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

1. Article 1(a) of the Convention. Application of the principle with respect to additional allowances and employment-related benefits. The Committee refers to its previous comments regarding the specific meaning attached to the expression “additional emoluments paid incidentally” incorporated in section 1(3) of the Manpower Act No. 13/2003, and notes the Government’s indication that the concept encompasses those emoluments provided on an occasional basis, such as tips or shares in profits of the company. In this regard, the Committee refers to the 1986 General Survey on equal remuneration, and recalls that, when referring to any additional emoluments arising out of the workers’ employment, the Convention does not limit in any way its purview by reference to the legal basis for the payment (paragraph 83). The Committee also recalls that the opportunity to collect tips may be considered as an indirect payment for the purpose of the Convention at least where the employer has some degree of control over the final distribution of sums collected as tips (General Survey, paragraph 92). The Committee therefore invites the Government to ensure application of the principle of equal remuneration for work of equal value with respect to all relevant elements of remuneration, whether paid directly or indirectly, and arising out of the workers’ employment.

2. Further to the above, the Committee recalls its previous comments on Government Decree No. 37 of 1967 and Decree No. 418/KPTS/EKKU/5/1981 as well as section 31(3) of the Marriage Act (No. 1/1974) with respect to the possible discriminatory impact stemming from these provisions on women’s employment‑related benefits and allowances. In the absence of any information provided by the Government in this respect, the Committee again asks the Government to indicate the measures taken or envisaged (a) to revise or repeal the abovementioned legislative provisions, and the progress achieved, and (b) to ensure that no direct or indirect discrimination against women exists in practice with respect to family allowances and employment-related benefits.

3. Wage gap between men and women and practical application of the principle of the Convention. The Committee notes from the Government’s report that a specific policy has been issued regarding companies’ setting of wages with the aim of ensuring compliance with article 1(3) of the Manpower Act, and thus stating expressly that no distinction is to be made between men’s and women’s wages. The Committee also recalls its previous comments on the number of initiatives taken by the Government to reduce the wage gap between women and men. It notes, however, that very little information is provided in the report concerning the practical application of these initiatives, and also refers to its observation in this regard. The Committee, therefore, again asks the Government to provide detailed information on the practical application and impact of the initiatives taken to reduce the gap between women’s and men’s wages. The Committee also asks the Government to supply a copy of the policy regarding companies’ setting of wages and provide information on its application in practice and its impact on decreasing the wage gap between men and women.

4. Application of the principle by means of minimum wages. The Committee notes the Government’s indication that tripartite wage councils set minimum wages not based on any distinctions between men and women workers, but rather on the basis of performance, productivity and economic development of each region as well as living standards of the people. The Committee refers to its 2006 general observation on this Convention, and recalls the importance of ensuring that the criteria used to determine minimum wages are free from gender bias. The Committee also notes that no statistical information is provided regarding the distribution of women and men in the various sectors and industries, since no statistical data are reported to be at the Government’s disposal. The Committee asks the Government to provide information regarding how it is ensured that the criteria followed by the wage councils are free from gender bias. The Government is also asked to continue providing information on the activities of the wage councils, including copies of the policies formulated. The Committee also reiterates its request to the Government to supply statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and the corresponding earnings, as soon as they are available.

5. Article  3. Methods for objective job evaluation.  Regarding implementation of Ministerial Decree No. 49/MEN/IV/2004 on wage structures and scales, the Committee notes from the Government’s report that some steps have been taken in this respect. In particular, the Committee notes that training programmes have been provided to industrial relations officers focusing on the explanation of wage structures and scales in the light of non-discrimination principles. Similar training programmes have been carried out in favour of tripartite representatives with a view to providing them with a better knowledge of the matter and enhanced ability to conduct guidance and counselling at company level. The Committee invites the Government to provide information on the practical impact of these initiatives on objective job evaluation and the reduction of the wage gap between men and women. In particular, the Committee asks the Government to supply copies of collective agreements and company regulations incorporating structure and scales of wages in accordance with the principle of the Convention. The Committee again requests the Government to indicate the measures taken, in cooperation with the social partners, to avoid gender bias in job evaluation. The Committee further encourages the Government to keep it informed regarding the enforcement of Ministerial Decree No. 49/MEN/IV/2004 on wage structures and scales.