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

Articles 1 and 2 of the Convention. Assessment of gender pay gaps. In its report, the Government indicates that, with regard to the assessment of the gender pay gap, in Togo, workers’ pay is not disaggregated by sex and is identical for men and women. While noting that the section 155(1) of the new Labour Code of 18 June 2021 (Act No. 2021-012) provides for equal pay among workers “for the same work or work of equal value” (identical in this respect to section 118 of the former Code) - which properly reflects the principle laid down by the Convention - the Committee states that its request concerned the situation in practice and the means of evaluating it. It emphasizes that in many countries, including those where the legislation is in conformity with the Convention, there are in fact gender pay gaps for work of equal value. In order to reduce these gaps, it must be possible to assess them. To be able to do this, it is necessary to have comprehensive and reliable statistical data on the remuneration of men and women in order to develop, implement and assess the measures taken. The Committee therefore reiterates its request to the Government to take the necessary steps to collect and analyse data on workers’ pay, disaggregated by sex, in the various sectors of economic activity, including the public sector, and in the various occupational categories, in order to be able to use them to develop and implement measures aimed at reducing any pay gaps that may exist in practice between men and women for work of equal value. The Committee requests the Government to provide information on any measures taken in this regard.
Article 2. Application of the principle of equal remuneration by means of collective agreements. In its previous comment, having emphasized that several collective agreements signed by the social partners provided that “under equal conditions of work, skill and output, wages shall be equal for all workers”, a provision which was more restrictive than the principle of equal pay for work of equal value enshrined in the Convention, the Committee requested the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising the collective agreements in this regard. The Committee notes that the collective agreements annexed to the Government’s report show the same failure to conform to the principle of the Convention. It also notes the Government’s response that the concept of work of equal value has not been understood by those involved in the world of work (the employers as well as the workers and the Government) and that awareness-raising must be carried out among these three stakeholders in social dialogue. To this end, the Government requests the technical assistance of the Office to ensure a better understanding and implementation of the Convention in the country. The Committee invites the Government to present a formal request for technical assistance to the Office to raise the awareness of all persons concerned of the principle of the Convention. It requests the Government to provide information in its next report on the follow-up given to this request and on activities carried out to ensure that the collective agreements signed among the social partners contain provisions which are in conformity with the principle of equal pay for work of equal value enshrined in the Convention.
Article 3. Objective job evaluation. As noted by the Government itself in its report, section 155(4) of the Labour Code indicates that “job evaluation methods are based on impartial considerations pertaining primarily to the nature of the work that the jobs involve”. The Government recognizes, however, that the establishment of the different vocational categories and the determination of the corresponding wage scales are based exclusively on diplomas and not on an objective job evaluation. The Committee once again recalls that the method used must allow for a comparison of the relative value of different jobs, and not of individuals. Tasks to be performed should therefore be examined on the basis of perfectly objective and non-discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions (see General Survey on fundamental Conventions, paragraphs 695–709). The Committee requests the Government to indicate the measures taken or envisaged to raise awareness and train the social partners in objective job evaluation methods. It reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.
Enforcement. In reply to the questions the Committee asked in its previous comment on enforcement of the Convention, the Government states that: (1) no measures have been taken to raise awareness among workers, employers and their organizations of the legislation relating to equal pay for work of equal value and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of gender pay inequality; (2) no training activities relating to the principle of the Convention have been organized or planned for labour inspectors and other employees of the labour administration; and (3) no administrative or judicial decisions on gender-related pay discrimination are available. The Committee requests the Government to provide information on any developments in this regard, once it has benefited from the technical assistance required above.

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

The Committee notes that the Government’s report does not contain any reply to its previous comments made in 2014. It requests the Government to provide detailed information on the following points in its next report.
Articles 1 and 2 of the Convention. Assessment of pay gaps. The Committee recalls that it is particularly important to have full and reliable statistics on remuneration for men and women in order to develop, implement and evaluate measures taken to eliminate pay gaps. It notes that the Government’s report does not contain any statistical information in this regard. The Committee once again requests the Government to take the necessary steps to collect and analyse data on workers’ pay, disaggregated by sex, in the various sectors of economic activity, including the public sector, and in the various occupational categories, and to provide these data in its next report.
Article 2. Application of the principle of equal remuneration by means of collective agreements. In its previous comments, the Committee emphasized that the interoccupational collective agreement of Togo (CCIT) of 20 December 2011 provides that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. It also underlined the fact that the clauses on the “principle of remuneration” of many sectoral collective agreements (for mining, road transport, commerce, construction and public works, etc.) contain identical provisions which are more restrictive than the principle of the Convention. The Committee asked the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “equal remuneration for men and women workers for work of equal value”, and to encourage them to consider revising the CCIT and also the identical provisions in sectoral collective agreements, so that they reflect the principle established by the Convention and enshrined in the Labour Code (sections 103(7) and 118). However, the Committee notes that the Government refers in its report to the conclusion in December 2016 of the collective agreement for commerce, section 33(1) of which provides, like other sectoral collective agreements, that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. The Committee recalls that by limiting the concept of equal pay to jobs involving equal conditions of work, skill and output, these provisions establish, in terms of remuneration, a more restrictive principle than that of the Convention. Indeed, work may be performed under different conditions, require different skills or produce different outputs but still be of equal value overall, and the Convention therefore provides that it must be equally remunerated. Furthermore, the criterion of “output” can result in the creation of different wage groups based on the output of each sex. The Committee wishes to remind the Government once again that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see the 2012 General Survey on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take steps to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising the CCIT and also the identical provisions in sectoral collective agreements, so that they reflect the principle set out in the Convention and enshrined in the Labour Code (sections 103(7) and 118).
Article 3. Objective job evaluation. In its previous comments, the Committee observed that the CCIT contains occupational classifications in a schedule and a new reference scale establishing the basic wages for each occupational category. It noted that, in this collective agreement, many occupational categories are defined solely, or almost solely, on the basis of the skills, knowledge and diplomas required. The Committee recalled that the concept of “work of equal value” involves the use of a method that allows the relative value of different jobs to be measured and compared. Emphasis is placed here on the overall value of the work performed. Tasks should therefore be examined on the basis of perfectly objective and non- discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions, as such objective evaluation is crucial to eliminating any risk of undervaluing jobs traditionally held by women (see 2012 General Survey, paragraphs 695–709). The Committee once again requests the Government to take steps to raise awareness among the social partners and to train them in objective job evaluation methods. The Government is also asked to indicate how, when establishing the various occupational categories and fixing the corresponding wage scales through collective bargaining, workers’ and employers’ organizations ensure that this process does not lead to the undervaluation of so-called “female” jobs and, consequently, jobs primarily held by women.
Enforcement. The Committee notes that the Government’s report merely gives a general description of the powers of labour inspectors provided for by the Labour Code. The Committee once again requests the Government to provide information on the following points: (i) the specific measures taken to raise awareness among workers, employers and their organizations of the legislation relating to equal pay for work of equal value (section 118 of the Labour Code) and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of gender pay inequality; (ii) training activities organized or planned for labour inspectors and other employees of the labour administration relating to the principle of the Convention and, in particular, the concept of “work of equal value”; and (iii) any administrative or judicial decisions on gender-related pay discrimination.

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

Articles 1 and 2 of the Convention. Assessment of pay gaps. The Committee recalls that it is particularly important to have full and reliable statistics on the remuneration of men and women in order to develop, implement and evaluate the measures taken to eliminate wage gaps. The Committee requests the Government to make the necessary efforts to collect and analyse such data disaggregated by sex, on the various sectors of economic activity, including the public sector, and on the various occupational categories, and to provide this data in its next report. It once again asks the Government to provide information on any specific measures taken with a view to reducing the gender pay gap, including in the context of the national policy on gender equity and gender equality adopted in 2011, and particularly the measures taken to address the underlying causes of wage inequalities (occupational segregation, prejudices regarding women’s career aspirations and professional abilities and the role of women and men in society).
Article 2. Application of the principle by means of collective agreements. The Committee notes the signing, on 20 December 2011, of the new inter occupational collective agreement of Togo (CCIT). It nevertheless observes that the social partners have not taken this opportunity to include provisions reflecting the principle of equal remuneration for men and women for work of equal value. Clause 25 of the new CCIT provides that “under equal conditions of work, skill and output, wages shall be equal for all workers, irrespective of their origin, sex, age or status”. Clause 41 of the collective agreement for the Togo export processing zone, adopted in October 2012, and the clauses on the “principle of remuneration” of various sectoral collective agreements (mining, road transport, commerce, construction and public works, etc.) contain identical provisions. The Committee considers that, by limiting equal remuneration to jobs involving equal conditions of work, skill and output, these provisions establish, in terms of remuneration, a more restrictive principle than that of the Convention. It recalls in this regard that work can be performed under different conditions, require different skills or produce different outputs and still in overall terms be of equal value and that therefore the Convention provides that they shall be equally remunerated. Moreover, the criterion of “output” may lead to the creation of different wage groups based on the average output of each sex. The Committee also wishes to draw the Government’s attention to the fact that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see General Survey on the fundamental Conventions, 2012, paragraph 677). The Committee requests the Government to take measures to raise awareness among workers’ and employers’ organizations of the principle of the Convention, particularly the concept of “work of equal value”, and to encourage them to consider revising clause 25 of the CCIT, as well as the identical provisions in sectoral collective agreements, so that they reflect the principle that is set out in the Convention and enshrined in the Labour Code (sections 103(7) and 118).
Article 3. Objective job evaluation. The Committee notes that the CCIT contains occupational classifications in a schedule and a new reference scale establishing the basic wages for each occupational category. It notes that, in this collective agreement, many occupational categories are defined solely, or almost solely, on the basis of the skills, knowledge and diplomas required. The Committee recalls that the concept of “work of equal value” involves the use of a method that allows the relative value of different jobs to be measured and compared. Emphasis is placed on the overall value of the work performed. Tasks should therefore be examined on the basis of perfectly objective and non discriminatory criteria, such as skills and qualifications, the effort required, responsibilities and working conditions, as such objective evaluation is crucial to eliminating any risk of undervaluing jobs traditionally held by women. The Committee requests the Government to take measures to raise awareness among the social partners and to train them in objective job evaluation methods. The Government is also asked to indicate how, when establishing the various occupational categories and fixing the corresponding wage scales through collective bargaining, workers’ and employers’ organizations ensure that this process does not lead to the undervaluation of so-called “female” jobs and, consequently, jobs primarily held by women.
Minimum wage. The Committee welcomes the increase in the guaranteed inter-occupational minimum wage (SMIG) and the guaranteed agricultural minimum wage (SMAG) from 28,000 to 35,000 Togolese franc (CFA) as from 1 May 2012 by the Order of 11 May 2012 on the Revision of Guaranteed Minimum Wages. The Committee considers that a uniform national minimum wage system helps to raise the earnings of the lowest paid. As there are more women in low-paid jobs, this type of system has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. The Committee asks the Government to provide any available information on the impact of the SMIG and SMAG on men and women’s wages and on reducing the gender pay gap.
Enforcement. In the absence of information in the Government’s report, the Committee asks the Government to provide information on the following points:
  • (i) the specific measures taken to raise the awareness among workers, employers and their organizations of the relevant legislation and to reinforce the specific means available to labour inspectors, judges and other public officials to detect and address cases of inequalities in remuneration between men and women;
  • (ii) training activities organized or planned for labour inspectors and other officials of the labour administration on the principle of the Convention and, in particular, on the concept of “work of equal value”; and
  • (iii) any administrative or judicial decisions on gender discrimination in remuneration.

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

Article 2 of the Convention. Application of the principle by means of collective agreements. Recalling that the Government has previously indicated that, following the adoption of the new Labour Code of 2006, social partners would renegotiate most collective agreements, the Committee asked the Government to indicate any measures taken to encourage social partners to avoid using gender stereotypes in renegotiations of collective agreements which contained fixed wage tables by occupational category. The Committee notes that the Government recalls the relevant legislation on this matter and indicates that, during collective bargaining, labour inspectors govern mixed joint committees as moderators, and monitor compliance with the principle of equal remuneration. The Government indicates that the wage scales negotiated by social partners and annexed to collective agreements do not contain any differences in remuneration between men and women. The Committee recalls that fixing identical wages for men and women is insufficient to ensure full application of the principle of the Convention. It is important to fix wages based on objective criteria, free from gender bias, in order to ensure that jobs held predominantly or exclusively by women, are not undervalued in comparison with jobs predominantly held by men. The Committee asks the Government to indicate the measures taken to ensure that the methods used in negotiations of collective agreements which fix minimum wages are free from gender bias. The Committee also asks the Government to indicate whether any collective agreements have been or will soon be renegotiated and to forward copies of any collective agreements referring to the principle of equal remuneration for men and women for work of equal value.
Practical application. Measures to reduce the gender wage gap. The Committee notes that a number of measures were taken to reduce inequalities between men and women in employment; a study on inequalities based on gender, a national policy on gender equity and gender equality in January 2011, a national strategy on gender mainstreaming in public policies, and the creation of a specific ministry on the promotion of women. The Committee asks the Government to provide information on specific measures taken to reduce the gender wage gap, including under the national policy on gender equity and gender equality, and particularly measures taken to address the underlying causes of wage inequalities such as occupational segregation between men and women and gender stereotypes regarding career aspirations and professional capacities of women, as well as regarding the role of men and women roles in society. The Committee also asks the Government to provide information on the findings of the study on inequalities based on gender, with respect to equal remuneration for men and women for work of equal value.
Monitoring of the application. The Committee recalls that section 118 of the Labour Code of 2006 provides for equal remuneration for men and women for work of equal value and that section 117 defines “salary” according to Article 1(a) of the Convention. With respect to the application of these provisions in practice, the Committee notes that, according to the Government’s report, labour inspectors who monitor their application have not detected any cases nor have they received any complaints concerning equal remuneration. The Committee notes that the Government indicates that the Labour Tribunal has rendered a decision concerning discrimination in remuneration and based it on the Convention. The Committee wishes to draw the Government’s attention to the fact that the absence or the low number of discrimination cases or complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee also considers that this situation could be due to insufficient monitoring measures. In this regard, the Committee welcomes the measures taken by the Government to improve the means of the labour inspectorate, including the reinforcement of the staff needs and material needs and the creation of new inspection areas. The Committee asks the Government to indicate the concrete measures taken to raise awareness among workers, employers and their organizations on relevant legislation and to reinforce the methods used by labour inspectors, judges and other public officials to detect and address cases of inequalities in remuneration between men and women. Noting that a programme has been launched to modernise the administration of work, the Committee hopes that the Government will take this opportunity to organize training and awareness-raising activities for labour inspectors and other labour officers on the principle of the Convention and, in particular, on the concept of “work of equal value”. Please forward a copy of the decision rendered by the Labour Tribunal on discrimination in remuneration, which has not been provided.
Statistics. The Committee notes the Government’s indication that there is no reliable and updated system of information concerning the labour market. The Committee notes that the programme on the modernization of the administration of work aims to improve the collection, management and evaluation of data in the labour market. The Committee hopes that the Government will soon be able to provide statistical data, disaggregated by sex, on the distribution of men and women in employment and occupation, both in the public and private sectors, by occupation and sector of activity, if possible, and on their respective levels of earnings, and asks the Government to provide this information as soon as it is made available.

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:

Article 1 of the Convention. Legal provisions. The Committee notes sections 117 and 118 of the new Labour Code guaranteeing equal remuneration for work of equal value for men and women. Section 117 provides a broad definition of “salary” containing all elements of remuneration set out in Article 1(a) of the Convention, while section 118 requires employers to ensure equal remuneration for the same work or work of equal value for all workers, irrespective of their nationality, sex, age or status. The elements of remuneration should be established on the basis of the same criteria for men and women, and professional categories and classifications, and criteria for promotion should be common to both sexes. Job evaluation methods should be based on objective considerations based essentially on the nature of the tasks to be performed. The Committee asks the Government to provide information on the practical application of sections 117 and 118 of the Labour Code, including information on the number, nature and outcome of any cases concerning unequal remuneration between men and women addressed by the labour inspectorate or the courts.

Article 2. Application of the principle by means of collective agreements. The Committee recalls previous indications by the Government that, after the adoption of the Labour Code 2006, the social partners would renegotiate most existing collective agreements in order to ensure that no gender stereotypes are being used in the evaluation of posts listed in collective agreements. The new Labour Code having been adopted, the Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the interoccupational collective agreement, so that no differentials occur between men and women as regards remuneration. Please also provide examples of any collective agreements incorporating the principle of equal remuneration of men and women for work of equal value.

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

Part V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

Article 1 of the Convention. Legal provisions. The Committee notes with interest sections 117 and 118 of the new Labour Code guaranteeing equal remuneration for work of equal value for men and women. Section 117 provides a broad definition of “salary” containing all elements of remuneration set out in Article 1(a) of the Convention, while section 118 requires employers to ensure equal remuneration for the same work or work of equal value for all workers, irrespective of their nationality, sex, age or status. The elements of remuneration should be established on the basis of the same criteria for men and women, and professional categories and classifications, and criteria for promotion should be common to both sexes. Job evaluation methods should be based on objective considerations based essentially on the nature of the tasks to be performed. The Committee asks the Government to provide information on the practical application of sections 117 and 118 of the Labour Code, including information on the number, nature and outcome of any cases concerning unequal remuneration between men and women addressed by the labour inspectorate or the courts.

Article 2. Application of the principle by means of collective agreements. The Committee recalls previous indications by the Government that, after the adoption of the Labour Code 2006, the social partners would renegotiate most existing collective agreements in order to ensure that no gender stereotypes are being used in the evaluation of posts listed in collective agreements. The new Labour Code having been adopted, the Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the interoccupational collective agreement, so that no differentials occur between men and women as regards remuneration. Please also provide examples of any collective agreements incorporating the principle of equal remuneration of men and women for work of equal value.

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:

…

Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements. With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements. With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics. The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

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 2 of the Convention. Application of the principle by means of collective agreements.  With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics.  The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

1. Article 2 of the Convention. Application of the principle by means of collective agreements.  With reference to its previous request concerning the use of gender stereotypes in the appraisal of posts listed in collective agreements, the Committee notes the Government’s statement that once the revision of the Labour Code is concluded, in principle by the end of 2004, the social partners will most likely undertake steps to renegotiate the existing collective agreements. The Committee asks the Government to provide information on any steps taken to encourage the social partners to avoid the use of gender stereotypes and gender bias in the renegotiation and conclusion of existing and future collective agreements, including the inter-occupational collective agreement, so that no differentials occur between men and women as regards remuneration. It also hopes that the Government will soon be in a position to send a copy of the revised Labour Code as well as copies of any relevant collective agreements.

2. Article 4. Cooperation with the social partners. The Committee notes the Government’s statement with regard to the decisions taken by the National Council for Labour and Social Legislation to apply the Convention. The Government’s report does not, however, contain any specific information on the concrete activities through which the Council is promoting the implementation of the principle of equal remuneration for work of equal value. It hopes that the Government will provide such information with its next report.

3. Parts III and V of the report form. Practical application and statistics.  The Committee notes from the statistics of 2004 attached to the Government’s report on Convention No. 111 that women make up only 21.4 per cent of the employees in the public service and are concentrated in the health and education ministries and to a lesser extent in the ministries for economy, agriculture and the promotion of women. The statistics further show that women continue to be under-represented in higher job categories and decision-making posts (with women representing only 12 per cent of the employees in level A1 and 12.5 per cent in level A2). The Committee notes that the Government’s report does not include the requested information on the results achieved by the Ministry for the Advancement of Women and Social Affairs to address the issue of occupational segregation and to promote women’s access to better paid higher status jobs and managerial positions in the public sector. As such action helps to promote the application of the Convention, the Government is asked to provide such information with its next report. Noting also the Government’s statement that no statistics are available on the earnings of men and women in the public and private sectors, the Committee wishes to point out that such information is needed in order to assess how the principle of equal pay for men and women for work of equal value is applied in practice. It encourages the Government to work towards the compilation of such statistical information and asks the Government to provide whatever information is available on the earning levels of men and women, by branch, economic activity and occupation in both the public and private sectors.

4. Part III of the report form. Enforcement by the labour inspectorate. With reference to its previous request on the difficulties encountered by the Inspectorate for Labour and Labour Legislation in enforcing the principle of equal remuneration for work of equal value, the Committee notes that the Government wishes to undertake a study outlining the difficulties encountered by labour inspectors in enforcing the principle and assessing their training needs. The study would provide the basis for a future training programme in this area. The Committee reminds the Government that it might wish to ask for assistance from the Office in this regard and in the meantime encourages the Government to undertake every action to improve the capacity of the labour inspectorate to ensure the application of the principle of the Convention.

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

The Committee notes the Government’s report.

1. With reference to its previous direct request, the Committee notes from the Government’s report that a list of the different posts with an indication of the qualifications required is attached to each collective agreement. Noting that no copies of collective agreements have been supplied, the Committee hopes that the Government will include in its next report copies of such agreements, including the annexes, to enable the Committee to determine whether gender stereotypes or any other kind of gender bias have occurred in the appraisal of the posts listed in the annexes to the agreements. It also hopes that the interoccupational collective agreement will be negotiated soon and that there will be no differential between men and women workers in the granting of travel allowance.

2. The Committee hopes that progress will be made soon in the adoption of the final draft of the Labour Code and that it will contain provisions which implement the Convention. Please provide the Office with a copy once it is adopted.

3. The Committee notes that the Government’s report does not contain any information on the results achieved by its efforts to promote the participation of women in the labour market and on the activities of the Ministry for the Advancement of Women and Social Protection. It hopes that the Government will be in a position to provide such information in its next report, as well as the statistics requested on the average earnings of men and women in public or private enterprises, in accordance with the General Observation of 1998 concerning this Convention.

4. The Committee notes the Government’s statement that it has re-established the National Council for Labour and Social Legislation, which is a body for dialogue and tripartite cooperation through which, henceforth, the collaboration intended by Article 4 of the Convention will operate. It asks the Government to indicate the concrete activities through which the National Council promotes the implementation of the principle of equal remuneration for work of equal value.

5. The Committee notes that for the seventh consecutive year the Government continues to declare that the Inspectorate for Labour and Labour Legislation has not observed any difficulties in the application of the Convention. It refers the Government once again to paragraph 253 of its General Survey of 1986 on equal remuneration in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily give rise to difficulties. The Committee trusts that the Government will make every effort to provide information, in its next report, on the manner in which the Inspectorate for Labour and Labour Legislation enforces the principle of equal remuneration for men and women for work of equal value. It also hopes that the Government will consider holding courses on international labour standards, particularly on Convention No. 100, for example, in the context of the inspectors’ training programme, and will undertake whatever other measures deemed appropriate to strengthen the capacity of the labour inspectors to detect, investigate and remedy inequalities between men and women with respect to remuneration.

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

The Committee notes the Government’s report.

1. The Committee notes that the Government is committed to taking the necessary steps, when the interoccupational collective agreement is next negotiated, to ensure that there is no gender discrimination between workers in the granting of travel allowance. The Committee asks the Government to provide a copy of the interoccupational collective agreement as soon as it has been negotiated. The Committee notes from the information supplied by the Government that wage rates are fixed in collective agreements on the basis of job appraisals, and asks the Government to take the necessary steps to ensure that the negotiation of collective agreements excludes gender stereotypes or any other kind of gender bias in the appraisal of jobs. It also asks the Government to send copies of the collective agreements.

2. The Committee notes that in preparing the new Labour Code the Government received technical assistance from the ILO for the countries of the Council of the Entente. It also notes that the Office’s observations were taken into account in the final draft of the Code, and asks the Government to provide a copy of the latter once it is adopted.

3. The Committee notes that the Government has undertaken to provide information on the results achieved by its efforts to promote the participation of women in the labour market and on the activities of the Ministry for the Advancement of Women and Social Protection. It hopes that the Government will be in a position to provide such information in its next report. It further notes that the Government intends, as soon as conditions allow, to provide the statistics requested on the average earnings of men and women in public or private enterprises. In this regard, it asks the Government to refer to its general observation of 1998 concerning this Convention.

4. The Committee again notes the Government’s statement that the Inspectorate for Labour and Labour Legislation has had no difficulty in applying the provisions of the Convention. It would again refer the Government to paragraph 253 of its General Survey of 1986 on equal remuneration in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily unearth difficulties. The Committee hopes that the Government will consider holding courses on international labour standards, particularly Convention No. 100, for example, in the context of the inspectors’ training programme.

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

The Committee notes the Government's indications in its report and the tables indicating the numbers of men and women employed at the different levels of state services.

1. The Committee notes that the Government repeats its previous reply concerning the provision on the transfer allowance contained in the inter-occupational collective agreement and reproduced in all the sectoral collective agreements. However, it hopes that the Government will take the necessary measures, when the inter-occupational collective agreement is next negotiated, to ensure that the terms of this provision clearly provide that no distinction shall be made in the allocation of the allowance on the grounds of the sex of the worker.

2. The Committee notes that a new Labour Code is currently being prepared and that the draft text takes into account its comments concerning the establishment of the principle of equal remuneration for work of equal value. It requests the Government to keep it informed of the progress made in preparing the draft text and recalls that the Government may, if it so wishes, request the opinions and comments of the ILO on any draft labour legislation.

3. The Committee notes the data concerning the distribution of men and women at the various levels in public employment, which reveal very clear differences in their distribution at almost all levels. The Committee notes that, according to the report on the situation of women in the member States of the West African Economic and Monetary Union (WAEMU), which is appended to the Government's report for Convention No. 111, the Government of Togo, in its awareness of the problems related to the situation of women in the country, has developed action plans to promote the participation of women in the labour market, particularly through measures to encourage the access of girls to education at all levels. The Committee requests the Government to pursue its efforts in this respect and to keep it informed of the results observed in practice. In particular, it requests the Government to provide it with information on the activities of the Ministry for the Promotion of Women and Social Protection, and the activities undertaken within the framework of the plan of action for the promotion of women in Togo, which is referred to in the national report of Togo on the situation of women presented to the Fourth World Conference on Women held in Beijing in 1995, as well as statistical data as provided in the above report.

4. The Committee once again notes the Government's statement that the inspectorate of labour and social legislation has not encountered any difficulties in the application of the Convention. It wishes once again to refer the Government to paragraph 253 of its 1986 General Survey on equal remuneration, in which it emphasizes that by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle contained in the Convention will necessarily unearth difficulties. The Committee therefore needs to be provided with precise and concrete information in order to enable it to assess the effect given to the Convention in practice. While noting that the Government is not in a position to provide it with the requested statistics on the average earnings of men and women in public and private enterprises, the Committee nevertheless requests it to endeavour to compile and transmit such information, in so far as possible. It also requests the Government to refer to its general observation of 1998 concerning this 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 that the Government's brief report replies to its previous comments by stating that the situation has not changed since the last report and that the information requested will be transmitted as soon as it is available. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

The Committee notes that the Government's brief report replies to its previous comments by stating that the situation has not changed since the last report and that the information requested will be transmitted as soon as it is available. The Committee hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

2. Noting that the report contains no reply to its other comments, the Committee hopes that the Government will provide full information in its next report on the points which it raised in its previous direct request which read as follows:

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

The Committee notes the Government's brief report.

1. With reference to its previous direct requests concerning certain provisions of collective agreements which appear to discriminate on grounds of sex, particularly the provision granting a transfer allowance to male workers, the Government states that there is nothing to prevent this allowance from being granted to a married woman if she qualifies for it. The Committee asks the Government to keep it informed of developments in the situation, for instance by providing copies of recent collective agreements which will enable it to verify the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women.

2. Noting that the report contains no reply to its other comments, the Committee hopes that the Government will provide full information in its next report on the points which it raised in its previous direct request which read as follows:

(...)

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

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

1. The Committee notes the Government's indication that it has taken note of the Committee's wish concerning the transfer allowance for married women. It hopes that the Government will provide information in its next report on the measures taken or envisaged to amend the provisions of collective agreements (article 31 of the commerce collective agreement and article 44 of the industries' collective agreement) under which the grant of a transfer allowance and related entitlements appears to be limited to male workers. Please refer in this connection to the Committee's 1986 General Survey on Equal Remuneration, paragraphs 226 to 238, in which it indicates the authority's role in supervising the lawfulness of the clauses of collective agreements, and the establishment of the principle of equal remuneration in collective agreements.

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.

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

The Committee notes that the Government's report does not supply full and detailed information on the matters raised in its previous direct request. It hopes that the next report will contain the information requested on the following points.

1. With reference to the Government's previous statement that vocational skills are the proper criterion for evaluating the work or services to be performed, the Committee once again requests the Government to supply information on the methods and criteria used in the job appraisal system to determine the value of the work or services to be performed and to indicate whether this system uses objective criteria that ensure real equality in remuneration when men and women perform work of a different nature but of equal value.

2. The Committee notes the Government's previous statement that, since there is no provision which prohibits the grant of a transfer allowance to women workers when the worker concerned is a married woman, women should be entitled to such allowance. Since collective agreements appear to limit the entitlement to a transfer allowance to male workers, by referring to "his wife", the Committee hopes that the Government will take the appropriate measures to remove any ambiguity regarding this matter. It once again requests the Government to supply information in its next report on the progress achieved in this respect.

3. The Committee notes that, according to the report, the established wage scales applicable in the public service do not take into account the sex of the workers. It requests the Government to provide a copy of these wage scales, which were referred to as being appended to the report, but which have not been received. It would also be grateful to be provided with statistics on the percentage of women in relation to men employed at the various levels in the public service and in public and private enterprises which employ a significant number of women workers.

4. The Committee notes that supervision of the application of the law is carried out by means of inspection visits in enterprises by the labour inspection services. It requests the Government to supply information on the results of these visits (violations reported and penalties imposed) with regard to the application of the principle of equal remuneration for men and women workers for work of equal value.

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

The Committee takes note of the Government's report.

1. The Committee notes the Government's statement that occupational qualification is the proper criterion for evaluating work or services to be performed. The Committee refers to the indications in paragraphs 19 to 23 and 44 to 65 of its General Survey of 1986 on equal remuneration and again asks the Government to provide information on the methods and criteria used in the job appraisal system to determine the value of work or services to be performed and to indicate whether this system uses objective criteria that ensure real equality in remuneration when men and women perform work of a different nature but of equal value.

2. The Committee notes the Government's statement that, since there is no provision which prohibits the grant of a transfer allowance to women workers when the worker concerned is a married woman, women should be entitled to such allowance. In this connection, the Committee refers to paragraphs 226 to 238 of its General Survey of 1986 mentioned above in which it indicates the role of the authorities in supervising the legality of the clauses in collective agreements and the inclusion of the principle of equal remuneration in such agreements. Since the collective agreements appear to limit the entitlement to a transfer allowance to male workers, by referring to "his wife", the Committee hopes that the Government will shortly take appropriate measures so as to remove any ambiguity regarding this matter, and asks it to continue to provide information on any progress made in this respect.

3. The Committee notes Decree No. 69-113 of 28 May 1969 establishing common procedures for the application of the general conditions of employment of the public service. It asks the Government in its next report to provide the wage scales applying in the public service, indicating the distribution of men and women in the various grades.

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

The Committee notes the information provided by the Government in its report, in answer to its previous comments.

1. In its previous comments, the Committee requested the Government to provide particulars of the application of the principle of equal remuneration where men and women, in practice, perform work of a different nature but of equal value. It referred to section 88 of the Labour Code and to sections 24 and 25 of the Togolese Inter-occupational Collective Agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers irrespective of their nationality or national extraction, sex, age or status.

The Committee notes with interest the statement that the value of the work is the only criterion used in determining remuneration where men and women perform work of a different nature but of equal value.

The Committee also notes that, in the public and private sectors, there is a system for appraising jobs which is based essentially on the value of the service to be performed and not on sex. It notes in addition that, in section 39 of the Collective Agreement of Togolese Industries, workers are classified in categories and grades and that their classification depends on the job they hold in the enterprise. Furthermore, section 24 of the same Agreement stipulates that the wage of each worker shall be determined according to the job (and hence the classification) assigned to him or her in the enterprise.

The Committee asks the Government to provide information on the methods and criteria used in the job appraisal system mentioned in the report to determine the value of the work or services to be performed. It asks the Government in particular to indicate whether this appraisal system uses objective criteria which ensure real equality of remuneration where men and women perform work of a different nature but of equal value.

2. The Committee notes that section 31 of the Collective Agreement of Togolese Commerce and section 34 of the Collective Agreement of Togolese Industries provide that if a worker is called upon to exercise his occupation in a place other than his usual place of employment but within the geographical limits laid down in his contract, he or she is entitled to a transfer allowance. Furthermore, if the transfer lasts for longer than six months and is outside the prescribed geographical limits, the worker may be joined by his or her family at his or her employer's expense.

The Committee notes, however, that the above Collective Agreements appear to limit the entitlement to transfer allowance to male workers, particularly as they refer to "his wife". It requests the Government to state whether the transfer allowance and other benefits are granted when the worker who is transferred is a married woman accompanied or joined by her husband and dependent children.

3. The Committee notes from the report that, where both spouses are public servants, family allowance is paid to the spouse who declares the children for this purpose.

4. In its previous comments, the Committee asked the Government to supply copies of the decrees issued under sections 2 and 38 of the Ordinance of 4 January 1968 to establish the general table of wage rates, the maximum and minimum rates, etc., and in particular the special conditions of employment of departments employing a high proportion of women. In its reply the Government states that there are no special conditions of employment for departments employing a high proportion of women. The Committee again asks the Government to provide copies of the above-mentioned decrees and to indicate the departments employing a high proportion of women.

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