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Trade union comments. The Committee refers to its previous comments on a communication of 26 October 2006 from the National Confederation of Senegalese Workers (CNTS) drawing attention to wage inequality between men and women caused by family-related tax benefits granted only to men. The Committee notes from the Government’s report that following the adoption in January 2008 of Act No. 2008-01 amending certain provisions of the General Tax Code, the tax advantages previously granted only to male workers are now granted to women workers as well. The Committee asks the Government to provide information on the application of this provision in practice, including information on any judicial and administrative rulings handed down in this connection. Please also provide a copy of the abovementioned Act.
Articles 1 and 2 of the Convention. With regard to section 105 of the Labour Code, which provides that where conditions of work, professional qualifications and output are equal, wages shall be equal for all workers without distinction as to sex, the Committee notes the Government’s statement that, in its opinion, the reference to the concept of output allows fair comparison of different jobs for the purpose of applying the principle of the Convention. The Committee nevertheless draws the Government’s attention to paragraph 54 of its General Survey of 1986 and points out in particular that, as experience has shown, “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. Consequently, the Committee stresses that the focus should be more on the “nature of the work”, which affords an objective basis for a comparison of tasks. The Committee urges the Government to take this into account in applying the principle of the Convention and asks it to send detailed information on all measures taken or envisaged to this end. It also asks the Government to provide information on any breaches of section 105 reported by the labour inspectorate, how they were resolved and any relevant judicial decisions.
Article 3. Objective job evaluation. While noting that the Government is exploring measures to improve methods for evaluating jobs objectively, the Committee draws the Government’s attention to its general observation of 2006. It points out in particular that in order to determine whether different jobs are of equal value, it is necessary to examine the tasks involved on the basis of criteria that are entirely objective and non-discriminatory, such as the skills they require, the effort, the responsibilities and the conditions of work. The Committee asks the Government to provide information on progress made in promoting objective job evaluation free from gender bias.
Statistical information. The Committee notes that, according to the Government, no statistical information is available. The Committee hopes that the Government will be in a position to provide in its next report full statistical information on the remuneration of men and women in the various sectors and branches of economic activity.
1. Trade union comments. The Committee notes the comments made by the National Confederation of Senegalese Workers (CNTS) concerning the application of the Convention, which were forwarded by the Government in a communication dated 26 October 2006. CNTS considers that women receive lower remuneration than men for work of equal value due to family-related fiscal advantages being granted only to men. In its reply, the Government states that family status may influence the level of remuneration and that the question of equal remuneration in this context is under examination. The Committee asks the Government to provide further information on this matter and the measures taken to promote and ensure the full application of the principle of equal remuneration for men and women for work of equal value.
2. Articles 1 and 2. Equal remuneration for work of equal value. The Committee recalls that section 105 of the Labour Code provides that, in equal working conditions, professional qualifications and output, the salary shall be equal for all workers irrespective of origin, sex, age or status. The Committee stated previously that, while criteria such as a worker’s skills or output allow a comparison of the tasks performed by different persons carrying out work of the same or similar nature, they do not provide a sufficient basis for the application of the principle laid down in the Convention, particularly where men and women, in practice, carry out work which is of a different nature but nevertheless of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken to bring section 105 of the Labour Code into full conformity with the Convention. The Committee also asks the Government to provide information on the practical application of section 105 of the Labour Code, including information on any violations found by the labour inspectorate, and remedies provided, as well as relevant court decisions.
3. Article 3. Objective job evaluation. The Committee recalls that in the public service, job categories and grades are based on the level of the required diploma, and the length of the training or education received. It notes the statistical information provided by the Government concerning the distribution of men and women in the different job categories and grades, and the level of remuneration attached to them. Regarding the private sector, the Government stated in a previous report that the criteria used by the tripartite interoccupational commission to determine wages were based on the characteristics of the post and qualifications of the worker. The Committee notes that criteria such as educational attainment are unrelated to sex and may thus be used in the determination of remuneration. However, the Committee also recalls that the Convention emphasizes the work or tasks actually performed as a basis for analysing and classifying jobs with a view to determining remuneration, which presupposes the use of some method to evaluate jobs in an objective manner. Particular care must be taken to ensure that there is no gender bias in the selection and weighting of criteria, as criteria traditionally associated with “female” jobs are often undervalued. The Committee therefore asks the Government to indicate in its next report any measures taken to promote objective job evaluation on the basis of the work performed in the private and public sectors.
4. Statistical information. The Committee asks the Government to provide full statistical information on the remuneration received by men and women, in the different sectors and branches of economic activity, as soon as such data becomes available.
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 in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.
2. Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.
1. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 September 2003. Noting that the issues raised relate to the application by Senegal of Convention No. 111, the Committee refers to its comments on that Convention.
2. The Committee notes the information in the Government’s brief report which does not provide any reply to the points raised in its previous direct request. The Committee must therefore repeat its previous comments which read as follows:
(a) Article 2. Application of the principle in the public service. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.
(b) Article 2 and Part V of the report form. Application of the principle in the private sector - statistics and practical measures. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.
The Committee notes the comments sent by the International Confederation of Free Trade Unions (ICFTU) dated 23 September 2003, which contain information concerning the application of the Convention. These comments were forwarded to the Government on 20 October 2003 and the Committee will address them at its next session, together with any response the Government may make to these comments and to the direct request made in 2002.
The Committee notes the brief information contained in the Government’s report.
1. The Committee notes the information that the criteria used for classification within the various ranks of workers in the public service are based on level of diploma and the length of vocational training. However, it notes that the information provided does not enable the Committee to evaluate the application in practice of the principle of equal remuneration of men and women workers for work of equal value. Please provide information on the number of men and women in each level of classification and the corresponding levels of remuneration.
2. The Committee reiterates its earlier reminder to the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle of equal remuneration for men and women workers for work of equal value, by means appropriate to the methods in operation for determining rates of remuneration in the country. Even where the State does not intervene in the determination of wages, it must promote the application of the principle. The Committee is therefore bound to reiterate its earlier request to the Government to provide with its next report statistical data on the distribution of men and women, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to provide information with its next report on labour inspection activities relating to the application of the principle of equal remuneration for men and women workers for work of equal value and to provide information on any measures adopted or envisaged to improve the skill levels of women and their access to decision-making positions.
The Committee notes the Government’s brief report.
1. The Committee notes the scales determining the wages of workers in a number of sectors, as a function of the category and type of job (employees, supervisors, technicians and similar workers, higher level managers, engineers and similar workers, etc.). It asks the Government to indicate the criteria used by the joint inter-occupational commission for the classification of workers. Noting the Decree of 19 October 1992 respecting the classification, indices and steps in the public service, it asks the Government to provide information on the criteria used for classification within the various ranks (A to E), in addition to educational levels. It once again refers the Government to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration concerning direct or indirect discrimination based on sex.
2. The Committee once again hopes to receive, as soon as they are available, statistical data on the distribution of men and women at the various wage levels, if possible by occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women employed in agricultural and allied occupations, or as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also asks the Government to refer to its 1998 general observation on this Convention.
3. The Committee notes that the Government’s report does not reply to the matters raised in points 3 and 4 of its previous direct request, which read as follows:
3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that, under Article 2 of the Convention, a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote the application of the principle. In this connection, the Committee draws the Government’s attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed in its previous direct requests that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the joint inter-occupational commission to categorize workers. It also requests the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.
4. The Committee notes the Government’s indication that infringements in respect of wages represent 30 to 35 per cent of the infringements reported by the labour inspectorate. It notes the Government’s indication that a large proportion of these infractions stem from employers’ insolvency and from ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers’ knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.
The Committee asks the Government to reply to these matters in its next report.
The Committee notes the Government's report.
1. The Committee notes that wage scales which the Government had indicated would be attached to the report have not been sent since they are currently being updated, and requests the Government to send the information when it is ready. It also notes the Government's indication that the statistics requested as well as those promised are not available. Nevertheless, the Committee once again hopes to receive, as soon as available, statistical data on the distribution of men and women at the various wage levels, and if possible according to occupation, branch of activity, length of service and level of qualification, and in particular on the percentage of women workers employed in agricultural and allied occupations, as domestic and household staff, as well as on the distribution of men and women at the various wage levels in these sectors and in the food industry. It also requests the Government to refer to its 1998 general observation regarding this Convention.
2. In respect of the public sector, the Committee notes that the Government has promised, for a number of years, to supply a copy of the decrees applying section 27 of the 1961 Public Service Regulations, which the Committee has been requesting since 1988. The Committee hopes that the Government will be able to supply this information in its next report.
3. Concerning the application in practice of the principle of equal remuneration, the Government indicates that there is no distinction or discrimination made against women in respect of remuneration, whatever the sector of activity. The Committee reminds the Government that under Article 2 of the Convention a State which ratifies the Convention is obliged to ensure the application in practice of the principle, by means appropriate to the methods in operation for determining rates of remuneration. Even where the State does not intervene in determination of wages, it must promote application of the principle. In this connection, the Committee draws the Government's attention to paragraphs 24 to 30 of its 1986 General Survey on equal remuneration. Noting that section 105 of the new Labour Code adopted on 1 December 1997 is the same as section 104 of the former Labour Code of 1961 and the Inter-Occupational Collective Agreement of 1982, the Committee recalls having observed, in its previous direct requests, that as such, the terms used did not provide a sufficient basis for the application of the principle enshrined in the Convention, particularly in cases where men and women undertake work of a different nature but of equal value. It once again asks the Government to indicate the criteria used by the Joint Inter-Occupational Committee to categorize workers. It also asks the Government to refer to paragraphs 22 and 23 of its 1986 General Survey on equal remuneration which deal with direct and indirect discrimination based on sex.
4. The Committee notes the Government's indication that infringements in respect of wages represent 30 to 35 per cent of infringements reported by the labour inspectorate. It notes the Government's indication that a large proportion of these infractions stem from employers' insolvency and ignorance of wage rights on the part of employees. It requests the Government to continue in its efforts to promote employers' knowledge and effective application of labour laws. It also requests the Government to supply information on the manner in which infringements in respect of equal remuneration are remedied.
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 report, particularly the fact that it has undertaken to communicate to the Committee, as soon as they are available, the statistics on the percentage of women workers in the agricultural and allied occupations and domestic and household staff, and the distribution of men and women at the various wage levels in these two sectors, and in another sector largely occupied by women, the food industry. With regard to the public sector, the Committee notes that the Government has also promised to supply copies of the decrees implementing section 27 of the Public Service Regulations. Observing that one difficulty encountered by governments in applying this Convention arises from lack of knowledge of the actual situation due to the absence or inadequacy of data and research in this sphere, the Committee expresses the hope that the Government will be in a position to supply this information in its next report, along with the scale of wages determined by the Minister of Labour's order, mentioned as being attached to the report but which has not been received.
2. Noting that the Government has not replied to its previous comments on the application in practice of the principle of equal remuneration, the Committee would be grateful if the Government would indicate in its next report:
(a) the measures taken or contemplated to promote or ensure the effective application of the principle of equal remuneration for men and women workers for work of equal value, in accordance with Article 2 of the Convention;
(b) the percentage of offences concerning application of the principle enshrined in the Convention in regard to the wage infringements recorded along with the measures taken by the labour inspectors to remedy cases of infringement of laws and regulations on the matter; and
(c) whether an employer's insolvency has consequences for the application of the principle of equal remuneration for men and women.
1. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these workers' wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.
So that it can ascertain that the principle of equal remuneration for work of equal value is effectively applied, the Committee would appreciate receiving statistics on the percentage of women covered by the two Orders mentioned above and the distribution of men and of women at the different wage levels, particularly in these two sectors, and in the food industry (see previous comments).
2. The Committee notes the Government's statement that the number of infringements of wage rules recorded by the Labour Inspectorate is still rising. It adds that measures will be taken to ensure protection of employees against the insolvency of their employer. The Committee asks the Government to indicate whether insolvency of the employer has given rise to problems as regards equal remuneration between men and women workers. The Committee again requests the Government to provide information on the measures taken or envisaged to remedy cases of infringement of laws and regulations on the equality of remuneration between men and women reported by the Labour Inspectorate, and on any other measure taken to ensure or promote the effective application of the principle of equal remuneration for work of equal value.
3. With regard to the public sector, the Committee notes that, according to the report, measures will be taken in the future to provide the Decrees implementing section 27 of the Public Service Regulations (Act No. 61-33 of 15 June 1961). It hopes that these Decrees which, according to the Government, were enclosed with a previous report, but which the Office has not received, will be sent with the next report. Please also provide the information requested in the previous comments on any job evaluation scheme which may be in operation in this sector.
With reference to its previous direct requests, the Committee notes the information provided by the Government in its report.
1. The Committee notes the Government's indication that, since there are no collective agreements governing occupations in agriculture or domestic and household staff, the Government periodically orders the adjustment of these worker's wages when the joint committees provided for in collective agreements increase wages in the other sectors. In this connection, it notes with interest that following the adoption of Decree No. 85-042 of 12 January 1985 fixing the guaranteed minimum inter-occupational and agricultural wages, the Government issued Order No. 001043 of 4 February 1986 fixing wages by occupational category for agricultural and allied workers, and Order No. 001044 of 4 February 1986 fixing different levels of minimum wages for domestic and household staff. It also notes that, according to the report, this institutional practice may not and must not be a source of discrimination in respect of equal remuneration.
The Committee notes the information supplied by the Government in its report in reply to its previous direct requests, as well as the attached documents.
1. The Committee notes the Government's statement that women workers are generally employed in the food industry and in branches of agriculture, and as household staff. The Committee would be grateful if the Government would supply information on the effect given to Ministerial Order No. 974 MFPTDE-DTSS of 23 January 1968 to determine the general terms and conditions of employment of domestic servants and household staff, so that it can ensure that the principle of equal remuneration for work of equal value is applied. It also requests the Government to supply information in its next report on the distribution of men and women employed at different levels, in sectors in which a large number of women are concentrated, and in particular in the food industry.
2. The Committee notes that in branches of the economy which are not covered by a collective agreement, wages are fixed by order of the Minister of Labour. It requests the Government to supply copies of the ministerial orders that have been adopted concerning economic branches which are not covered by a collective agreement (for example, in respect of domestic servants and the agricultural professions).
3. The Committee notes that the violations of wage regulations reported by regional labour inspections are increasing and would be grateful if the Government would supply information on the measures taken to remedy cases in which these rules are not applied, as well as any other measures which have been taken or are envisaged to ensure or promote the effective application of the principle set out in the Convention.
4. With regard to the public sector, the Committee notes that the report does not give details on the remuneration scheme fixed by Act No. 61-33 of 15 June 1961 and once again requests the Government to forward any decrees which may have been issued under section 27 of this Act to determine remuneration and benefits, as well as to regulate any supplementary emoluments (the texts issued under Act No. 61-33 were referred to as being attached to the report, but have not been received). Please also specify whether a job classification system is currently in operation.
1. As concerns the private sector, the Committee noted in its previous comments that section 104 of the Labour Code provides that for equal conditions of work, occupational qualification and output, wages shall be equal for all workers. It noted that the same provisions are contained in the inter-occupational collective agreement. The Committee referred to paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration, pointing out that provisions of this kind can be taken to allow wage discrimination on the basis of sex, depending on how they are applied in practice.
The Government has sent with its report, a copy of the above-mentioned collective agreement which, in section 36, provides that "the wages of each worker are determined on the basis of the job which he occupies". The collective agreement goes on to provide, in section 39, for a system of occupational categories, for which wages are determined by a Joint Inter-occupational Wages Committee. This appears to correspond to a job-evaluation system for fixing wages.
The Committee therefore requests the Government to provide with its next report a copy of the wages scale presently applicable, together with an indication of any categories in which there is a high proportion of women workers. Please also indicate what criteria are used in fixing the various categories.
2. Please indicate whether any other collective agreements than the inter-occupational collective agreement are now in force; and whether any sectors of the economy are not covered by a collective agreement. In any such cases, please indicate how rates of remuneration are established.
3. The Committee notes from the report that the labour inspectors ensure that the established wages are paid, and that they rarely note infractions of equality of remuneration. Please provide information in future reports on any developments in this connection.
4. As concerns the public sector, the Committee had noted previously that remuneration is fixed on the basis of the status of each grade, in accordance with Act No. 61-33 of 15 June 1961, and that no distinction is made between the sexes in assigning this status. It again requests the Government to forward any decrees which may have been issued, in accordance with section 27 of the Act, to issue regulations fixing remuneration and benefits, and regulating supplementary wage benefits. Please indicate also any job-evaluation scheme which may be in operation.