Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Repetition

Article 1(a) of the Convention. Payment of employment benefits (family allowances). For a number of years the Committee has noted the fact that, where both husband and wife are entitled to family allowances, these are still paid primarily to the husband if he works. While noting the Government’s indication that family allowances can be paid to the wife if they are not paid to her husband, the Committee draws the Government’s attention to the possibility of allowing both spouses to choose which of them should receive the family allowances, rather than working on the principle that the latter should be paid systematically to the husband. The Committee asks the Government to indicate the measures taken or contemplated to ensure that the National Social Security Fund changes its practice with regard to the payment of family allowances so that women receive equal treatment to men in this respect.

Severance pay in the event of marriage. The Committee recalls that it previously asked the Government to amend section 72(1) of the draft Labour Code and section 50 of the Social Security Act, which provided for severance pay for women upon marriage. The Committee notes the Government’s statement reaffirming that the new draft Labour Code covers the question of severance pay in the event of marriage and stipulates gender equality in this respect. The Committee trusts that the new Labour Code will give men and women equal entitlement to severance pay and strongly hopes that the Government will be in a position to report on progress in this respect in the near future. It again asks the Government to ensure that the application in practice of this provision regarding severance pay in the event of marriage does not reinforce historical attitudes and stereotyped assumptions regarding women’s role in society and their aspirations and preferences, including those relating to household and family responsibilities.

Article 2. Domestic workers. The Committee recalls that domestic workers, the majority of whom are women, are excluded from the scope of the Labour Code of 1946 (section 7(1)) and from the provisions on the minimum wage (section 44). A standard employment contract for foreign domestic workers, which provides for payment by the employer of a monthly salary to be agreed upon by both parties, was adopted in 2009. The Government indicates once again that a bill concerning the employment of domestic workers is being drafted and that the collection of statistics on the number of domestic workers will take some time. The Committee recalls that the fixing of minimum wages can constitute an important means for applying the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate whether any consideration is being given to provide for a minimum wage in the Bill concerning the employment of domestic workers. It asks the Government once again to provide information on the legal and practical measures taken or envisaged to ensure that the principle of equal remuneration for work of equal value also applies to domestic workers. The Government is also requested to indicate any measures taken, in cooperation with the social partners, to inform employers that, when wages and additional allowances for domestic workers are determined, domestic work usually done by women must not be undervalued as a result of gender stereotypes by comparison with domestic work usually done by men and that, more generally, domestic work must not be undervalued by comparison with other types of work. Lastly, the Committee asks the Government to take steps to collect and send data, disaggregated by sex, on the number of men and women domestic workers and their wages.

Application of the principle in the public service. In its previous comments, the Committee highlighted the low representation of women in better paid positions in the public service and noted the recommendation made in 2010 by the Council of Ministers to establish a quota for women in the top category of the public service. The Government’s report does not contain any new information on this point, only indicating that salaries are identical in the public service, regardless of whether the post is occupied by a man or a woman. The Committee would point out to the Government that the adoption and application of salary scales in the public service without any distinction as to sex is not sufficient to rule out any gender-based pay discrimination. Such discrimination may stem from criteria adopted for classifying posts, undervaluation of the tasks accomplished largely by women or inequalities connected with additional payments (bonuses, benefits, allowances, etc.) whenever men and women do not have equal access to the latter in law or in practice. The Government also indicates that it does not have statistics disaggregated by sex on the numbers of public servants and their respective categories and salaries. The Committee asks the Government to take the necessary steps to collect information on the distribution of men and women in the various categories and grades of the public service and their respective earnings. The Government is also requested to provide information on the measures taken to encourage the employment of women in posts in the higher categories of the public service and on the impact of such measures.

Article 3. Objective job evaluation. The Committee notes that the Government’s report does not contain any information on this point. The Committee again asks the Government to explain in detail the methods and criteria used to determine pay levels within the new job classification system in the public administration, and how gender bias has been avoided. Recalling that the implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials, the Committee again asks the Government to provide information on the steps taken, in cooperation with workers’ and employers’ organizations, to ensure that the methods and criteria used by private employers to establish job descriptions and determine the corresponding pay structure are free from gender bias and do not undervalue tasks performed by women.