Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Definition of remuneration. The Committee recalls the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition under the Convention. It notes the Government’s indication that the Ministry has been currently engaging in the revision of the Labour Proclamation, and that the definition will subsequently be broadened in line with Article 1(a) of the Convention. The Committee asks the Government to ensure that the revision encompasses all components of remuneration in line with Article 1(a) of the Convention, and to provide updated information on the process of the revision of the Labour Proclamation. The Committee also asks the Government to indicate how it is ensured in practice that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.

Equal remuneration for work of equal value. The Committee recalls its previous comments asking the Government to take the necessary measures to amend the Labour Proclamation with a view to providing explicitly for the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Labour Proclamation provides for non-discrimination in remuneration based on sex, which does not encompass the concept of “equal value”. The Committee notes that the Government reiterates that effect is given to the Convention by means of collective agreements. The Government adds that 142 collective agreements have already been registered with the Ministry, and that almost all undertakings which have collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention. The legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraphs 676 and 679). The Committee asks the Government to take concrete steps to amend the Labour Proclamation, so as to give full legislative expression to the principle under the Convention. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.

Civil service. The Committee notes the Government’s indication that the draft Civil Service Proclamation clearly stipulates the principle under the Convention. Recalling the Government’s previous indication that the weighting and measuring of all posts in the civil service had been completed, the Committee also notes the Government’s indication that the programme to introduce the new salary scales is still under way. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification and the new salary scales.

Cooperation with workers’ and employers’ organizations. The Committee notes that the Government reiterates that at appropriate intervals, consultations are conducted with workers’ and employers’ organizations with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to provide more detailed information on the manner and contents of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value.

Enforcement. The Committee recalls section 65(2) of the Labour Proclamation, according to which the Minister of Labour and Human Welfare may decide whether there is discrimination as regards remuneration on the basis of sex upon a woman’s complaint, and the Minister may order the employer to rectify the situation where the Minister finds discrimination. The Committee notes the Government’s indication that no cases of discrimination in remuneration have been reported. In this regard, the Committee stresses that the lack of court cases regarding equal remuneration or wage discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey, 2012, paragraph 870). The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. It also asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. Please also provide detailed information on the contents of the training given to public officials, judges, labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.

Statistics. The Committee notes that the Government has not provided any statistical information on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups. The Government states in general that there are plenty of women who occupy jobs at different levels including at the highest post of the Government. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to consider seeking assistance to develop the capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention, and recalls that ILO assistance can be requested in this respect.