Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1(a) of the Convention. Application of the principle to all components of remuneration. In its previous comments, the Committee noted that section 118(2) of the Labour Code excludes from the definition of wages certain payments provided in relation to employment pursuant to special regulations or “other provision of the Act”. According to the Government’s report, the legal system differentiates between payments arising out of the employment relationship which are directly dependent on the work performed and those which are not, such as travel expenses and revenue from capital shares and bonds. In the Committee’s view, as previously outlined, the aforementioned elements are however covered by the notion of “remuneration” as incorporated in Article 1(a) of the Convention. Indeed, it extends to “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Therefore, the Committee reiterates its request that the Government provide information on the measures taken or envisaged to ensure that payments made under the “special regulations” referred to in section 118(2) of the Labour Code as well as any other indirect emoluments paid to the worker are made in a manner consistent with the Convention, including any relevant administrative or judicial decisions in that respect.

2. Article 2. Wages set by individual agreements. The Committee recalls its previous observations concerning the difficulties as regards the application of the principle of equal remuneration for men and women for work of equal value, which could potentially arise with respect to those parts of the wage that are set by individual agreement. In the absence of any information on this point, the Committee again invites the Government to indicate the specific measures taken or envisaged to promote the application of the principle through individual agreements. Likewise, the Committee asks the Government to provide information on the number of wage claims lodged before the courts concerning the non-compliance with non-discrimination provisions in the Labour Code or the Anti-Discrimination Act of 2004 with respect to pay inequalities between men and women.

3. Minimum wages. The Committee notes the Government’s illustration of the national minimum wage system. It also notes that the report of the National Labour Inspectorate for the year 2005 highlights eight cases of breaches of the relevant provisions concerning minimum wages. Due to the lack of specific information in the Government’s report regarding equal remuneration for men and women for work of equal value, the Committee again requests the Government to indicate the number of men and women remunerated according to the various levels of minimum wage claims. The Committee also invites the Government to provide information with regard to any judicial decisions or controls by the National Labour Inspectorate concerning the issue of equal remuneration for men and women for work of equal value.

4. National Action Plan for Women. The Committee notes that the National Action Plan for Women was evaluated in July 2006. The Committee also notes with interest the creation of the Gender Equality Council which will become operational in October 2007. The Committee asks the Government to provide information with its next report on the findings of the evaluation of the National Action Plan for Women as regards the application of the principle of the Convention and on any measures taken to follow up on these findings. Please also provide information on the activities of the Gender Equality Council to promote equal remuneration between men and women for work of equal value.

5. Enforcement. Labour inspections. The Committee recalls its previous comments in which it noted the findings of the National Labour Inspectorate’s report that labour inspectors lack practical experience and information on equal remuneration principles. In the absence of any information on this point, the Committee again invites the Government to indicate the measures taken or envisaged to overcome the obstacles faced by labour inspectors and to strengthen their capacity to supervise and promote compliance with the laws and regulations concerning equal remuneration for men and women for work of equal value.

6. National Centre for Human Rights. The Committee notes that, according to the Government’s report, the National Centre for Human Rights has so far played a significant role in monitoring the application of the principle of equal treatment. While leaving the broader examination of the performance of this body to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to keep it informed regarding the specific monitoring activities carried out by the National Centre for Human Rights with respect to compliance with the principle of equal remuneration for men and women for work of equal value.