Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the information contained in the Government's report. The Committee also notes that the Bill respecting remuneration to amend the Decree of 9 February 1973 in this regard has not been adopted since it is still in the drafting phase and that the Bill should shortly be submitted to the social partners of the Consultative Labour Committee. The Committee requests the Government to inform it in its next report of any progress achieved in this respect and to provide a copy of the text as soon as it has been adopted.

2. The Committee notes that the Government's report does not respond to point 3 of the Committee's previous direct request concerning the draft study on the evaluation and classification of jobs referred to in the Government's previous reports. The Committee notes, however, the information contained in the Government's report to the effect that the methods for evaluating jobs must take into consideration objective factors essentially based on the description, the difficulty and the element of danger of the work involved as well as the general occupational risks faced by workers (section 31.3(3) of the Labour Code). The Committee also notes the provisions of sections 31.2 and 31.4 of the Labour Code. The Committee requests the Government to provide information on the practical application of all of the provisions used to determine wage rates over and above the minimum statutory wage, taking into account the principle of equal remuneration for work of equal value. The Committee refers the Government to paragraphs 141 and 142 of the General Survey on equal remuneration.

3. The Committee notes that the Labour Code does not include persons appointed to a permanent position of public official in the public administration, to public servants exercising a function in the name of the State or to public legal entities (section 2 of the Labour Code) who are governed by Act No. 92-570 of 11 September 1992 respecting the general statute of public servants. This provides, under section 14 of the Act, in particular, that no distinction should be made between men and women in respect of recruitment to the public service, but that the specific criteria may, in respect of the physical or particular constraints of certain functions, preclude the recruitment of one or other sex. The Committee requests the Government to indicate all the possible consequences of this provision in determining the categories, grades and remuneration of these public servants.

4. The Committee notes that the provisions of section 4 of the Labour Code stipulating that an employer may not take into consideration the sex, age, national extraction, race, religion, political and religious opinion, social origin, membership or non-membership to a trade union and trade union activities of workers to determine, in particular, the advancement, promotion, remuneration and the granting of social advantages, do not apply to workers in the agricultural sector and the economic role of women in the world of work and requests the Government to provide any relevant information concerning the measures adopted to apply the Convention in this sector.