Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Madagascar (Ratification: 1962)

The Committee notes the Government’s brief report and the attached information and statistics.

1. The Committee thanks the Government for the statistical information on the remuneration received by men and women, which is based on excerpts of the 1993 and 2001 Permanent Household Survey of the National Institute for Statistics (INSTAT). According to the Government, women earned 64.4 per cent of men’s wages in 1993, and 61.8 per cent in 2001. In the textile industry women earned 71 per cent of the wages of their male counterparts in 2001, which constitutes considerable progress compared to 1993 when the same ratio was at 53.2 per cent. The Committee also notes that the gender wage gap remains higher in the private sector, and particularly high in the informal economy. The Committee asks the Government to continue to provide statistical information on men’s and women’s earnings in its next report, including a copy of the full text of the most recent Permanent Household Survey in order to enable the Committee to further assess the application of the principle of equal remuneration between men and women for work of equal value.

2. In the light of the continuing existence of a wide gender pay gap, the Committee reiterates its request to the Government to include in its next report full information in reply to its previous direct request, which raised the following points:

1. Articles 1, 2 and 4, of the Convention. Restrictive legislative protection. The Committee previously noted that section 55 of the draft amendments to the Labour Code of May 2000 provided that “for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter”. The Committee noted that this wording appeared to be more restrictive than the Convention, as the comparison of equal value, in the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs. Instead, a comparison should also be possible between jobs that are not identical, but nevertheless of comparable value. The Government indicated that the spirit of section 55 was indeed to provide for equal remuneration for the same job and that workers and employers agreed to this formulation. Nevertheless, the Government indicated that it would transmit the Committee’s concerns to the National Employment Council. The Committee urges the Government to take the measures necessary to ensure that section 44 of the draft amendments to the Labour Code reflect fully the principle of the Convention.

2. Article 2. Fixation of wage rates. […] The Committee would appreciate also receiving information on wage determination under the Merchant Marine Code.

3. Part V of the report form. Practical application. Recalling the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank, and the ILO, consisting of studies and surveys analysing the content of jobs in the various sectors, the Committee notes the Government’s intention to undertake such studies also in other sectors. The Government is asked to provide information on any follow-up action taken in this regard in its next report and results achieved.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the application of the legislation regarding equal remuneration was ensured, inter alia, through labour inspection services, training regarding relevant national labour legislation and international labour standards for workers’ and employers, the provision of information material to workers’ and employers’ organizations, and convocations of individual employers to the Ministry of Labour. The Committee asks the Government to provide further information on such activities and initiatives, including investigations made and results achieved. Please also provide relevant judicial decisions dealing with equal remuneration for work of equal value, as well as information concerning the activities undertaken by the National Employment Council to promote the application of the Convention.