Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section L.105 of the Labour Code, which provides that “where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless […] of sex”, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. The Committee recalls that, in accordance with the Convention, men and women workers are entitled to equal remuneration, not only where conditions of work, vocational qualifications and output are equal, but also where these aspects are different and their work as a whole, that is, the combination of tasks performed by men and women workers is of equal value. Moreover, the Committee has noted that section L.86(7) of the Labour Code provides that collective agreements must contain “provisions concerning procedures for the application of the principle of ‘equal pay for equal work’ for women and young persons”. The Committee recalls that the principle of “equal remuneration for work of equal value” includes, but goes beyond the concept of equal remuneration for equal work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee notes that the Government reaffirms its willingness to take the necessary steps to incorporate the principle established by the Convention in the legislation. The Government indicates that a bill concerning non-discrimination at work, amending and supplementing certain provisions of the Labour Code, has been drawn up and is in the process of being adopted. The Committee asks the Government to ensure that the bill amending and supplementing the Labour Code incorporates the principle of equal remuneration for men and women for work of equal value and that sections L.86(7) and L.105 of the Labour Code are amended accordingly. The Committee asks the Government to supply information on any progress made in the legislative process and to provide a copy of the legal text once it has been adopted.

The Committee is raising other matters in a request addressed directly to the Government.