Solicitud directa (CEACR) - Adopción: 2003, Publicación: 92ª reunión CIT (2004)

The Committee notes the Government’s report and the attached legislation.

1. Further to its previous comments concerning the enactment of equal pay legislation, the Committee notes the Government’s explanations with regard to the legal provisions guaranteeing equality between men and women, and in particular that article 23(ii)(a) of the Constitution specifies that all workers shall receive wages appropriate to the quantity and quality of work achieved. It wishes to remind the Government that these legal provisions are inadequate for the application of the principle of equal remuneration for men and women workers for work of equal value. The Committee has pointed out on several occasions that, while there is no general obligation to adopt legislation setting forth this principle under the terms of the Convention, doing so is one of the most effective means of ensuring its application. It therefore asks the Government to consider including the principle of equal remuneration for work of equal value in the national legislation.

2. The Committee notes the promulgation of the Civil Service Act No. 55 of 2002. With regard to its previous comments concerning the duality of section 11 (family allowances) of the system of standardized allowances in the public service, the Committee notes that section 35(a) still provides that allowances will be paid to the "wife and children" of public officials. While noting that section 35(d) states that a female public servant shall receive allowances for her children when the father of her children is dead or if he is incapacitated, the Committee asks the Government to clarify whether female employees who are the main breadwinner are entitled to family allowances for their husband and children, even if their husband is able to work. The Committee encourages the Government to amend the current wording of this provision, when the occasion for a revision arises.

3. With regard to its previous comments concerning the differences in wage rates between women and men and the low participation rate of women in the labour market, the Committee notes the Government’s statement that it is currently carrying out a national training programme which provides an opportunity for the increased participation of women in the labour market by training them in certain occupations required by the labour market (i.e. computer applications, industrial needs, tailoring, sales and hairdressing). The Committee asks the Government to continue to provide information on any measures taken and implemented to improve the access of women to the labour market and to indicate whether and how these measures are helping to reduce the existing pay gap between men and women both by increasing employment opportunities in a wider range of sectors of activities and occupations, and in jobs of responsibility.

4. With regard to the public sector, the Committee notes the Government’s statement that a new classification approach was adopted and that a system for classifying and categorizing public sector jobs was set down so as to cover all the certified jobs within an area in conformity with instructions on classifying and describing government jobs. Noting also that the Government states that due account was taken of gender equality, the Committee asks the Government to provide with its next report a copy of the new classification system. In this regard, the Committee notes that section 26(a) of the Public Service Act No. 55 indicates the wages for categories 1 to 3 according to step and grade, and the wages for category 4, according to grade, step and branch of activity, and asks the Government to supply statistical data on the distribution of male and female employees in the corresponding wages scales for categories 1 to 4.

5. With regard to the determination of wages in the private sector, the Committee notes the information provided by the Government that the Council of Ministers decided, on 7 August 2002, to set down minimum wages for workers. In this respect, the Committee recalls the importance of minimum wages in promoting the application of the principle of equal remuneration set out in the Convention, and asks the Government to indicate in its next report whether these are nationwide minimum wages or sector-based minimum wages and to provide copies of any texts.

6. The Committee once again hopes the Government will be in a position to supply statistical data in accordance with its general observation of 1998.