cent of men) and that the employment rate of women decreased from 48 per cent in 2016 to 45.5 per cent in 2017 (compared to 58.5 per cent for men). It notes that the employment rate of women in rural areas was particularly low (32.2 per cent compared to 51.7 per cent in urban areas) and remained substantially lower than that of men (51.5 per cent in rural areas). It further notes the Government’s indication that 52.4 per cent of public administration employees are women but that there are no available data on the average wage for men and women.
The Committee notes that UN Women recently highlighted that the informal sector is large, possibly as high as 59 per cent, with women comprising a majority of informal economy workers (Country Gender Profile, January 2018, page 17). It notes that, according to a survey on the informal sector in Cabo Verde, carried out in February 2017 by the Cape Verdean Institute for Gender Equality (ICIEG), in 2015, women represented 58.8 per cent of all workers in the informal economy and owned 62.2 per cent of informal production units. The Committee also notes that, according to the survey, in the informal economy, the average monthly wage of women is 29.5 per cent lower than that of men. It further notes the Government’s statement that an analysis of the average monthly wage shows that the earnings of half of working women are about 1,000 Cape Verdean Escudos (CVE) less than the average monthly wage, while half of men earn about CVE2,000 more than the average wage. The Committee notes that, in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the wide and persistent wage gap between men and women, the vertical and horizontal segregation in the labour market and the high proportion of women in precarious employment situations. Moreover, the CESCR indicated that women being predominantly involved in the informal economy, they are as a consequence less likely to be covered by contributory social security schemes and more likely to receive non-contributory social pensions, which currently cover only 20 per cent of the subsistence minimum. Women therefore have lower incomes and lower pensions, making them particularly vulnerable to poverty, especially in old age (E/C.12/CPV/CO/1, 27 November 2018, paragraph 26). In light of the substantial gender wage gap and the lack of legislation that fully reflects the principle of the Convention, the Committee urges the Government to: (i) strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations; (ii) raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; and (iii) provide information on the measures taken to effectively address the gender wage gap by identifying and addressing the underlying causes of pay differentials, such as occupational gender segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay, in particular in rural areas. Noting that the Government is in the process of developing, in collaboration with the ILO, a National Strategy for 2017–20 to encourage the transition from informal to formal employment, which will be especially important for women, the Committee asks the Government to provide information on any progress made in the adoption and implementation of this strategy. It also asks the Government to provide statistical information on the earnings of men and women, in both the public and private sectors, disaggregated by sector of economic activity and occupation.
The Committee is raising other points in a request addressed directly to the Government.

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

Articles 1 and 2 of the Convention. Gender pay gap and occupational sex segregation. The Committee notes that according to the report “Women and Men in Cape Verde: Facts and Figures”, in 2014, the unemployment rate was 16.3 per cent for men and 15.3 for women, particularly, young women. The Committee notes that in its report the Government indicates that according to the National Institute of Statistics (INE), only 35 per cent of enterprises were managed by women in 2012. In relation to the public sector, the Committee notes the Government’s indication that, according to the “Dynamic Human Resources Table of the Public Administration”, in 2014, 48 per cent of workers in the Public Administration were women and only 26.3 per cent of these women were senior officers. The Government further indicates that in 2012, the major sources of employment for women were in the agricultural sector (22 per cent), the trade sector (21 per cent), the education sector (9 per cent) and domestic work (9 per cent), while men were mainly occupied in the agricultural sector (27 per cent), the construction sector (15 per cent), the Public Administration (11 per cent) and the trade sector (10 per cent). In addition, the Government indicates that, according to the INE, 44.2 per cent of women and 32.4 per cent of men in the workforce worked in the informal economy in 2013. The Committee requests the Government to continue to provide information on the measures taken to address structural problems such as occupational sex segregation and those taken with respect to access to education and vocational training for both men and women in order to ensure a wider range of job opportunities at all levels, including in sectors in which they are currently absent or under-represented. It further requests the Government to send any existing data on the distribution of men and women and their respective earnings in the public and private sectors. Noting that the Government had previously requested ILO technical assistance in relation to the collection of statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance.
Article 2. Wage-fixing rates. In its previous comments, the Committee requested the Government to provide information on any developments regarding minimum wage fixing; and on the recommendations and follow-up to the proposals on Career, Posts and Salaries Plan in the public sector as well as information on how it is ensured that women and men receive equal remuneration for work of equal value. The Committee notes the adoption of Decree Law 6/2014 of 29 January on minimum wage fixing, which is applicable to all employees subjected to the general labour law system as well as Decree Law 9/2013 of 26 February on the Career, Posts and Salaries Plan establishing wage-fixing rates in the public sector, which sets out in section 50 the following remuneration elements: basic pay, supplements, and performance bonuses. The Committee also notes that according to the “National Report on Gender in Africa and Female Development Index in Cape Verde” of the Economic Commission for Africa (ECA) provided by the Government in its report, the professional categories in the public sector that require lower qualification and receive lower remuneration are mostly occupied by women. The Committee requests the Government to provide information on the implementation in practice of Decree Law 9/2013 of 26 February on the Career, Posts and Salaries Plan as well as on Decree Law 6/2014, 29 January on minimum wage fixing. In particular, the Committee requests the Government to indicate how it is ensured that rates are fixed based on objective criteria free from gender bias, so as to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed.
Article 3. Objective job evaluation. In its previous comments, the Committee noted that section 16 of the Labour Code provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination, and requested the Government to provide information on its implementation as well as on the steps taken to put in place a system of objective jobs evaluation. The Committee notes that the Government refers to the adoption of Decree Law 58/14, 12 November, concerning the System of Performance Evaluation in Public Administration. In this respect, the Committee recalls that a distinction should be made between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, from objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey on the fundamental Conventions, paragraph 696). Noting that Legislative Decree 1/2016, which amends the Labour Code, contains no provision concerning objective job evaluation and that the Government does not provide information on the implementation of section 16 of the Labour Code and on the steps taken to put in place a system of objective jobs evaluation, the Committee reiterates its request in this respect.
Enforcement. In its previous comments, the Committee requested the Government to provide information on the concrete action carried out by labour inspectors as well as by the Cape Verdean Institute for Gender Equality (ICIEG) with respect to equality and non-discrimination in employment and occupation and equal remuneration. The Committee notes the Government’s indication that awareness-raising activities have been undertaken in cooperation with workers’ and employers’ organizations, and that labour inspections have been carried out in which labour inspectors verified all infringements of labour rights, including pay discrimination. The Committee further notes the Government’s indication concerning the adoption of the National Gender Equality Plan (PNIEG) 2015–18 by the ICIEG, which aims to develop equal opportunities for men and women in terms of access and retention in the labour market, leading to an increase in women’s participation and a reduction of poverty among women. The Committee notes, however, that the PNIEG 2015–18 does not provide for the adoption of measures with respect to the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to continue to provide information on the concrete action carried out by labour inspectors as well as by the ICIEG with respect to equality and non-discrimination in employment and occupation and equal remuneration, and the impact thereof.

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

Article 1 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee referred to the fact that article 62 of the Constitution which provides for the principle of equal remuneration for equal work, and section 16 of the Labour Code which provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work were more restrictive than the principle of equal remuneration for work of equal value provided for in the Convention. The Committee also requested information on the practical application of section 15(1)(b) of the Labour Code which provides that equity at work includes the right to receive special compensation; a compensation which is not allocated to all workers, but which is based, among other grounds, on sex. The Committee notes that the Government reiterates the information provided in its previous report. The Committee further notes the adoption of Legislative Decree 1/2016 of 3 February 2016, which revises the Labour Code. The Committee notes in this respect, that the opportunity was not taken to include the principle of equal remuneration for men and women workers for work of equal value in the Labour Code. The Committee recalls once again that the provisions in the Constitution and in the Labour Code are insufficient to ensure the full application of the principle of the Convention because they do not encompass the concept of “equal value”, and may therefore hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. The Committee asks the Government to take the necessary measures without delay to ensure that full legislative expression be given to the principle of equal remuneration for men and women for work of equal value, and recalls that such provisions should not only cover situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. In the absence of any further information on this point, the Committee once again requests the Government to indicate the manner in which this provision is implemented in practice. The Committee also asks the Government to provide information on any legislative developments as well as on any awareness-raising campaigns or activities carried out with respect to the implementation of the principle of the Convention.
The Committee is raising other matters in a request addressed directly to the Government.

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

Article 2 of the Convention. Wage-fixing rates. In its previous comments, the Committee noted the establishment of a working group for the elaboration of a study concerning minimum wage fixing. The Committee notes the Government’s indication that this study is being finalized and that a new proposal for the Career, Posts and Salaries Plan in the public sector was submitted for approval by the relevant bodies and will be shared with the social partners in the framework of the Social Concertation Board. The Committee requests the Government to continue to provide information on any developments regarding minimum wage fixing. Please also provide information on the recommendations and follow-up to the proposals on the Career, Posts and Salaries Plan in the public sector. Please also provide information on how it is ensured that in the context of wage fixing and setting public sector salaries, it is ensured that women and men receive equal remuneration for work of equal value.
Article 3. Objective job evaluation. In its previous comments, the Committee noted that section 16 of the Labour Code provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination. Noting that no information has been provided on this issue, the Committee asks the Government to provide information on the implementation of section 16 of the Labour Code as well as on the steps taken so as to put in place a system of objective jobs evaluation that will ensure the full implementation of the Convention.
Enforcement. The Committee requests the Government to provide information on the concrete action carried out by the labour inspectors as well as the Institute on the Condition of Women (ICF) with respect to equality and non-discrimination in employment and occupation and equal remuneration, and the impact thereof.
Part V of the report form. Practical application. The Committee notes the Government’s indication that the rate of workers’ participation in the labour market is 59.1 per cent (63 per cent urban work and 52.5 per cent for rural work, 67.4 per cent for men and 51.1 per cent for women) and that the unemployment rate is 10.7 per cent (9.6 per cent for men and 12.1 per cent for women). The Government indicates that progress has been made in education, which contributes to equality between men and women. Moreover, gender equality is taken into account in all government activities, especially in the framework of the Decent Work Country Programme (DWCP). Different measures for employment creation and for the establishment of small enterprises have benefited young women particularly. The Government further indicates that the collection of statistical data is not possible due to the lack of material and human resources. Noting that the Government had previously requested ILO technical assistance in relation to statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance. The Committee further asks the Government to continue to provide information on the measures taken to address structural problems such as occupational sex segregation and with respect to access to education and vocational training for women and to send it any existing data on the distribution of men and women and their respective earnings in the public and private sectors.

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

Article 1 of the Convention. Work of equal value. The Committee recalls that article 61 of the Constitution provides for the principle of equal remuneration for equal work and that section 16 of the Labour Code provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work. According to this section, all differences in remuneration for men and women based on objective criteria (merit, productivity and performance) are not considered discriminatory. In this regard, the Committee recalls that in their communications, the Commercial, Industrial and Agricultural Association of Barlovento (ACIAB), the National Union of Workers of Cape Verde–Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) have referred to the need to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes that the Government merely reiterates the information provided in its previous report. The Committee recalls once again that the provisions in the Constitution and in the Labour Code are insufficient to ensure the full application of the principle of the Convention because they do not encompass the concept of “equal value”, and may therefore hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. The Committee asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and recalls that such provisions should not only cover situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. The Committee asks the Government to provide information on any development thereon as well as on any awareness-raising campaigns or activities carried out with respect to the implementation of the principle of the Convention. Noting that section 15(1)(b) of the Labour Code provides that equity at work includes the right to receive special compensation; a compensation which is not allocated to all workers, but which is based, among other grounds, on sex, the Committee asks the Government to indicate the manner in which this provision is implemented in practice.
The Committee is raising other points in a request addressed directly to the Government.

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

Observations from trade unions. The Committee had previously taken note of the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde–Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) with respect to the need to increase the social partners’ awareness of the legal notion of “work of equal value”. The CCSL further supported the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. Noting that the Government has not replied to these observations, the Committee asks it to do so in its next report.
Legislative developments. Scope of application. The Committee notes the adoption of a new Labour Code on 16 October 2007 (Legislative Decree No. 5/2007, modified by Legislative Decree No. 5/2010). The Committee asks the Government to provide information on the impact of this new Labour Code on the implementation of the Convention, in particular with respect to the issues dealt with below.
The Committee further notes the adoption of Legislative Decree No. 50/2009 on social protection, Resolution No. 124/VI/2010 by which the country ratifies the African Youth Charter and Resolution No. 26/2010 concerning good practices in enterprise management. The Committee will examine these instruments together with any further information on the implementation of these provisions with respect to the Convention that the Government might wish to submit.
Article 1 of the Convention. Work of equal value. The Committee recalls that article 61 of the Constitution provides for the principle of equal remuneration for equal work and that it has been asking the Government to consider amending the legislation so as to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention. The Committee observes that section 16 of the new Labour Code provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work. All differences in remuneration for men and women based on objective criteria (merit, productivity, seniority and performance) are not considered discrimination. The Committee observes, however, that it does not provide for the principle of equal remuneration for work of equal value. The Committee further notes the Government’s indication that national collective agreements do not refer to this principle either, even though they provide equal treatment to both women and men workers. The Committee draws the attention of the Government to the fact that the provisions in the Constitution and the Labour Code are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value, and may hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity may be used to determine the level of earnings, the use of only these criteria may have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria free from gender bias. The Committee asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Such provisions should not only cover situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. The Committee asks the Government to provide information on any development thereon, as well as on the impact of the National Plan of Action concerning collective bargaining adopted on May 2011 with respect to wage disparity.
Article 2. Wage-fixing rates. The Committee notes the Government’s indication that a working group was established in order to elaborate a study concerning minimum wage fixing. The Government further indicates that in the public sector, salaries are regulated by the Career, Posts and Salaries Plan which provides for equality of remuneration and is currently under revision. The Committee asks the Government to provide information on any development thereon.
Article 3. Objective job evaluation. Noting that section 16 of the new Labour Code provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination, the Committee asks the Government to provide information on the steps taken so as to put in place a system of job evaluation for the objective appraisal of jobs that will ensure the full implementation of the Convention.
Part III of the report form. Enforcement. The Committee asks the Government to take the necessary measures so as to provide labour inspectors with adequate training concerning the principles of the Convention and to provide information on the concrete action carried out by them with respect to equality and non-discrimination in employment and occupation and equal remuneration and the impact thereof. The Committee further asks the Government to provide information on the activities of the Institute on the Condition of Women (ICF), to which it referred in previous reports, relating to the promotion and application of the Convention.
Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government. The Committee notes in particular that the rate of workers’ participation in the labour market decreased from 68.9 per cent in 2000 (74.4 per cent for men and 64.1 per cent for women) to 60.5 per cent in 2007 (67.4 for men and 55.4 for women) and that women tend to concentrate in the commercial services and domestic services while men have a greater participation in more qualified jobs. The Committee notes that no further statistics are provided and that the Government reiterates its request for technical assistance in this respect. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested in the area of statistics and asks the Government to provide information on the measures taken to address structural problems such as job segregation in particular with respect to access to education and vocational training for women.

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

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 following matters raised in its previous direct request:

The Committee notes the information provided by the Government in its report, and the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde
– Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). The Committee notes that the first two organizations consider it necessary to increase the social partners’ awareness of the legal notion of “work of equal value” so that it is better understood and applied. It notes that the CCSL supports this proposal and points out that inequality of treatment exists in respect of wages between men and women for work of equal value. The CCSL supports the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. The Committee asks the Government to provide its comments on the abovementioned communications in its next report.

…

The Committee notes the collective agreements and public administration wage scales attached to the report. It asks the Government to provide copies of the collective agreements containing clauses on the promotion of the principle of equal remuneration for work of equal value. It also notes that, according to the report, a significant proportion of women hold positions of responsibility in the public sector, some at the head of national bodies (social solidarity, public finance, public administration, government general secretariat, national coordination for action to combat drugs) and ministries (national education, justice, agriculture, fisheries and environment). The Committee notes that no statistics exist on the distribution of men and women at different levels, and that technical assistance is requested in the area of statistics. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested. It also notes that the National Statistics Institute and the General Labour Directorate are making efforts to compile information on the number of women in different occupational categories, and that a copy of this information will be sent to the ILO. The Committee asks the Government to send it any existing data on the distribution of men and women in the public sector.

Article 3 of the Convention and Parts III and V of the report form. The Committee notes that the Institute on the Condition of Women (ICF) promotes equality of remuneration between men and women for work of equal value. It also notes that the labour inspectorate is authorized to supervise and ensure the application of legislative provisions relating to conditions of work and the protection of workers, and that these cover the principle set forth in the Convention as well as all forms of discrimination based on sex. The Committee asks the Government to provide information on labour inspectorate activities, as well as those of the ICF, relating to the promotion and application of the Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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 the information provided by the Government in its report, and the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape
Verde – Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). The Committee notes that the first two organizations consider it necessary to increase the social partners’ awareness of the legal notion of “work of equal value” so that it is better understood and applied. It notes that the CCSL supports this proposal and points out that inequality of treatment exists in respect of wages between men and women for work of equal value. The CCSL supports the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. The Committee asks the Government to provide its comments on the abovementioned communications in its next report.

2. In its previous comments, the Committee asked the Government to consider amending the legislation so as to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention. It notes that the Government intends to take the Committee’s comments into consideration when carrying out a general revision of labour legislation, which includes the adoption of a new Labour Code, and that these comments will be the subject of consultations with the social partners. The Committee asks the Government to provide information on any progress made in this area.

3. The Committee notes the collective agreements and public administration wage scales attached to the report. It asks the Government to provide copies of the collective agreements containing clauses on the promotion of the principle of equal remuneration for work of equal value. It also notes that, according to the report, a significant proportion of women hold positions of responsibility in the public sector, some at the head of national bodies (social solidarity, public finance, public administration, government general secretariat, national coordination for action to combat drugs) and ministries (national education, justice, agriculture, fisheries and environment). The Committee notes that no statistics exist on the distribution of men and women at different levels, and that technical assistance is requested in the area of statistics. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested. It also notes that the National Statistics Institute and the General Labour Directorate are making efforts to compile information on the number of women in different occupational categories, and that a copy of this information will be sent to the ILO. The Committee asks the Government to send it any existing data on the distribution of men and women in the public sector.

4. Article 3 of the Convention and Parts III and V of the report form. The Committee notes that the Institute on the Condition of Women (ICF) promotes equality of remuneration between men and women for work of equal value. It also notes that the labour inspectorate is authorized to supervise and ensure the application of legislative provisions relating to conditions of work and the protection of workers, and that these cover the principle set forth in the Convention as well as all forms of discrimination based on sex. The Committee asks the Government to provide information on labour inspectorate activities, as well as those of the ICF, relating to the promotion and application of the Convention.

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

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 the information provided by the Government in its report, and the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape
Verde – Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). The Committee notes that the first two organizations consider it necessary to increase the social partners’ awareness of the legal notion of “work of equal value” so that it is better understood and applied. It notes that the CCSL supports this proposal and points out that inequality of treatment exists in respect of wages between men and women for work of equal value. The CCSL supports the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. The Committee asks the Government to provide its comments on the abovementioned communications in its next report.

2. In its previous comments, the Committee asked the Government to consider amending the legislation so as to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention. It notes that the Government intends to take the Committee’s comments into consideration when carrying out a general revision of labour legislation, which includes the adoption of a new Labour Code, and that these comments will be the subject of consultations with the social partners. The Committee asks the Government to provide information on any progress made in this area.

3. The Committee notes the collective agreements and public administration wage scales attached to the report. It asks the Government to provide copies of the collective agreements containing clauses on the promotion of the principle of equal remuneration for work of equal value. It also notes that, according to the report, a significant proportion of women hold positions of responsibility in the public sector, some at the head of national bodies (social solidarity, public finance, public administration, government general secretariat, national coordination for action to combat drugs) and ministries (national education, justice, agriculture, fisheries and environment). The Committee notes that no statistics exist on the distribution of men and women at different levels, and that technical assistance is requested in the area of statistics. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested. It also notes that the National Statistics Institute and the General Labour Directorate are making efforts to compile information on the number of women in different occupational categories, and that a copy of this information will be sent to the ILO. The Committee asks the Government to send it any existing data on the distribution of men and women in the public sector.

4. Article 3 of the Convention and Parts III and V of the report form. The Committee notes that the Institute on the Condition of Women (ICF) promotes equality of remuneration between men and women for work of equal value. It also notes that the labour inspectorate is authorized to supervise and ensure the application of legislative provisions relating to conditions of work and the protection of workers, and that these cover the principle set forth in the Convention as well as all forms of discrimination based on sex. The Committee asks the Government to provide information on labour inspectorate activities, as well as those of the ICF, relating to the promotion and application of the Convention.

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

1. The Committee notes the information provided by the Government in its report, and the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). The Committee notes that the first two organizations consider it necessary to increase the social partners’ awareness of the legal notion of “work of equal value” so that it is better understood and applied. It notes that the CCSL supports this proposal and points out that inequality of treatment exists in respect of wages between men and women for work of equal value. The CCSL supports the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. The Committee asks the Government to provide its comments on the abovementioned communications in its next report.

2. In its previous comments, the Committee asked the Government to consider amending the legislation so as to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention. It notes that the Government intends to take the Committee’s comments into consideration when carrying out a general revision of labour legislation, which includes the adoption of a new Labour Code, and that these comments will be the subject of consultations with the social partners. The Committee asks the Government to provide information on any progress made in this area.

3. The Committee notes the collective agreements and public administration wage scales attached to the report. It asks the Government to provide copies of the collective agreements containing clauses on the promotion of the principle of equal remuneration for work of equal value. It also notes that, according to the report, a significant proportion of women hold positions of responsibility in the public sector, some at the head of national bodies (social solidarity, public finance, public administration, government general secretariat, national coordination for action to combat drugs) and ministries (national education, justice, agriculture, fisheries and environment). The Committee notes that no statistics exist on the distribution of men and women at different levels, and that technical assistance is requested in the area of statistics. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested. It also notes that the National Statistics Institute and the General Labour Directorate are making efforts to compile information on the number of women in different occupational categories, and that a copy of this information will be sent to the ILO. The Committee asks the Government to send it any existing data on the distribution of men and women in the public sector.

4. Article 3 of the Convention and Parts III and V of the report form. The Committee notes that the Institute on the Condition of Women (ICF) promotes equality of remuneration between men and women for work of equal value. It also notes that the labour inspectorate is authorized to supervise and ensure the application of legislative provisions relating to conditions of work and the protection of workers, and that these cover the principle set forth in the Convention as well as all forms of discrimination based on sex. The Committee asks the Government to provide information on labour inspectorate activities, as well as those of the ICF, relating to the promotion and application of the Convention.

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

1. Article 1 of the Convention. Substance and scope of protection. The Committee noted in its previous comment that section 30(m) of Act No. 101/iv/93 of 31 December 1993 refers explicitly to the right of workers to equal remuneration for equal work. Due to the ambiguity of the term "equal work", which may be interpreted either narrowly or broadly, the Committee had asked the Government to specify whether in practice, in accordance with Article 1 of the Convention, equal remuneration is paid not only for the same work but also for work which is different but nevertheless of equal value. The Committee notes that the Government’s report does not contain a reply to this request. It asks the Government to provide this information with its next report and to consider amending the Act to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention.

2. Article 2. Fixation of wage rates. The Committee notes that once again the Government indicates it its report that no rates of remuneration are expressly laid down in domestic law. The Committee asks the Government to supply information on the manner in which wages are fixed and to provide collective agreements and public sector wage classifications.

3. Article 3. Job evaluation. The Committee notes again that the Government indicates in its report that no system of job evaluation is in place for the objective appraisal of jobs. It also notes that job descriptions and wages are by law subject to review by workers’ representatives. It asks the Government to indicate the measures taken to ensure that the objective of an equal valuation for men and women for work of equal value is achieved in any wage fixing or review process, such as through the undertaking of a gender analysis.

4. Part III of the report form. Enforcement. The Committee takes note of the Government’s statement indicating that there is no body specifically entrusted to administer the application of the Convention. It asks the Government to provide information on the activities the Social Cooperation Council carried out in the public sector in order to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information on the activities of the Labour Inspectorate to ensure the application of that principle.

5. Part V of the report form. Practical application. The Committee notes the information provided by the Government stating that progress has been made to reduce the remuneration gap between men and women. The Committee reminds the Government that it requires statistical information showing the distribution of men and women at the different levels and in positions of responsibility in the public service and if possible also in the private service, in order to enable the Committee to examine whether women are equally represented at the middle and higher levels of employment. The Committee reminds the Government to refer to its general observation of 1998 concerning statistics and points out that it may always have recourse to the technical assistance of the ILO in the field of labour statistics.

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 that no standards have been adopted to fix wage rates nor is there a national minimum wage, although the Constitution provides for its establishment. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. The Committee asks the Government to provide information on the activities the Social Cooperation Council carries out in the public sector in order to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes that no system of job evaluation is in place to allow for the objective appraisal of jobs. It also notes that job descriptions and wages are by the law subject to review by workers’ representatives. It asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage-fixing or review process, such as through the undertaking of a gender analysis.

3. The Committee notes that, according to the Government’s report, no statistical information is available showing the distribution of men and women at the different levels and in positions of responsibility in the public service. It requests the Government to provide other information in order to enable it to examine whether women are equally represented at the middle and higher levels of employment. The Committee requests the Government to refer to its general observation of 1998 concerning statistics and reminds it that it may always have recourse to the technical assistance of the ILO in the field of labour statistics.

4. The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal work", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

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

The Committee takes note of the information provided by the Government in its report.

1. The Committee notes that no standards have been adopted to fix wage rates nor is there a national minimum wage, although the Constitution provides for its establishment. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. The Committee asks the Government to provide information on the activities the Social Cooperation Council carries out in the public sector in order to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes that no system of job evaluation is in place to allow for the objective appraisal of jobs. It also notes that job descriptions and wages are by the law subject to review by workers’ representatives. It asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage-fixing or review process, such as through the undertaking of a gender analysis.

3. The Committee notes that the Government’s report does not contain a reply to the other comments made in its previous direct request. It is therefore bound to repeat its direct request, which read in relevant parts:

The Committee notes that, according to the Government’s report, no statistical information is available showing the distribution of men and women at the different levels and in positions of responsibility in the public service. It requests the Government to provide other information in order to enable it to examine whether women are equally represented at the middle and higher levels of employment. The Committee requests the Government to refer to its general observation of 1998 concerning statistics and reminds it that it may always have recourse to the technical assistance of the ILO in the field of labour statistics.

The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal work", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

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

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 reads as follows:

1.  The Committee notes that, according to the Government’s report, no statistical information is available showing the distribution of men and women at the different levels and in positions of responsibility in the public service. It requests the Government to provide other information in order to enable it to examine whether women are equally represented at the middle and higher levels of employment. The Committee requests the Government to refer to its general observation of 1998 concerning statistics and reminds it that it may always have recourse to the technical assistance of the ILO in the field of labour statistics.

2.  The Committee notes that the Government’s report does not contain a reply to the other comments made in its previous direct request. It is therefore bound to repeat its direct request, which read as follows:

(a)  The Committee notes with interest that the programme to establish a national classification of jobs has finally been completed and that a copy of the classification is attached to the report. It hopes that the Government will be in a position to report in the near future the progress achieved in practice with regard to the objective appraisal of jobs, which is one of the measures that can assist in giving effect to the principle of equal remuneration (Article 3 of the Convention).

(b)  The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

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

1. The Committee notes that, according to the Government's report, no statistical information is available showing the distribution of men and women at the different levels and in positions of responsibility in the public service. It requests the Government to provide other information in order to enable it to examine whether women are equally represented at the middle and higher levels of employment. The Committee requests the Government to refer to its general observation of 1998 concerning statistics and reminds it that it may always have recourse to the technical assistance of the ILO in the field of labour statistics.

2. The Committee notes that the Government's report does not contain a reply to the other comments made in its previous direct request. It is therefore bound to repeat its direct request, which read as follows:

1. The Committee notes with interest that the programme to establish a national classification of jobs has finally been completed and that a copy of the classification is attached to the report. It hopes that the Government will be in a position to report in the near future the progress achieved in practice with regard to the objective appraisal of jobs, which is one of the measures that can assist in giving effect to the principle of equal remuneration (Article 3 of the Convention).

2. The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

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

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 the programme to establish a national classification of jobs has finally been completed and that a copy of the classification is attached to the report. It hopes that the Government will be in a position to report in the near future on the progress achieved in practice with regard to the objective appraisal of jobs, which is one of the measures that can assist in giving effect to the principle of equal remuneration (Article 3 of the Convention).

2. The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

3. The Committee notes the wage scales currently applicable in the public service, as transmitted by the Government, and would be grateful if the Government would supply statistics in its next report showing the distribution of men and women at the various levels and in positions of responsibility.

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

1. The Committee notes with interest that the programme to establish a national classification of jobs has finally been completed and that a copy of the classification is attached to the report. It hopes that the Government will be in a position to report in the near future the progress achieved in practice with regard to the objective appraisal of jobs, which is one of the measures that can assist in giving effect to the principle of equal remuneration (Article 3 of the Convention).

2. The Committee notes the publication of Act No. 101/iv/93 of 31 December 1993 to revise the general legal framework of industrial relations, of which section 39(m) refers explicitly to the right of workers to equal remuneration for equal work. With reference to paragraph 44 of its 1986 General Survey on equal remuneration, and in view of the ambiguity of the term "equal", which may either be interpreted narrowly or broadly, the Committee requests the Government to specify whether in practice, in accordance with Article 2 of the Convention, equal remuneration is paid for the same work as well as for work to which an equal value is attributed.

3. The Committee notes the wage scales currently applicable in the public service, as transmitted by the Government, and would be grateful if the Government would supply statistics in its next report showing the distribution of men and women at the various levels and in positions of responsibility.

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

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. In its previous comments, the Committee had noted that there were no collective agreements in Cape Verde but that, according to the Government, they were at the promotional stage; it had asked the Government to provide information on the matter. It notes the Government's indication that, with regard to collective labour agreements, the Government and the unions have organized a number of courses and seminars for workers. The Committee asks the Government to provide detailed information on the link between the above-mentioned courses and seminars and the promotion of collective agreements, and on the progress made in the promotion of collective agreements setting wage levels in various sectors of activity, in full conformity with the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes the Government's indication that owing to unforeseen problems at the General Labour Office, the programme to establish a national job classification will not be completed before the beginning of 1994. The Committee hopes that the Government will shortly be able to provide a copy of the above classification together with information on progress made in establishing systems for an objective appraisal of jobs to enable the value of the different tasks to be compared, as recommended in Article 3 of the Convention.

3. The Committee notes that the Government has not provided the statistical data which it had requested in its previous direct request to enable it to ascertain the extent to which the principle of equal remuneration for work of equal value set out in the Convention was applied in the public service. It would therefore be grateful if, in its next report, the Government would provide the wage scales currently applying in the public service and statistics showing the distribution of men and women employed at different levels and in positions of responsibility.

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

The Committee takes note of the Government's report and the information supplied in reply to its previous direct request.

1. With regard to cases jeopardizing the principle of equal remuneration for men and women for work of equal value and which would have come before the Committees on Labour Disputes, the Committee notes that, according to the Government, these Committees have been abolished and their powers have now been assigned to the ordinary courts. It also notes that there have been no reports of any such cases. The Committee asks the Government to continue to keep it informed of any new developments in this area or any new cases.

2. The Committee had noted that as yet there are no collective agreements. It notes the Government's indication that the collective agreements are still at the promotional stage. The Committee asks the Government to provide detailed and comprehensive information on this matter in its next report.

3. With regard to wage fixing in the sectors which come under the authority of the State, the Committee asked the Government to provide information on measures to determine the value of work which, in practice, is usually carried out by women, in comparison with the work generally carried out by men. The Committee notes that, according to the Government, an objective assessment of jobs in the form of a national classification of occupations is currently being undertaken and that the study should be completed in early 1993. The Committee asks the Government to provide a copy of the study with its next report, along with detailed information on progress made in ensuring an objective appraisal of jobs so as to guarantee equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide updated statistical information on the wage rates currently being paid in the public and private sectors, with an indication of the percentage of men and women employed at different levels.

4. The Committee noted that in its last report the Government referred to information supplied in its reports on the Labour Inspection Convention, 1947 (No. 81) which, unlike Convention No. 100, does not cover all sectors, and asked the Government to provide information on the labour inspectorate's activities in all sectors of the economy to ensure supervision of the application of the legal provisions on equal remuneration, in accordance with point V of the report form. The Committee notes that, in its report, the Government states that the labour inspectorate covers all sectors of the economy and that no cases of infringement of the provisions on equal remuneration have been reported. The Committee asks the Government to continue to provide specific information on this matter (infringements recorded, sanctions imposed), and on any relevant court decisions.

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

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

The Committee takes note of the Government's report and the appended documents.

1. The Committee notes with interest Legislative Decree No. 62/87 of 30 June 1987 approving the general rules to govern labour relations. It notes that, under section 21 of this Legislative Decree, collective regulations may not contain provisions which are contrary to the provisions of the Constitution or laws of an imperative nature; that under section 35, the illegal clauses of collective regulations are liable to be annulled; that under section 39(h) every worker has the right not to be the subject of discriminatory treatment, particularly with regard to his remuneration; that section 36 provides that every worker belongs to an occupational category to be determined in accordance with the tasks he is obliged to perform, and that section 117 deals with the notion and content of remuneration.

2. With reference to its previous direct request, the Committee notes from the Government's report that no new cases involving the application of the principle of equal remuneration for men and women have been brought before the labour disputes committees. The Committee asks the Government to continue to provide information on any new developments in this respect.

3. With reference to point 3 of its previous direct request, the Committee notes from the Government's report that there are no collective agreements as yet. The Committee asks the Government to keep it informed of any developments in this respect.

4. The Committee takes note of the Government's statement that there is no national minimum wage but that there are wage scales established in accordance with the principle of equality for all workers belonging to the same occupational category and performing the same functions. The Committee also notes the information and the wage scales of public enterprises and the public service, contained in the Government's report, to the effect that the principle of equal remuneration is applied in establishing these scales. The Committee refers to paragraphs 25 and 27 of its 1986 General Survey on Equal Remuneration, where it points out that, where a State having ratified the Convention intervenes in the wage-fixing process, it is obliged to ensure the application of the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention, and asks the Government to provide information on the measures taken or under consideration to determine, in the sectors in which the State intervenes in wage fixing, the relative value of work which, in practice, is usually carried out by women, in comparison with the work generally carried out by men.

5. In this connection, the Committee notes the Government's statement that the first phase of the work concerning the preparation of objective evaluations of jobs has been completed, during which priority was given to the civil construction, transport (air, sea and road) and food industry sectors. The Committee asks the Government to provide information on progress achieved as a result of measures taken or envisaged to create the necessary conditions for carrying out an objective evaluation of jobs in these sectors.

6. Point V of the report form. The Committee notes that the Government refers to information supplied in its reports on the Labour Inspection Convention, 1947 (No. 81). However, the Committee observes that these reports do not contain the information needed to determine whether any violations of the principle of the Convention have been registered. Furthermore, the above-mentioned Convention does not cover all the sectors of the economy as does Convention No. 100. The Committee therefore asks the Government to provide information on this matter.

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

The Committee takes note of the Government's report and the appended documents.

1. The Committee notes with interest Legislative Decree No. 62/87 of 30 June 1987 approving the general rules to govern labour relations. It notes that, under section 21 of this Legislative Decree, collective regulations may not contain provisions which are contrary to the provisions of the Constitution or laws of an imperative nature; that under section 35, the illegal clauses of collective regulations are liable to be annulled; that under section 39(h) every worker has the right not to be the subject of discriminatory treatment, particularly with regard to his remuneration; that section 36 provides that every worker belongs to an occupational category to be determined in accordance with the tasks he is obliged to perform, and that section 117 deals with the notion and content of remuneration.

2. With reference to its previous direct request, the Committee notes from the Government's report that no new cases involving the application of the principle of equal remuneration for men and women have been brought before the labour disputes committees. The Committee asks the Government to continue to provide information on any new developments in this respect.

3. With reference to point 3 of its previous direct request, the Committee notes from the Government's report that there are no collective agreements as yet. The Committee asks the Government to keep it informed of any developments in this respect.

4. The Committee takes note of the Government's statement that there is no national minimum wage but that there are wage scales established in accordance with the principle of equality for all workers belonging to the same occupational category and performing the same functions. The Committee also notes the information and the wage scales of public enterprises and the public service, contained in the Government's report, to the effect that the principle of equal remuneration is applied in establishing these scales. The Committee refers to paragraphs 25 and 27 of its 1986 General Survey on Equal Remuneration, where it points out that, where a State having ratified the Convention intervenes in the wage-fixing process, it is obliged to ensure the application of the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention, and asks the Government to provide information on the measures taken or under consideration to determine, in the sectors in which the State intervenes in wage fixing, the relative value of work which, in practice, is usually carried out by women, in comparison with the work generally carried out by men.

5. In this connection, the Committee notes the Government's statement that the first phase of the work concerning the preparation of objective evaluations of jobs has been completed, during which priority was given to the civil construction, transport (air, sea and road) and food industry sectors. The Committee asks the Government to provide information on progress achieved as a result of measures taken or envisaged to create the necessary conditions for carrying out an objective evaluation of jobs in these sectors.

6. Point V of the report form. The Committee notes that the Government refers to information supplied in its reports on the Labour Inspection Convention, 1947 (No. 81). However, the Committee observes that these reports do not contain the information needed to determine whether any violations of the principle of the Convention have been registered. Furthermore, the above-mentioned Convention does not cover all the sectors of the economy as does Convention No. 100. The Committee therefore asks the Government to provide information on this matter.

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