Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Equal Remuneration Convention, 1951 (No. 100) - Nigeria (Ratification: 1974)

1. In comments made since 1984, the Committee has sought information on the measures taken to ensure the application of the principle of equal remuneration to workers excluded from the scope of the National Minimum Wage Act of 1981 (workers in establishments employing fewer than 50 persons, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping or civil aviation). The Government had stated that, in practice, these categories of workers are not paid rates that are less than the minimum wage because their employers are invariably members of the Nigeria Employers' Consultative Association (NECA) who pay rates in accordance with the provisions of the Minimum Wage Act. In response to the Committee's request for information, including copies of any relevant circulars or codes adopted by the NECA, concerning the payment to these workers of wage rates in accordance with the Act and with the Convention, the Government had indicated that it had invited the NECA to respond to the Committee's request; and that relevant circulars and codes would be forwarded as soon as they were available. No such information has been provided. In its latest report, the Government states that the relevant section of the National Minimum Wage Act has now been submitted for review to the National Labour Advisory Council whose decision will be communicated in due course. The Committee asks the Government to clarify whether this statement may be taken to mean that action has been initiated to ensure the application of the principle of equal remuneration for work of equal value to all workers in the country.

2. As a general comment, the Committee is obliged to observe that since ratifying the Convention, the Government has not furnished information which provides an adequate basis on which to assess the application of the principle of the Convention, particularly in the private sector. Article 18(3)(e) of the 1989 Constitution (which provides that the State shall direct its policy towards ensuring that "there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever") expresses an equal pay principle narrower than that of the Convention and no specific effect is given to the principle of the Convention in other legislation. While the Government has supplied, with its latest report, a copy of a collective agreement showing grades and wage rates (concluded between the Nigerian Textile Garment and Tailoring Employers' Association and the National Union of Textile, Garment and Tailoring Workers of Nigeria in March 1994), as well as a document indicating the changes to salaries and conditions of service in the company AshakaCem PLC, this material is not sufficient to show how the Convention is applied, in the absence of other information concerning the basis on which the specified grades have been established, the corresponding job descriptions and statistical data showing the distribution of men and women in the various grades. For lack of similar information, documents concerning a revised grading and salary structure for the public sector, supplied on an earlier occasion, are not sufficient to illustrate the Convention's application in that sector of employment. With regard to the application of the Convention in situations where men and women perform different work, the Government had stated, in an earlier report, that jobs are evaluated and graded before salaries are fixed and that a specimen of a job evaluation document would be forwarded as soon as it was available. Despite repeated requests, no such information has been received.

3. As the Convention has now been ratified for more than 20 years, the Committee hopes that the Government will accord high priority to taking measures to apply the instrument. In this regard, it trusts that the Government will consider giving legal expression to the principle of equal remuneration for men and women for work of equal value, for all workers in the country; and that adequate enforcement measures will be introduced. The Committee has observed on numerous occasions that considerable difficulty is encountered in the application of the Convention when there is a lack of knowledge of the true situation, due to inadequate or non-existing data and research. In the present case, it is evident that the Government is unable to determine whether progress is being made in the application of the Convention, primarily because of the lack of wage and employment statistics. While appreciating the effort required to collect and analyse statistical data, disaggregated by sex, the Committee hopes that the Government will consider taking such action - if necessary, beginning with certain specified sectors of employment - as, apart from assisting in the implementation of the Convention, information of this kind usually proves to be of great assistance in the planning and implementation of development policies, in general. The Committee also reminds the Government that the International Labour Office may be called upon to provide advice and technical assistance concerning the application of the Convention.