Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the information contained in the Government’s report and the attached documentation.

1. The Committee notes from the Government’s report that the draft amendments proposed to sections 26 (non-discrimination) and 46 (equal remuneration) of the Labour Code (Act No. 207 of 26 May 2000 proposing amendments to the Labour Code) are still under examination by the competent authorities. Noting that the current draft text of section 46, amending the Labour Code, sets out the principle of equal remuneration for men and women workers for work of equal value, the Committee hopes that these amendments will soon be adopted and that the Government will supply a copy of the amended text.

2. With regard to the application of the principle of equal remuneration for work of equal value in the public sector, the Committee once again asks the Government to supply the information respecting the scale of positions and salaries in the public sector promulgated in 1998, a copy of which the Government states that it has already been submitted, but which has not been received by the Office. The Committee also notes the Government’s statement that a project has been commenced to carry out job evaluations for permanent public employees, but that the results have not yet been published. The Committee therefore asks the Government to supply a copy of this study once it has been published.

3. The Committee once again asks the Government to supply copies of collective agreements and internal regulations fixing wage scales in the private sector so that it can assess whether the principle of equal remuneration laid down in Article 1 of the Convention is applied in practice. The Committee would also be grateful if the Government would provide examples of job evaluation exercises carried out in the private sector.

4. Recalling that the Labour Code does not cover agricultural and domestic workers, the Committee notes the Government’s statement that a draft law on agricultural workers provides for the payment of the official minimum wage and increased cost of living allowances. The Committee hopes that this draft law will be adopted in the near future and asks the Government to keep it informed of any developments in relation to this draft law and to provide a copy of it once it has been adopted. It also asks the Government to indicate any further measures taken to ensure that men and women agricultural workers are paid equal remuneration for work of equal value.

5. With regard to domestic workers, the Committee notes that these workers are covered by the Act on Contracts and Obligations of 9 March 1932 (as amended) but must once again point out that there is no provision in this Act ensuring that men and women workers receive equal remuneration for work of equal value. The Committee therefore once again recalls that the principle of equal remuneration for men and women workers for work of equal value applies to all workers, including domestic and agricultural workers, and therefore reiterates its requests to the Government to indicate how the principle set out in the Convention is applied to domestic workers. Please also provide any available information on the remuneration paid to domestic and agricultural workers.

6. The Committee notes that Decree No. 3273 of 26 June 2000 on labour inspection repealing Decree No. 14900 of 2 May 1949 applies to all workers covered by the provisions of the Labour Code. It notes in particular that section 2 of Decree No. 3273 provides that "the Department of Labour Inspection, Protection and Safety of the Ministry of Labour supervises the implementation of all labour laws … and the protection of workers in the workplace, including the provisions of ratified international labour Conventions". The Committee asks the Government to supply information on the activities of the labour inspection services to supervise the implementation of the principle of equal remuneration for men and women workers for work of equal value, including the methods used in that regard and providing extracts from inspections reports as well as information on any special training provided to labour inspectors in this connection.