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

1. Payment of employment benefits (family allowances); dismissal compensation upon marriage. The Committee notes the explanation provided by the National Fund for Social Security in the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that for the payment of family benefits priority continues to be given to the father when both the mother and the father meet the conditions. It also notes the decisions issued by the National Fund for Social Security in 2005 aimed at promoting equality between men and women with respect to social security benefits. Further, with respect to additional allowances, the Committee notes that under section 72(1) of the draft Labour Law a female wage earner leaving service because of marriage is entitled to dismissal compensation, a right which is not accorded to male wage earners, and therefore contrary to the principle of equal remuneration for men and women for work of equal value. The Committee recalls its previous comments on the need to ensure equal status between men and women in the family and society, and asks the Government: (a) to keep it informed of any further legislative action undertaken to ensure that women enjoy employment paid benefits and family allowances on an equal footing with men; and (b) to delete section 72(1) from the draft Labour Law.

2. Article 2. Application of the principle to domestic workers and agricultural workers. The Committee notes that section 5 of the draft Labour Law continues to exclude “servants and whoever is in a similar standing performing house work and living in the homes of their employer” and certain agricultural workers. The Committee notes that the Government is currently preparing a bill on agricultural workers which, according to the Government, will take into account the principle of the Convention. With respect to servants and live-in domestic workers, the Committee notes that in practice this exclusion applies largely to female migrant domestic workers who according to the applicable regulations must reside in the employer’s residence. It also notes that by virtue of Decision No. 16/1 of 16 February 2006 by the Ministry of Labour a National Steering Committee has been created to examine the situation of migrant domestic workers and is currently preparing a Bill on their protection. The Committee reminds the Government that migrant domestic workers are particularly vulnerable to discrimination and often the lowest paid amongst all workers due to the persistent undervaluing of the work they undertake. The Committee, therefore, hopes that the new legislation will ensure that the principle of equal remuneration for work of equal value also applies to domestic workers, whether nationals or non-nationals. It asks the Government to provide a copy of the Bill as well as information on the measures taken or envisaged to ensure that domestic work is not being undervalued due to gender stereotypes.

3. Application of the principle in the public service. Referring to its previous comments, the Committee notes from the Government’s report that recruitment and career promotion in the public service is based on the principle of merit and efficiency, without discrimination based on sex. It also notes, however, that the statistics provided by the Civil Service Council confirm previous findings about the low percentage of women working in the public service and their under-representation in higher paid decision-making posts. Considering the persistent occupational segregation of women in the pubic service, the Committee asks the Government to provide information on the measures taken to ensure that in practice decisions on recruitment and promotion are taken without stereotypical considerations regarding the suitability of women and men for certain jobs. Please also indicate the specific measures taken to promote access of women to better-paid and higher-level posts in the public service.

4. Article 3. Objective job evaluation. The Committee regrets to note from the Government’s report that the job description process has still not been completed for the public sector. It also notes that the Government hopes to benefit from ILO assistance to develop methods for the objective evaluation of jobs in the private sector in the very near future. The Committee recalls its 2006 general observation on this Convention highlighting the importance of undertaking objective job evaluation for the promotion of equal pay. It trusts that in its next report the Government will be able to indicate that some progress has been made in promoting and developing objective job evaluation in both the public and private sectors.

5. Collective agreements and practical application in the private sector. The Committee notes the Government’s statement that collective agreements have been adopted for the banking sector, hospital sector, ports and quays, and various energy-producing companies, which specify wages and allowances in accordance with the non-discrimination principle provided for in the Labour Code. The Government however indicates that some cases of wage disparity can be found in small and medium-sized enterprises. The Committee asks the Government to provide copies of these collective agreements, in particular of the provisions specifying wages and allowances, and to provide information on the measures taken or envisaged to eliminate wage disparities between men and women in small and medium-sized enterprises. The Committee also encourages the Government to continue to collect and analyse statistics disaggregated by sex on the distribution of men and women in the various occupations and economic sectors and their corresponding levels of remuneration, and provide such data in its future reports.

6. Enforcement and labour inspection. The Committee notes the Government’s statement that no complaints have been received concerning wage discrimination since employment is available to women on equal terms with men. The few complaints in small enterprises are either resolved peacefully through mediation by the Ministry of Labour or by the courts. The Committee reminds the Government that the absence of complaints does not necessarily indicate that the Convention is being effectively applied. It notes in this regard the Government’s statement that the required ILO technical assistance to strengthen the capacity of the labour inspectorate to monitor the application of the principle of equal remuneration has not yet materialized. The Committee asks the Government to provide the following in its next report: (1) copies of any judgements or decisions on cases concerning wage discrimination; and (2) information on efforts undertaken to ensure the effective application of the Convention, including measures to strengthen the capacity of the labour inspectorate as well as any awareness-raising and educational programmes for employers and workers on the principle of equal remuneration for men and women for work of equal value.