Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the information provided by the Government in this and last year’s reports, and attached legislation and statistical tables.

1. Article 1(a). Further to its previous direct request, the Committee notes the Government’s explanations with respect to additional payments excluded from the basic wage, and in particular its confirmation that the term remuneration includes "the basic and ordinary wage and all the emoluments and other benefits paid by the employer to a worker, whether directly and indirectly, in return for his or her work, and without discrimination based on sex".

2. Article 1(b). With respect to section 32 of Act No. 8 of 1980 regulating employment relationships which provides for equal remuneration for men and women for the same work, the Committee notes the Government’s explanation that section 32 applies to equal work as well as to work of equal value. The Government also declares that in practice equal remuneration for men and women is being attained in all cases in similar work, and in work of equal value, without any discrimination based on sex. The Committee asks the Government to provide the concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed in the same establishment, but also to discrimination that may arise out of the existence of occupational categories and jobs reserved for women. In this regard, it also refers the comments made under point 9 of this direct request. Recalling also Paragraph 3(1) of Recommendation No. 90, the Committee urges the Government to consider giving legal expression to the language in Article 1(b) of the Convention.

3. The Committee notes that Federal Act No. 8 of 1980 was amended by Federal Act No. 24 of 1981 to cover also temporary workers and workers employed in small enterprises of a maximum of five workers. It notes, however, that domestic workers and workers of a similar occupation continue to be exempted from Federal Act No. 8 of 1980 and are covered by the Act on Civil Operations. Noting also that a model contract exists for this category of workers that includes a reference to wages, the Committee would be grateful if the Government would supply a copy of the Act on Civil Operations and of the model contract of employment used for domestic workers. It also asks the Government to indicate how the principle of equal remuneration for men and women is applied to domestic workers and workers of a similar occupation.

4. Articles 2 and 3. The Committee notes that according to section 8 of that Federal Act No. 21 of 2001, the Council of Public Service may suggest special rules on wage and salary policies, and it would be grateful if the Government would supply copies of such special rules issued by the Council of Public Service. Noting that the Government indicates that an evaluation of jobs is made in an objective and continuous manner through the competent authorities and within the ambit of the general principle of equality enshrined in the Constitution, the Committee asks the Government to provide information on the criteria used for the classification of posts and determination of salaries in the public service, and to indicate the manner in which the objective evaluation of jobs in the public service is ensuring equal pay for work of equal value. The Committee notes the table annexed to Act No. 21 setting the monthly salaries of public servants ranging from administrative assistant (grades 14 to 11), middle management (grades 7 to 10), senior management (grades 3 to 6) to the most senior-level management (including grade 2 and 1 advisers, assistant to the Director-General and the Director-General). It asks the Government to provide information on the numbers of men and women employees occupying each level and grade.

5. The Committees notes that according to section 63 of Federal Act No. 8 of 1980, the minimum rate of remuneration and the cost of living allowance payable either generally or in the case of a particular area or occupation shall be fixed by decree on the basis of a proposal made by the Minister of Labour and Social Affairs, and after consulting the competent authorities and the workers’ and employers’ organisations. It would be grateful if the Government would supply copies of any such decrees, adopted and to provide information on the methods used by the Minister of Labour and Social Affairs and the social partners for determining minimum rates of remuneration and for ensuring that equal remuneration for work of equal value is applied in decrees fixing minimum rates of remuneration.

6. Further to the above and with reference to its previous request for information on the methods used for the evaluation of jobs and the measures taken or envisaged, the Committee notes the Government’s statement that equal remuneration for work of equal value is ensured through the supervision, revision and certification of all employment contracts in the private sector by a special division within the Ministry of Labour and Social Affairs, before their adoption. While noting the value of this system of supervision for the implementation of section 32 of the Act No. 8 of 1980, the Committee, nevertheless, has to point out that under the terms of Articles 2 and 3 of the Convention, some system has to be in place for the objective evaluation of jobs in which women predominate, alongside those in which men predominate with a view to identifying and correcting cases of wage discrimination that are based on stereotypical perceptions or sexist prejudices which lead to an under-evaluation of jobs principally occupied by women. It, therefore, hopes that the Government will provide information, in its next report, on the manner in which it identifies and eliminates wage differences that may exist in practice between men and women for work of a different nature but of equal value.

7. The Committees notes that regular consultations are being held between the Government and the workers’ and employers’ organizations on matters related to international labour standards, and asks the Government to supply information on the manner in which these consultations are promoting equal pay for men and women for work of equal value.

8. Noting the Government’s statement that the cases reported by the labour inspection mostly concern delays in the prompt payment of wages, the Committee draws the attention of the Government to the fact that due to the lack of knowledge amongst labour inspectors on questions concerning equal pay for work of equal value or the lack of specialized staff, including women inspectors, wage inequalities between men and women may be less easily detected and reported. The Committee asks the Government to indicate whether any measures have been taken or envisaged to strengthen the capacity of the labour inspectors to report on wage inequalities between men and women, for example, by holding courses on international labour standards, particularly on Convention No. 100, or gender equality courses in the context of the inspectors’ training programme. It asks the Government to keep it informed of any cases of wage discrimination detected by the labour inspectorate and by the special unit of the Ministry of Labour and Social Affairs that is responsible for supervising individual employment contracts.

9. The Committee notes the statistics provided by the Government on the wages of women and on the economically active population according to occupation, which is not disaggregated by sex. It also notes the Government’s statement that there are no wage inequalities in the public and mixed sectors because wages are determined according to job level and stage. While fully appreciating the statistical data provided, the Committee recalls that in order to assess the manner in which the Convention is applied in practice, it is necessary to make a comparison between the wages received by men and those received by women, according to their level of occupation. It also recalls that implementing the principle of equal remuneration for work of equal value will necessarily involve difficulties, even when it is generally accepted, because of the complex and evolving nature of the problem and the equivocal character of the various forms of wage discrimination. Noting that the Government indicates that the information on the average earnings of women and men in the private sector will be available in the future, the Committee hopes that the Government will supply this information, in its next report, as well as any other relevant data, disaggregated by sex, in accordance with the 1998 general observation, in order to permit an adequate evaluation of the nature, scope and causes of any wages differences between men and women.