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

The Committee notes the Government’s very brief first report.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee takes note of the Act 2004/017 of 6 July 2004 adopting the Labour Code. It notes the various provisions in the Code providing for a guaranteed interoccupational minimum wage (SMIG), basic minimum wages for occupations not covered by collective agreements and certain payments in kind such as housing, food and travel allowances. The Committee draws the attention of the Government to the broad definition of remuneration contained in the Convention which includes the basic wage or salary as well as any additional allowances paid in cash or in kind. Noting that the Labour Code does not define remuneration or wage, the Committee asks the Government to clarify the meaning of "wage" and "remuneration" occurring in sections 191, 193 and 196, respectively. Please also provide information on how the principle of the Convention is guaranteed in relation to both the basic wage as well as any additional emoluments paid in cash or in kind.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 191 of the Labour Code provides that "with equal working conditions, professional skills and output, wages are equal for all workers regardless of their origin, sex, age or status", and that section 395 prohibits all sex-based discrimination. The Committee reminds the Government that Article 1(b) of the Convention provides for equal remuneration between men and women workers for work of equal value. Accordingly, it asks the Government to confirm that the phrase "equal working conditions, professional skill and output" in section 191 refers more broadly to all work of equal value. Noting that the Labour Code excludes from its coverage civil servants, the Committee asks Government to indicate how the Convention is applied to them.

3. Please indicate the manner in which wages are determined in the public service.

4. Article 2. Determination of wages - collective agreement. The Committee notes that according to section 193 of the Labour Code of 2004 wages are determined by collective agreements, by decree or by individual agreements respecting the minimum wages provided by the regulation or collective agreement in force. It also notes according to article 76 of the Code that collective agreements need to take into account the principle of non-discrimination contained in section 295, paragraph 2, of the Code. The Committee asks the Government to provide copies of collective agreements, including the General Collective Labour Agreement of 13 February 1974, currently in force in the private sector.

5. Article 3. Job evaluation. The Committee recalls that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, and it asks the Government to provide information on the measures taken to promote an objective appraisal of jobs on the basis of the work to be performed.

6. Article 4. Cooperation with the social partners. The Committee asks the Government for information on the cooperation with employers’ and workers’ organizations for the purpose of raising awareness and improving the application of the provisions of the Convention.

7. Parts III and IV of the report form. Enforcement. The Committee notes that the labour inspectorate is charged with the supervision of the relevant laws and regulations. Please provide information, including relevant statistics on the number of inspections conducted, and on violations of the principles of the Convention discovered and remedies applied.

8. Part V. Practical application. The Committee notes that the Government provides no information on the practical application of the Convention. It asks the Government to provide such information, including (but not necessarily limited to) statistical data disaggregated by sex (as described in the 1998 general observation on this Convention), legislation, reports, guidelines and other publications, and information on any measures to promote or to ensure the application of the principle of equal remuneration between men and women for work of equal value.