Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Togo (Ratification: 1983)

The Committee notes the information provided by the Government in its report, in answer to its previous comments.

1. In its previous comments, the Committee requested the Government to provide particulars of the application of the principle of equal remuneration where men and women, in practice, perform work of a different nature but of equal value. It referred to section 88 of the Labour Code and to sections 24 and 25 of the Togolese Inter-occupational Collective Agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers irrespective of their nationality or national extraction, sex, age or status.

The Committee notes with interest the statement that the value of the work is the only criterion used in determining remuneration where men and women perform work of a different nature but of equal value.

The Committee also notes that, in the public and private sectors, there is a system for appraising jobs which is based essentially on the value of the service to be performed and not on sex. It notes in addition that, in section 39 of the Collective Agreement of Togolese Industries, workers are classified in categories and grades and that their classification depends on the job they hold in the enterprise. Furthermore, section 24 of the same Agreement stipulates that the wage of each worker shall be determined according to the job (and hence the classification) assigned to him or her in the enterprise.

The Committee asks the Government to provide information on the methods and criteria used in the job appraisal system mentioned in the report to determine the value of the work or services to be performed. It asks the Government in particular to indicate whether this appraisal system uses objective criteria which ensure real equality of remuneration where men and women perform work of a different nature but of equal value.

2. The Committee notes that section 31 of the Collective Agreement of Togolese Commerce and section 34 of the Collective Agreement of Togolese Industries provide that if a worker is called upon to exercise his occupation in a place other than his usual place of employment but within the geographical limits laid down in his contract, he or she is entitled to a transfer allowance. Furthermore, if the transfer lasts for longer than six months and is outside the prescribed geographical limits, the worker may be joined by his or her family at his or her employer's expense.

The Committee notes, however, that the above Collective Agreements appear to limit the entitlement to transfer allowance to male workers, particularly as they refer to "his wife". It requests the Government to state whether the transfer allowance and other benefits are granted when the worker who is transferred is a married woman accompanied or joined by her husband and dependent children.

3. The Committee notes from the report that, where both spouses are public servants, family allowance is paid to the spouse who declares the children for this purpose.

4. In its previous comments, the Committee asked the Government to supply copies of the decrees issued under sections 2 and 38 of the Ordinance of 4 January 1968 to establish the general table of wage rates, the maximum and minimum rates, etc., and in particular the special conditions of employment of departments employing a high proportion of women. In its reply the Government states that there are no special conditions of employment for departments employing a high proportion of women. The Committee again asks the Government to provide copies of the above-mentioned decrees and to indicate the departments employing a high proportion of women.