Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

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:

The Committee notes the information supplied by the Government in reply to its previous request as well as the text of the incomes policy guide-lines, 1977/78. Noting also the Government's indication that there are no new legislative or other measures affecting the application of the Convention, the Committee requests the Government to supply with its next report further information on the following points:

1. In respect of the application of the principle of equal remuneration to workers excluded from the scope of the National Minimum Wage Act of 1981 (workers of establishments employing fewer than 50 workers, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping or civil aviation), the Government indicates that these categories of workers in practice are not paid rates that are less than the minimum wage because their employers are invariably members of the Employers' Association who pay rates in accordance with the provisions of the Minimum Wage Act.

The Committee asks the Government to indicate how it is ensured that members of the Employers' Association pay minimum wage rates to workers excluded from the scope of the Minimum Wage Act, and to supply copies of any relevant circulars or codes of conduct adopted by the Employers' Association.

2. The Committee notes that the incomes policy guide-lines, 1977/78, do not distinguish men and women workers in respect of the maximum percentage of increase of wages (A(i) of the guide-lines), and requests the Government to continue to furnish with its reports the most recent version of the same or similar guide-lines. It also notes that, according to the incomes policy guide-lines A(iii) and (iv), the salary review sheets showing the annual increments, merit increments and promotions in the two preceding years together with those for the current year should be forwarded to the Federal Ministry of Labour for checking, and that any change in the level of existing fringe benefits or the introduction of new items of fringe benefits should be submitted to the Federal Ministry of Labour for approval. The Committee requests the Government to provide information on any measures taken or contemplated in this connection to monitor compliance with the principle of the Convention and on any cases of non-compliance noted with regard to wages and such fringe benefits as child allowances and housing.

3. In several previous comments, the Committee requested the Government to furnish the text of the Government regulations that fix the rates of remuneration in the public sector. Noting the Government's indication that remuneration in the Civil Service comes under a unified grading and salary system, the Committee requests the Government to supply copies of any statutory or administrative instruments governing the system of grading and remuneration in the Civil Service, and any other branches of the public sector, including details concerning occupations such as the nursing profession, where a high number of women are employed.

4. The Committee notes that, for some years, the reports of the Government have contained no new information on the application of the principle of the Convention in the private sector. It refers to paragraph 29 of its 1986 General Survey on Equal Remuneration, where it pointed out that the obligation to promote the application of the principle, as well as the obligation to co-operate with the employers' and workers' organisations concerned for the purpose of giving effect to the provisions of the Convention, call for positive action. In the absence of specific legislation or other measures to give effect to the Convention, the Committee requests the Government to indicate in particular how the principle of equal remuneration is applied with regard to wages effectively paid where men and women perform in practice jobs of a different nature but equal value. In this connection, the Government may wish to refer also to paragraphs 44 to 70 of the 1986 General Survey, concerning criteria for "work of equal value", as well as paragraphs 79 and following, concerning the definition of remuneration and paragraphs 102 to 198, concerning a variety of means by which the application to all workers of the principle of the Convention may be furthered.

The Committee accordingly requests the Government to provide full information on the methods adopted or under consideration to promote the application of the principle of equal remuneration to wages above the legal minimum, and also to specify the measures taken to co-operate with the employers' and workers' organisations for the purpose of giving effect to the provisions of the Convention.

5. For some years, the Committee has noted the assurances given by the Government that the texts of collective agreements concluded in sectors employing a comparatively high number of women (for example the nursing profession) will be forwarded for examination. The Committee notes the Government's indication that such collective agreements are national in scope and do not contain special provisions on remuneration of women employees. It hopes that copies of national collective agreements in sectors employing a comparatively high number of women will shortly be supplied by the Government.