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

1. Legislative framework. Work of equal value. The Committee has been noting for a number of years that section 32 of Federal Act No. 8 of 1980 regulating employment relationships, which states that “a woman’s remuneration shall be equal to that of a man if she performs the same work”, is narrower than the principle laid down in the Convention, since it does not include the key concept of “work of equal value”. The Committee notes the Government’s indication that this section is under review, and that in this process, consideration will be given to widening the concept in line with the Committee of Experts’ comments. In this context, the Committee draws the Government’s attention to its general observation of 2006 on this Convention, which notes that where legal provisions are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women at work. The Committee, therefore, urged governments to take the necessary steps to amend their legislation: “Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” The Committee urges the Government to ensure that in the process of revising section 32, the concept of work of equal value is included, and asks the Government to keep the Committee informed of progress made in this regard.

2. Application in the civil service. The Committee had requested information on the measures taken to inform male and female civil servants of their equal access to all levels and grades. The Committee notes the Government’s response that this is ensured through the distribution of circulars issued by the competent authority. The Committee asks the Government to provide details regarding the content of these circulars and how they promote equal remuneration for men and women for work of equal value, and to provide any other information on measures taken to ensure the application of the principle of the Convention in the civil service.

3. Objective job evaluation. The Committee notes that the Government is currently considering setting standards in the public service for the determination of equal remuneration for work of equal value, which would take into account qualifications, on-the-job training received, the nature of the work, requirements of the job, difficulties of the job, as well as productivity and production. The Committee recalls the importance of objective job evaluation, in particular in establishing whether jobs of a different nature are of equal value. The Committee hopes that the process being considered by the Government will permit the comparison of not only the same or similar jobs, but also of jobs of an entirely different nature. The Committee also recalls its 2006 general observation where it cautioned that care must be taken to ensure that job evaluation methods are free from gender bias, and that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. The Committee asks the Government to keep it informed of the status of the process of introducing objective job evaluation methods in the public service, and of any measures taken or envisaged to promote objective job evaluation in the private sector.

4. Cooperation with workers’ and employers’ organizations. In its previous comment, the Committee noted tripartite initiatives that had been taken in promoting the principle of the Convention. The Committee asks the Government to provide additional information on these activities and the results achieved, as well as on any further tripartite initiatives taken.

5. Enforcement. The Committee notes that according to the Government, the Ministry of Labour has issued instructions for labour inspectors to verify in undertakings whether men and women are receiving the same salary for work of equal value, with respect to job requirements and production. The labour inspectors are also to provide advice and guidance to undertakings where disparities in salaries are found. Where wage disparities are found, the Ministry then gets involved, in coordination with the private sector, and through training and information programmes. The Committee asks the Government to provide information on any complaints that have been made to the labour inspectorate concerning equal remuneration between men and women, as well as on any relevant investigations initiated by the labour inspectors themselves, and how these have been handled including the findings and any remedies provided or sanctions imposed. The Committee also asks the Government to provide information on the specific steps that the Ministry of Labour has taken in coordination with the private sector where wage disparities have been found. Please also provide information on any administrative or judicial cases relating to wage discrimination, including the outcome of such cases.

6. Statistical information. The Committee notes that the Government has provided statistical information on the number of women and men at the various grades of the civil service, but that no statistics are provided for remuneration levels disaggregated by sex. The Committee notes further the Government’s statement in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Ministry of Labour is currently undertaking a survey for the collection of information on women’s employment in the private sector according to occupations, and the level of wages. In this context, the Committee draws the Government’s attention to its 1998 general observation on this Convention, asking that statistical information, disaggregated by sex, be collected with respect to the following:

(i)         the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area;

(ii)       statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked) and hours of work (defined as hours actually worked or paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above).

7. Where feasible, statistics on average earnings should be compiled according to hours actually worked or paid for, with an indication of the concept of hours of work used. Where earnings data are compiled on a different basis
(e.g. earnings per week or per month), the statistics on the average number of hours of work should refer to the same time period (that is, by week or by month). Noting the importance of collecting and analysing statistics concerning the remuneration received by women and men in order to assess the nature and extent of the differences in remuneration between women and men in all job categories and in different sectors, the Committee asks the Government to continue to take steps to ensure that it is able to provide the Committee with the fullest possible statistical information in its next report. Please indicate any progress made in this regard.