Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Articles 1 and 2 of the Convention. Allowances in the civil service. The Government states that the Federal Civil Service Act No. 21 of 2001 provides for equal wages, allowances, and other emoluments. The Council of Ministers had promulgated a number of orders regarding allowances and emoluments in the civil service, such as a social emolument, children’s allowance, a living index allowance, and allowances for certain qualifications, housing allowance, and a travel and mobility allowance. The Committee asks the Government to provide the texts of the orders regarding these allowances and emoluments.

2. Work of equal value. The Committee recalls that section 32 of Federal Act No. 8 of 1980 regulating employment relationships provides that a woman’s remuneration shall be equal to that of a man where she performs the same work. The Committee has previously pointed out in respect to this provision that the Convention requires the Government to promote and ensure the principle of equal remuneration not only in respect to men and women doing the same type of work, but also in respect to men and women engaged in different types of work but which are nevertheless of equal value when analysed and compared on the basis of objective criteria such as skills, efforts, and difficulty.

3. The Committee notes the Government’s statement that section 32 of Federal Act No. 8 provided for equal remuneration for men and women for work of equal value in practice. However, the examples given by the Government by way of illustration, such as equal remuneration of male and female doctors or male and female teachers, while welcome, indicate a limited approach as compared to the principle set out in the Convention. Under the Convention, a comparison of the remuneration earned by men and women performing different occupations or professions should be possible if the work performed is of equal value. The Committee therefore once again urges the Government to bring section 32 of Federal Act No. 8 into greater conformity with the Convention and recalls that the Government may wish to avail itself of technical assistance by the ILO to this end.

4. Application of the Convention in practice. The Government states that the Federal Civil Service Act provided for equal access of men and women to the different levels and grades and that special information had been prepared to inform men and women occupying various grades in this regard. The Committee asks the Government to supply information on the numbers of women and men employees occupying each level and grade in the civil service and their earnings. Please also provide additional information on the measures taken to inform male and female civil servants of their equal access to all levels and grade.

5. The Committee thanks the Government for providing statistical information regarding average monthly wages of workers registered with the Ministry of Labour and Social Affairs by 31 December 2003. It notes that for a certain number of registered employees no indications are available in respect to their sex and wages. Nevertheless, the Committee notes that, according to the information available, women’s average wages are lower than men’s in some occupational groups, while in others they are higher. The Committee asks the Government to make every effort to collect and supply to the Committee complete statistical information on the remuneration received by men and women in the various occupational categories and also on the composition of earnings.

6. Article 3 of the Convention. Objective appraisal of jobs. The Committee notes the Government’s statement that the classification of posts and the determination of wages in the civil service were based on the scientific qualifications required, the duties of the job, professional experience, as well as capacity and skills. The Committee observes that these are objective criteria which are hopefully applied equally to men and women without regard to sex or sex-stereotypes. In regard to employment other than the civil service, the Committee recalls the usefulness of putting in place some system for the objective evaluation of jobs in order to avoid remuneration being fixed on the basis of stereotypical assumptions with regard to men’s and women’s work. This is particularly important in order to avoid the under-evaluation of jobs in sectors which are dominated by either sex. The Committee therefore reiterates its request to the Government to provide information on the manner in which it promotes the adoption of methods for the objective appraisal of jobs on the basis of the work to be performed in the private sector.

7. Article 4 of the Convention. Cooperation with workers’ and employer’s organizations. The Committee notes that awareness with regard to equal pay of men and women was raised through reviewing the application of the relevant standards at a tripartite level, as well as through workshops, training sessions, and technical symposia. The Committee would appreciate receiving additional information on these activities and the results achieved, as well as on whether the issues raised by the Committee had been discussed in this context.

8. Part III of the report form. Labour inspection. The Committee notes that the Ministry of Labour and Social Affairs is undertaking regular training sessions for female and male labour inspectors and that the Government endeavoured to create a competent labour inspectorate, including with regard to international labour standards. Labour inspectors had not yet found any case of wage discrimination on the basis of sex. Please continue to provide information on the activities of the labour inspection services with regard to ensuring equal remuneration of men and women for work of equal value.