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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.

2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.

3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.

5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.