Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Comores (Ratification: 1978)

Autre commentaire sur C100

Observation

Demande directe

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Article 1 of the Convention. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee recalls that, the Workers Confederation of Comoros (CTC) emphasized that, the principle set out in the Convention was not respected in the private and semi public sectors, as there was no wage scale or indicator to which employers could refer. The Committee notes that the Government confines itself to indicating in its report that, even in the absence of a guaranteed interoccupational minimum wage (SMIG), the principle of equal remuneration for men and women for work of equal value is respected by employers. Recalling that the 2012 Labour Code incorporates the principle of equal remuneration for work of equal value (section 104), the Committee asks the Government to take measures to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness of the principle of equal remuneration for work of equal value among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the provisions of the Labour Code.

Collective agreements. The Committee recalls that section 92(7) of the Labour Code provides that “collective agreements [which may be extended] shall include provisions on the modalities of the application of the principle of equal remuneration for men and women for work of equal value”. In the absence of information in this respect, the Committee once again asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value, and the modalities of its application, and to provide extracts of relevant collective agreements.

Application of the principle in the public service. The Committee recalls that “persons appointed to a permanent position in the public administration” are excluded from the scope of the Labour Code (section 1) and hence from the provisions of section 104, which provides for equal remuneration for work of equal value. The Committee notes that Act No. 04-006 of 10 November 2004 establishing the general conditions of service of public servants contains no provisions on equal remuneration for men and women for work of equal value. The Committee notes that, according to the Government, wage equality is enforced in the public sector through the existence of a wage scale based on qualifications, without distinction on grounds of gender, and the benefits are related to seniority and positions of responsibility. The Committee recalls that, despite the existence of wage scales that apply to all public servants, without distinction on grounds of gender, wage discrimination may result from criteria used to classify positions and the undervaluation of work carried out mainly by women, or from inequalities in the payment of certain wage supplements (allowances, benefits etc.). The Committee also notes that, according to the most recent data available (2005), women only represented 30 per cent of employees in the public service, the majority of whom were in category C, with only 21 per cent in category A. While it is aware of the persistent problem of the late payment of wages and wage arrears of public employees emphasized in its 2011 observation on the Protection of Wages Convention, 1949 (No. 95), the Committee asks the Government to indicate the measures taken to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. Please also provide a copy of the Decree establishing the public service pay system, and the applicable wage scale provided for in section 14 of the general conditions of service of public servants.

Minimum wage. The Committee notes the Government’s indication that the draft Decree on the SMIG is due to be examined by the Labour and Employment Advisory Council (CCTE). The Committee wishes to recall that often women predominate in low-wage employment and that a uniform national minimum wage system helps to raise the earnings of the lowest-paid workers. This system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. The Committee hopes that the Government will soon be in a position to report the adoption of the Decree on the SMIG, and asks the Government to provide information on the role of the CCTE and employers’ and workers’ organizations in this regard. Please also provide a copy of the Decree once it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied.

Statistics. Evaluation of the pay gap. The Committee notes the Government’s indication that data on the positions and remuneration of public employees, disaggregated by gender, are not yet available and that a new data management system is currently being established. The Committee once again encourages the Government to take the necessary steps for the compilation of such data so as to allow an analysis of the positions and remuneration of men and women in the public service, including any other benefits, with a view to determining whether there are pay gaps and, if so, to take the necessary measures to eliminate them. Please also provide data on the number of men and women in the various employment categories and their respective earnings.