Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s brief report which again does not contain a reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes section 3(15) of the Labour Proclamation No. 118/2001, under which two kinds of payments are not considered to be remuneration as defined by the Proclamation, namely: (a) payments as reimbursement for special expenses incurred by the employee in the course of his or her employment; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. The Committee recalls that the Convention defines remuneration in the broadest possible terms, including any additional emoluments whatsoever arising out of the worker’s employment. The Government is therefore requested to indicate the manner in which the principle of equal remuneration for work of equal value is applied to these types of payments.

2. The Committee also notes section 41(1) of the Labour Proclamation, which provides that "an employer shall pay equal starting wages for the same type of work" and that section 65(1) stipulating that "women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex". The Committee observes that these two provisions, read together, do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. The Convention does not cover only starting wages for the same type of work, but requires equality of remuneration for different types of work which are of equal value. The Committee asks the Government to indicate how the principle of equal remuneration is applied in practice. Noting that the Civil Service Code is a draft, the Committee asks the Government to consider including the principle of the Convention in the Code.

3. Article 2. The Committee notes that under section 41(2) of the Labour Proclamation wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by a collective agreement in an undertaking. It asks the Government to indicate the extent to which workers in Eritrea are covered by collective agreements and whether these collective agreements incorporate the principle of the Convention. Please provide copies of examples of any such collective agreements. The Government is also asked to provide information on any practical measures taken to promote the application to all workers of the principle of equal remuneration for work of equal value for workers, in line with Article 2 of the Convention. Noting the Government’s statement that civil servants are remunerated according to salary scales, the Committee asks the Government to provide copies of these scales and any other laws or regulations concerning the remuneration of civil servants.

4. In the absence of information on the national machinery for the setting of wages, the Committee asks the Government to indicate whether any such machinery exists, such as wage boards or minimum wage bodies.

5. Article 3. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes objective appraisal of jobs on the basis of the work performed. In this context, the Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value. The Government is therefore requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. The Committee notes from the report that the Labour Relations Board and the Advisory Board to the Minister of Labour and Human Welfare include representatives of workers’ and employers’ organizations. The Government is asked to provide further information on the functioning of these bodies, indicating whether these bodies have given any consideration to the issue of equal pay between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the Convention.

7. Parts III, IV and V of the report form. The Committee notes that no judicial decisions have been handed down on issues of principle relating to the application of the Convention, and that the labour inspection service has not yet dealt with any case of discrimination. The Committee asks the Government to provide information on the number, types and results of any disputes concerning equal remuneration, which have been brought to the Minister of Labour and Human Welfare under section 65(2) of the Labour Proclamation, or to the courts on the Labour Relations Board. The Government is also asked to provide information on the manner in which the labour inspection service and the other competent bodies supervise and ensure the principles of equal remuneration, as enshrined in the Convention. Please also provide statistical data on the levels of remuneration disaggregated by sex, in accordance with the 1998 general observation on this Convention …