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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

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

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

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

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

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

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

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. The Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses, etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

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

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. Further to the above, the Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

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

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. Further to the above, the Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

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. Article 1(a) of the Convention. Definition of remuneration. Family allowances. The Committee notes that the Government submitted a draft law to the National Labour Council  in order to modify certain provisions of the Labour Code, including section 7(h) as discussed in the Committee’s previous comments. The Government indicates that despite its desire to see the elements identified by the Committee included in the Code’s definition of remuneration, the Labour Council’s reformulated draft provision continues to exclude family allowances and other benefits from the definition of remuneration. The Committee reminds the Government that the broad definition of remuneration under Article 1(a) covers all components of remuneration, whether direct or indirect, arising out of the employment relationship, including such things as family allowances and cost-of-living allowances. The Government is asked to indicate how the principle of equal remuneration is applied in practice to family allowances and how it ensures that these allowances are not paid in a manner that discriminates on the basis of sex.

2. The Committee recalls its previous suggestion to amend section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. The Government indicates that it intends to amend this provision and will provide a copy of the revised regulation to the Office. The Committee notes elsewhere, however, the Government’s statement that in the context of the National Interoccupational Collective Labour Agreement (NICLA) while single women have the right to receive family allowances, a married woman worker cannot claim family allowances unless her husband is unemployed or legally incapacitated. In light of the Government’s declared intention to amend section 21(3) of Legislative Ordinance No. 88-056 and the Committee’s previous suggestion that married couples should be given the opportunity to choose which spouse will receive the benefit, the Committee asks the Government how it intends to ensure that, in the context of the NICLA, married women workers are not discriminated against on the basis of their marital status in the determination of a worker’s eligibility to receive family allowances. The Committee looks forward to receiving a copy of the amended Legislative Ordinance No. 88-056.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to “equal conditions of work, vocational qualifications and output”. It notes the Government’s statement that equal remuneration is guaranteed between men and women workers where the work is of a different nature but of equal value, to the extent that they are in the same professional category. It further notes that the Ministry of Labour and Social Services obtained the National Labour Council’s approval for a draft decree fixing the conditions of work for women including an article which states that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be equal to their male counterparts (article 9). The Committee reminds the Government that discrimination in remuneration may arise out of the existence of occupational categories and jobs that are in practice reserved for women. For this reason, the principle of equal remuneration for work of equal value extends beyond a comparison between male and female workers in the same professional category to include workers in different occupations and sectors of the economy. Furthermore, article 9 of the draft decree, although incorporating the notion of work of equal value, nonetheless limits the principle of equal remuneration to hours worked or supplementary hours. The Committee emphasizes that under the Convention, remuneration includes not only the basic salary and overtime, but any other compensation arising out of a worker’s employment. The Committee encourages the Government, therefore, to consider amending section 86 of the Labour Code along with article 9 of the draft decree to bring them into conformity with Article 1 of the Convention. It also asks the Government to supply information on the manner in which it promotes and ensures in practice the principle of equal remuneration for men and women for work of equal value. Please also forward a copy of the Ministry of Labour and Social Services’ draft decree.

4. Article 3. The Committee has been asking the Government for several years now for information on the general occupational classification, covering the public and private sectors. In this respect, it notes the submission by the Congo Trade Union Confederation indicating that the National Labour Council at its 29th Session adopted a professional classification ranging from general labourers to managing executives. It notes from the Government’s report, however, that this classification, as anticipated by section 90 of the Labour Code, has not in fact been adopted by the National Labour Council. The Committee once again draws the Government’s attention to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138–152 of its General Survey. In this context, the Committee asks the Government to clarify the situation with regard to the adoption of a general occupational classification scheme for the public and private sectors, and how, in the absence of this scheme, the Government promotes and ensures the objective comparison of jobs for the purposes of equal remuneration.

5. Part V of the report form. Statistics. The Committee recalls that section 204 of the Labour Code established the National Employment Office (NEO), which will be responsible for collecting and analysing statistical data. Having noted that the Government is experiencing problems in this area, the Committee again expresses its appreciation regarding the request for technical assistance from the Office and hopes such assistance will be provided. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

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

1. Article 1(a) of the Convention. Definition of remuneration. Family allowances. The Committee notes that the Government submitted a draft law to the National Labour Council  in order to modify certain provisions of the Labour Code, including section 7(h) as discussed in the Committee’s previous comments. The Government indicates that despite its desire to see the elements identified by the Committee included in the Code’s definition of remuneration, the Labour Council’s reformulated draft provision continues to exclude family allowances and other benefits from the definition of remuneration. The Committee reminds the Government that the broad definition of remuneration under Article 1(a) covers all components of remuneration, whether direct or indirect, arising out of the employment relationship, including such things as family allowances and cost-of-living allowances. The Government is asked to indicate how the principle of equal remuneration is applied in practice to family allowances and how it ensures that these allowances are not paid in a manner that discriminates on the basis of sex.

2. The Committee recalls its previous suggestion to amend section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. The Government indicates that it intends to amend this provision and will provide a copy of the revised regulation to the Office. The Committee notes elsewhere, however, the Government’s statement that in the context of the National Interoccupational Collective Labour Agreement (NICLA)  while single women have the right to receive family allowances, a married woman worker cannot claim family allowances unless her husband is unemployed or legally incapacitated. In light of the Government’s declared intention to amend section 21(3) of Legislative Ordinance No. 88-056 and the Committee’s previous suggestion that married couples should be given the opportunity to choose which spouse will receive the benefit, the Committee asks the Government how it intends to ensure that, in the context of the NICLA, married women workers are not discriminated against on the basis of their marital status in the determination of a worker’s eligibility to receive family allowances. The Committee looks forward to receiving a copy of the amended Legislative Ordinance No. 88-056.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to “equal conditions of work, vocational qualifications and output”. It notes the Government’s statement that equal remuneration is guaranteed between men and women workers where the work is of a different nature but of equal value, to the extent that they are in the same professional category. It further notes that the Ministry of Labour and Social Services obtained the National Labour Council’s approval for a draft decree fixing the conditions of work for women including an article which states that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be equal to their male counterparts (article 9). The Committee reminds the Government that discrimination in remuneration may arise out of the existence of occupational categories and jobs that are in practice reserved for women. For this reason, the principle of equal remuneration for work of equal value extends beyond a comparison between male and female workers in the same professional category to include workers in different occupations and sectors of the economy. Furthermore, article 9 of the draft decree, although incorporating the notion of work of equal value, nonetheless limits the principle of equal remuneration to hours worked or supplementary hours. The Committee emphasizes that under the Convention, remuneration includes not only the basic salary and overtime, but any other compensation arising out of a worker’s employment. The Committee encourages the Government, therefore, to consider amending section 86 of the Labour Code along with article 9 of the draft decree to bring them into conformity with Article 1 of the Convention. It also asks the Government to supply information on the manner in which it promotes and ensures in practice the principle of equal remuneration for men and women for work of equal value. Please also forward a copy of the Ministry of Labour and Social Services’ draft decree.

4. Article 3. The Committee has been asking the Government for several years now for information on the general occupational classification, covering the public and private sectors. In this respect, it notes the submission by the Congo Trade Union Confederation indicating that the National Labour Council at its 29th Session adopted a professional classification ranging from general labourers to managing executives. It notes from the Government’s report, however, that this classification, as anticipated by section 90 of the Labour Code, has not in fact been adopted by the National Labour Council. The Committee once again draws the Government’s attention to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138–152 of its General Survey. In this context, the Committee asks the Government to clarify the situation with regard to the adoption of a general occupational classification scheme for the public and private sectors, and how, in the absence of this scheme, the Government promotes and ensures the objective comparison of jobs for the purposes of equal remuneration.

5. Part V of the report form. Statistics. The Committee recalls that section 204 of the Labour Code established the National Employment Office (NEO), which will be responsible for collecting and analysing statistical data. Having noted that the Government is experiencing problems in this area, the Committee again expresses its appreciation regarding the request for technical assistance from the Office and hopes such assistance will be provided. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

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

The Committee notes the communication by the Confederation of Trade Unions of Congo, received 14 September 2005, which has been sent to the Government.

1. The Committee notes that the draft Constitution of the Democratic Republic of the Congo was adopted by the National Assembly in May 2005 and will be subject to referendum in December 2005. It notes with interest article 14, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection and promotion of their rights". The Committee looks forward to receiving a copy of the Constitution, once it has been adopted.

2. Article 1(a) of the Convention. Definition of remuneration. With regard to its previous comments, the Committee notes that the revised Labour Code (Act No. 15/2002 of 16 October 2002) in section 7(h) continues to exclude family allowances and other benefits from the definition of remuneration. In this regard, the Committee reiterates that the broad definition of remuneration contained in Article 1(a) of the Convention, which provides that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, also covers family allowances. The Committee asks the Government to provide information, in its next report, indicating that the principle of equal remuneration is in practice applied to family allowances and other benefits and that these allowances are not paid in a manner that discriminates on the basis of sex.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to "equal conditions of work, vocational qualifications and output". The Committee must point out that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee asks the Government to provide information on the measures taken or envisaged to bring about equal remuneration in practice, between men and women, particularly where their work is different but nevertheless of equal value. In addition, the Committee encourages the Government to consider amending section 86 in order to bring it into conformity with Article 1(b) of the Convention.

4. Part V of the report form. Statistics. The Committee further notes that the Labour Code, in section 204, provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee had expressed its appreciation regarding the request for technical assistance from the Office. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

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

[…]

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

[…]

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

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

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

1. The Committee notes with interest the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

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

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 the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

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

1. The Committee notes with interest the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

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

The Committee notes with regret that the Government’s report has not been received for several years. 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, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker’s employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government’s previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government’s attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers’ and workers’ organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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

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

1.  The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker’s employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government’s previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2.  Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government’s attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3.  Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers’ and workers’ organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4.  While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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

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, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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:

The Committee notes the information contained in the Government's reports.

1. The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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

The Committee notes the information contained in the Government's reports.

1. The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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

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

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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

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

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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

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

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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

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

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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:

With reference to its previous comments, the Committee notes the information supplied by the Government in its report (which was received too late to be examined at its previous session).

1. The Committee notes with interest the Government's statement that the draft revised Labour Code excludes the accumulation of benefits and provides that, when both spouses work, they shall receive all the benefits provided under the terms of the employment contract, and that these benefits shall be paid according to the joint choice of the interested parties, or according to any specific provisions set out in collective agreements. The Committee requests the Government to supply information on any amendment that has been made or is envisaged to section 30 of the National Inter-occupational Collective Labour Agreement (in its amended version of 22 September 1980), to bring it into line with the draft revised Code and to supply the text of the revised Code once it has been adopted.

2. The Committee notes the Government's statement that it has recommended, in the context of setting out a national employment and wages policy, the preparation of a general classification of jobs including all types of employment from manual workers to executive directors, in order to establish a hierarchy of jobs that will create a basis for a just wage structure. The Committee requests the Government to continue supplying information on the progress achieved in the preparation of a general classification of jobs and to state whether this will apply to both the public and the private sectors.

3. The Committee once again requests the Government to supply information on the inspection visits carried out, cases of non-observance of the principle set forth in the Convention reported by labour inspectors and the measures that have been adopted to correct such situations.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report (which was received too late to be examined at its previous session).

1. The Committee notes with interest the Government's statement that the draft revised Labour Code excludes the accumulation of benefits and provides that, when both spouses work, they shall receive all the benefits provided under the terms of the employment contract, and that these benefits shall be paid according to the joint choice of the interested parties, or according to any specific provisions set out in collective agreements. The Committee requests the Government to supply information on any amendment that has been made or is envisaged to section 30 of the National Inter-occupational Collective Labour Agreement (in its amended version of 22 September 1980), to bring it into line with the draft revised Code and to supply the text of the revised Code once it has been adopted.

2. The Committee notes the Government's statement that it has recommended, in the context of setting out a national employment and wages policy, the preparation of a general classification of jobs including all types of employment from manual workers to executive directors, in order to establish a hierarchy of jobs that will create a basis for a just wage structure. The Committee requests the Government to continue supplying information on the progress achieved in the preparation of a general classification of jobs and to state whether this will apply to both the public and the private sectors.

3. The Committee once again requests the Government to supply information on the inspection visits carried out, cases of non-observance of the principle set forth in the Convention reported by labour inspectors and the measures that have been adopted to correct such situations.