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

The Committee notes the communication from the General Confederation of Labour – Liberty Cameroon (CGTL) of 27 August 2007.

1. Article 2 of the Convention. Work of equal value. Collective agreements. In its previous comments, the Committee noted that section 37(1) of the national collective agreement for dockworkers was not fully consistent with the principle set forth in the Convention. This provision does not reflect the principle of equal remuneration for work of equal value and merely ensures that wages are equal for all workers in equal conditions of work and with equal professional ability, regardless of sex. The Committee notes the Government’s statement to the effect that between 2002–07, 17 national collective agreements were concluded applying the principle of equal wages in equal conditions of work. The Committee also notes that according to the communication from the CGTL, although equal remuneration is established in law and in collective agreements, employers are refusing to apply this principle. The Committee notes that the Government has not provided any information on the steps taken to promote the full application of this principle in collective agreements. Consequently, it recalls that under Article 2 of the Convention, the Government has undertaken to promote and, if necessary, ensure the application of the principle of equal remuneration for men and women by means of national laws or regulations, legally established or recognized machinery for wage determination, collective agreements or a combination of these various means. The Committee, therefore, hopes that the Government will take steps to convince the social partners of the need to bring the provisions of collective agreements into line with the principle set forth in the Convention, and asks the Government to send information on the results achieved in this respect. The Committee also asks the Government to provide information on the steps taken to ensure the effective application of the principle of equal remuneration for work of equal value.

2. Article 2. Scope of the principle set forth in the Convention. In its previous comments, the Committee noted that section 70(a) and (b) of the collective agreement for CAMRAIL was not in line with the principle set forth in the Convention. This provision limits the granting of benefits in the form of transport facilities to the wife and children of the employee, thereby excluding the husband of a female employee from such benefits. On that occasion, the Committee recalled that the principle of equal remuneration for men and women for work of equal value applies not only to the basic wage but also to any additional emoluments payable directly or indirectly, whether in cash or in kind. The Committee, therefore, asked the Government to take the necessary measures to bring this section into line with the Convention. In this respect, the Government states that according to section 7 of the CAMRAIL agreement, the revision of provisions of the agreement may take place at the initiative of each of the signatory parties, but not at that of the Government, which has countersigned the agreement. The Government adds that it stands ready to support the party which takes the initiative to revise section 70 of the agreement. The Committee urges the Government to take the necessary steps, in collaboration with the social partners, to ensure that the provisions of section 70 of the CAMRAIL agreement are in full conformity with the principle set forth in the Convention. Furthermore, the Committee once again asks the Government to take concrete steps, in cooperation with the social partners, to ensure that collective agreements such as those noted above are free from discriminatory provisions and gender-biased language with respect to remuneration and, in particular, additional allowances and benefits.

The Committee is also raising other points in a request addressed directly to the Government.