Observación (CEACR) - Adopción: 1992, Publicación: 79ª reunión CIT (1992)

In its previous direct request the Committee noted that the reports supplied by the Government since 1978 have not shed light on the extent to which the Convention is applied in practice. The Government has consistently indicated that the problem of discrimination in remuneration on the basis of sex does not exist in the country and in particular that no provision of the legislation either authorises or envisages discrimination in this respect. It also referred to the job classification systems which, it has indicated, preclude any possibility of discrimination on grounds of sex. The Committee noted that there are no legislative provisions which are discriminatory but nor are there any provisions which forbid discrimination in respect of remuneration on the grounds of sex or which make obligatory the principle of equal pay for men and women workers for work of equal value.

In its last report, the Government reiterates its statement that the principle embodied in the Convention is applied in practice. It states that the provisions of the conditions of employment of the public service relating to job classification on the basis of an objective evaluation of jobs exclude any possibility of discrimination. With regard to the private sector, it refers to section 8 of the Labour Code, which provides that the subcontractor is obliged to provide workers in his service with the same rights and benefits as those given by the initial employer and states that equality is therefore obligatory, and that this includes remuneration, and that by virtue of the principles of legal analogy, the employer is obliged to establish equality between his or her workers in respect of remuneration for equal work and equal working conditions, skills and experience. It concludes that there is therefore no reason to include in the legislation a text affirming equality or prohibiting any discrimination in relation to remuneration. Such a text, in addition to section 8 above, which is a general text that does not provide for any discrimination between workers on grounds of sex, would be completely superfluous.

The Committee notes that under the terms of section 8 of the Labour Code, "if the employer trusts to a natural or juridical person one of his principal operations or any part thereof, the latter shall give his or its employees all the rights and privileges granted by the employer to his own employees and both shall be jointly and severally responsible for such rights and privileges." The Committee requests the Government to indicate the judicial or other decision under which this section is interpreted as imposing upon all employers covered by the Labour Code the obligation of ensuring equality between all employees in their service, and in particular equal remuneration for men and women workers for work of equal value.

The Committee has also noted that, once again, the Government states it is not in a position to supply statistical data relating to the wages of men and women in the private sector.

The Committee draws the Government's attention to Article 2, paragraph 1, of the Convention, under which each Member which has ratified the Convention shall promote and, where appropriate, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. Paragraph 2 of that Article provides that this principle may be applied by means of: (a) national laws or regulations; (b) legally established or recognised machinery for wage determination; (c) collective agreements between employers and workers; or (d) a combination of these various means. The Committee observes that, according to the information supplied by the Government up to the present time, none of these means seems to have been used up to now to implement the principle set out in the Convention and the Government has not taken any positive measures to give effect to the Convention. Moreover, since no statistical data is available, the Committee is unable to assess objectively the extent to which the Convention is applied.

The Committee hopes that the Government will reconsider its position as regards the need for legislative provisions explicitly giving effect to the principles set out in the Convention and that it will indicate in its next report the measures that have been taken or are envisaged in this respect.

In addition, the Committee trusts that the Government will endeavour to collect statistical data on wage rates and average earnings of men and women in the private sector, if possible by occupation, branch of activity, seniority and skill levels, as well as the corresponding percentage for women, and that it will supply this information in its next report.

With regard to the public service, the Committee requests the Government to indicate the functions or jobs corresponding to each of the grades set out in the salary scale for officials and for employees, and the number and percentage of women in the various grades and the functions or jobs that they perform.

[The Government is asked to report in detail for the period ending 30 June 1992.]