Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Legislative framework. The Committee, referring to its previous comments, recalls that section 32 of the Federal Act No. 8 of 1980 regulating employment relationships only provides for equal remuneration between men and women for the same work, which is narrower than the concept of “equal value” provided for in the Convention. The Committee notes the Government’s indication that the Committee’s comments will be taken into account in the revision of section 32, which is still ongoing. The Committee urges the Government to take the necessary steps to make progress in the revision of section 32, which it hopes will fully reflect the principle of equal remuneration for men and women for work of equal value. The Government is requested to provide information on the progress made in this regard.

Application in the civil service. The Committee notes the statistical tables on the grades and salaries of employees working as public officials in the civil service, which are not disaggregated by sex, as well as the statistics of 2008 on the distribution of male and female public officials at the different ministries. While appreciating the statistics provided, the Committee would be grateful if the Government could provide an indication of the distribution of men and women in the various grades with their corresponding salaries of the employees working in the civil service, indicated in the statistical tables provided.

Objective job evaluation. The Committee notes the manual on the classification of jobs in the public service issued by the Department of Staff Affairs at the State Ministry. The Committee notes that the manual identifies the job category, title and grades of the posts, as well as the educational classifications required. However, neither the Manual nor the Government’s report indicate which method based on objective criteria has been used to classify the different posts and grades, nor do they indicate how it has been ensured that the selection of factors of comparison, the weighing of such factors and the actual comparison, is free from gender bias and not inherently discriminatory based on sex. The Committee asks the Government to indicate which method of objective job evaluation has been used for classifying jobs in the civil service. Please also provide information on the measures taken or envisaged to promote the objective evaluation of jobs in the private sector.

Application in the private sector – statistics. The Committee notes the detailed statistical tables of migrant workers and citizens, disaggregated by sex, according to occupation, educational level or sector of activity (2005–07), and those following the population Census of 2005 on employed citizens and non‑citizens. However, the statistics do not provide any indication of the remuneration levels of persons employed. The Committee notes in this regard the Government’s indication that the survey on recruitment, wages and working hours in the private sector was to be finalized by the end of 2008. The Committee asks the Government to provide a copy of the survey with its next report. Recalling further its 1998 general observation and its previous comments regarding the type of statistics needed to determine the nature and extent of differences in remuneration between men and women, the Committee encourages the Government to take further steps to collect the fullest possible statistical data on remuneration levels of men and women in the private sector, and report on the progress made in this regard.

Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report regarding the consultations between government officials and the Federation of Chambers of Commerce and Industry (representing the employers) and the Coordination Committee of Professional Associations Operating in the Country (representing the workers). While appreciating these initiatives, the Committee would be grateful if the Government would indicate more specifically how these and other activities have contributed to the effective promotion of the principle of the Convention.

Enforcement. The Committee notes the Government’s indication that no complaints were submitted to the labour inspectorate concerning wage inequalities between men and women because the Ministry of Labour immediately intervenes when disparities occur. The Committee recalls that the absence of complaints on pay inequalities may also result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers or from difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any training has been envisaged to raise awareness of the rights of workers or to increase the capacity of labour inspectors and other law enforcers to detect violations of the principle of the Convention. It also asks the Government to indicate the specific steps taken by the Ministry of Labour in coordination with the private sector where wage disparities have been found, to provide information on any administrative or judicial cases relating to wage discrimination based on sex, including the outcome of such cases.