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

The Committee notes the Government’s first report, which contains a description of the legal framework regarding wages and non-discrimination in general. While awaiting translation of some of the relevant provisions of labour legislation giving effect to the Convention, the Committee asks the Government to provide further information on the following points.

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to the Labour Code of 18 April 2009, “no restriction with respect to employment rights is permitted” on the basis of various enumerated grounds, including sex (section 7). It further notes that workers are entitled to “equal pay for equal work without discrimination” (section 13(1)(5)) and that the employer shall ensure that workers receive “equal pay for work of equal value” (section 14(2)(6)). In addition, section 12(2) of Act No. 154 of 14 December 2007 on state guarantees for equal rights for women provides that the State shall ensure equal remuneration for men and women for work of equal value. Finally, the Committee notes the Government’s indication that the principle of equal remuneration for men and women for work of equal value applies to civil servants. The Committee asks the Government to provide the following clarifications:

(i)    why section 13(1)(5) of the Labour Code refers to “equal work” rather than “work of equal value” as in section 14(2)(6) and Act No. 154 of 2007;

(ii)   what specific elements are covered by the term “remuneration” used in sections 13 and 14;

(iii)  whether any categories of workers are excluded from the scope of the Labour Code under section 5(6)(3) and, if so, how it is ensured that the principle of equal remuneration for work of equal value is applied to these workers; and

(iv)  the legal provisions specifying the application of the principle of the Convention to civil servants.

Please also provide information on the practical application of the equal remuneration provisions of the Labour Code and Act No. 154 of 2007, including any administrative or judicial decisions relating to the principle of the Convention.

Articles 2 and 3. Determination of remuneration rates and objective job evaluation. The Committee notes that rates of remuneration are determined by the employment contract, collective agreements or wage agreements (section 116 of the Labour Code). It also notes that, in accordance with section 113 of the Labour Code, the remuneration of the worker depends on his or her qualifications, the nature, complexity and intensity of his or her work and working conditions as well as the quantity and quality of work done, and cannot be lower than the established minimum wage. Recalling that skills considered to be “female” are often undervalued or even overlooked in comparison with traditionally “male” skills, the Committee asks the Government to indicate how it is ensured that the criteria used to determine the rates of remuneration, and their weighting, are free from gender bias and whether any measures have been taken to promote the use of objective job evaluation methods. The Committee further asks the Government to provide information on the method used to ensure that remuneration rates established in collective agreements, as well as in minimum wage instruments, are determined in accordance with the principle of equal remuneration for men and women for work of equal value. Please also provide examples of collective agreements that contain clauses reflecting the principle of the Convention as well as information on their practical application.

Article 4. Cooperation with employers’ and workers’ organizations. Noting the role of the social partners in the determination of remuneration rates, the Committee asks the Government to provide information on cooperation with the employers’ and workers’ organizations, including any awareness activities or training planned or undertaken, for the purpose of giving effect to the provisions of the Convention.

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that the labour legislation is enforced by a specific public body, trade unions and technical and labour inspections, local executive bodies and ministries. It notes however that the Government’s report contains no information on enforcement activities carried out by these competent authorities and bodies with respect to discrimination in remuneration. The Committee further notes the Government’s indication that no complaint concerning the violation of the principle of the Convention has been submitted to the courts. The Committee recalls that the absence of complaints does not necessarily mean that there is no wage discrimination in practice, as such discrimination may be difficult to detect and the workers may not always be aware of their rights and the means of redress available under the legislation. The Committee asks the Government to provide information on any breaches of the principle of equal remuneration reported to or detected by the authorities and bodies in charge of enforcing the labour legislation as well as any sanctions imposed and remedies provided.

Part V. Assessment of the gender remuneration gap. The Committee notes that the Government’s report does not contain any data on the earnings of men and women. In order to be able to assess the application of the Convention in practice, the Committee asks the Government to provide any information available on the remuneration gap between men and women as well as the fullest possible statistical data on the participation of men and women in the labour market and their average actual earnings broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, with respect to both the private and the public sectors.