Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that measures have been taken in the context of the Plan of Action for promoting equal remuneration, adopted in 2001. These include measures to increase the school attendance rate for girls, measures to train employers in gender issues, a revision of collective agreements which has been taking place since February 2005, an examination of the ordinance on pensions and a review of the Labour Code. The Committee also notes that no court decision relating to the application of the principle of the Convention has been brought to the attention of the Labour Department. As regards the application of the principle of the Convention through legislation, the Committee notes that the amendment of the Labour Code is planned, particularly section L.95 thereof, in order to incorporate the principle of equal remuneration for work of equal value and also a definition of the term “remuneration” which is in conformity with the Convention. The Committee asks the Government to supply information on the progress made in revising section L.95 of the Labour Code aimed at giving full expression to the principle of the Convention. It trusts that the Government will be able to report on progress made in this respect in the near future.

With regard to the implementation of the Plan of Action, the Committee asks the Government to supply information, including recent statistics, regarding the impact of the measures taken regarding the following: (i) the school attendance rate for girls at all levels; (ii) the employment of women; and (iii) the gender pay gap. The Committee asks the Government to continue to supply information on the measures taken to promote equal remuneration, including measures aimed at: (i) combating occupational segregation in the labour market; (ii) expanding in-service vocational training; and (iii) enabling women to have access to better paid jobs. Finally, the Government is requested to supply a copy of collective agreements and enterprise agreements referring to the principle of equal remuneration for men and women for work of equal value or containing provisions relating to the fixing of wages.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that no objective evaluation of jobs has been undertaken so far. However, the Committee wishes to remind the Government that the application of the concept of “work of equal value” implies a comparison of tasks and, consequently, the adoption of a technique for measuring and objectively comparing the relative value of the tasks accomplished in order to determine whether jobs involving different work have the same value for the purposes of remuneration. In this respect the Committee refers to paragraphs 138–150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of job evaluation, the key stages of which are job analysis, the preparation of job descriptions, and the systematic comparison of jobs in order to establish a hierarchy. Noting that the Government refers to the problems faced by labour inspectors in identifying cases of pay discrimination where men and women do not perform the same work, the Committee wishes to emphasize that it would be especially useful in this context to undertake an evaluation of jobs in both the public and private sectors, on the basis of objective, non-discriminatory criteria, such as the requisite skills and effort, responsibility and conditions of work, in order to be able to compare predominantly “female” with predominantly “male” jobs. The Committee trusts that the Government will be able to provide information in its next report on the measures taken to create the necessary conditions for objective job evaluation in both the public and private sectors, free from gender bias, in order to be able to apply the principle of equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes that the reports of the labour inspectorate do not contain any information on the activities of labour inspectors with regard to pay discrimination. It notes that, according to the Government, labour inspectors face problems in identifying cases of pay discrimination owing to the occupational segregation of men and women in the labour market in Mali. The Committee urges the Government to take steps to train labour inspectors with a view to enhancing their capacity for identifying and tackling all issues relating to the application of the principle of equal remuneration for men and women for work of equal value. It requests the Government to continue to supply information on the monitoring work of labour inspectors relating to discrimination in employment, in particular discrimination with regard to pay.

Statistics. The Committee requests the Government to supply all available statistics on wage levels for men and women by sector, economic activity and occupation in both the public and private sectors, this information being essential for evaluating of the application of the principle of the Convention in practice.