Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Cameroun (Ratification: 1970)

Autre commentaire sur C100

Observation

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Article 1(b) of the Convention. Work of equal value. Legislation. For several years the Committee has been drawing the Government’s attention to the fact that section 61(2) of the Labour Code makes payment of an equal wage to all workers, regardless of their origin, sex, age, status and religious belief, contingent on there being “equal conditions of work and skill”, so that it does not give full effect to the principle of equal remuneration for work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and of the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. When wage rates are determined, “female jobs” are often undervalued in comparison with work of equal value performed by men. The concept of “work of equal value” is therefore fundamental to tackling occupational sex segregation, because it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work, but also encompassing equal remuneration for jobs that are of an entirely different nature but which are nevertheless of equal value (see General Survey on fundamental Conventions of 2012, paragraph 673). The Committee again notes that the Government refers to the Bill to revise the current Labour Code and states that the version of the draft examined by the Advisory Labour Committee amends section 61(2) of the Labour Code to align it with the Convention. Noting that the Bill is currently under examination by the Prime Minister’s Office, the Committee trusts that the Government will be able to confirm its adoption in the near future and that the new text will contain provisions that fully reflect the principle of equal remuneration for men and women for work of equal value laid down in the Convention. The Government is asked to continue to provide information on progress made in the revision of the Labour Code and to provide copies of the Act to amend it as soon as it has been adopted.

Article 2(2)(c). Collective agreements. For several years the Committee has been pointing out that section 70 of the CAMRAIL collective agreement is discriminatory in that it grants travel allowances only to the wife and children of a worker and not to the husband of a female employee. It has asked the Government to take the necessary steps to ensure that the provisions of the CAMRAIL collective agreement comply with the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government again states that it is in the process of taking the necessary steps to ensure that the clauses of the CAMRAIL collective agreement observe the principle established in the Convention. It also indicates that the forthcoming revision of the collective agreement will enable the Joint Committee to examine the discriminatory provision. The Committee notes that in a communication of 20 October 2011 the Cameroon Trade Union Congress (CTUC) indicates that in violation of the Convention, the employers refuse to apply the principle of equal remuneration in collective agreements, and there is no pressure on them to do so. In view of the Government’s commitments, the Committee trusts that it will shortly be in a position to report that the discriminatory clauses on additional emoluments in the CAMRAIL collective agreement have been revised, and asks the Government to provide information in this regard. Furthermore, in the absence of a reply on the matter, it again asks the Government to state more generally the action taken to encourage the social partners to examine collective agreements in the light of the principle of equal remuneration for men and women for work or equal value and to revise any discriminatory clauses identified. Please also provide copies of relevant extracts of collective agreements.

The Committee is raising other matters in a request addressed directly to the Government.