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

The Committee notes that the Government provides very little information in response to the specific points made by the Committee in its previous comments, and asks the Government to make every effort to reply fully in its next report.

Legislative framework. The Committee previously noted that the Labour Code, while prohibiting discrimination based on sex with regard to remuneration, does not reflect the principle of equal remuneration for work of equal value as set out in the Convention. The Committee recalls its 2006 general observation, highlighting that where legal provisions do not give expression to the concept of “work of equal value”, such provisions hinder progress in eradicating gender-based pay discrimination against women. The Committee asks the Government to take the necessary steps to include provisions in the legislation that give full expression to the principle of equal remuneration for men and women for work of equal value, and it asks the Government to provide specific information on the measures taken or envisaged in this regard.

Determination of rates of remuneration. The Government again states that the application of the principle of equal remuneration for men and women for work of equal value was ensured through the legally established machinery for wage determination and collective agreements. The Committee again asks the Government to provide information outlining the specific methods used in the context of collective agreements and the legally established wage-fixing machinery to ensure the application of the principle of equal remuneration for men and women for work of equal value and to provide examples of collective agreements, indicating the manner in which they apply the principle.

Article 3 of the Convention. Objective job evaluation. The Committee previously noted that wages are lowest in female-dominated sectors and occupations and that the gap between the remuneration received in female-dominated sectors and other sectors continued to increase. In this context, it urged the Government to provide a description of the job evaluation methods used, in both the private and public sectors, and to indicate the measures taken to prevent the undervaluing of jobs performed by women. In response, the Committee notes that the Government refers to collective agreements, other local instruments, and the legislation. Noting the importance of comparing the value of jobs in order to apply the principle of the Convention, the Committee once again urges the Government to provide information on the job evaluation methods used in the public and private sectors, and to indicate how it is ensured that the criteria established are not gender biased, and that jobs predominantly performed by women are not undervalued compared with those performed by men.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that cooperation is carried out in an appropriate manner with organizations of workers and employers with a view to implementing the provisions of the Convention. The Committee asks the Government to provide specific information on the nature of the cooperation with workers’ and employers’ organizations, and the impact of such cooperation in giving effect to the principle of equal remuneration for men and women for work of equal value.

Enforcement. The Committee once again asks the Government to provide information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving pay discrimination in employment and occupation dealt with by the labour inspectors, the Procurator-General’s Office, the courts or the Ombudsperson.

Statistical information. The Committee once again asks the Government to provide statistical information on the earnings of men and women in the different industries and occupations.