Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Cabo Verde (Ratification: 1979)

Article 1 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee referred to the fact that article 62 of the Constitution which provides for the principle of equal remuneration for equal work, and section 16 of the Labour Code which provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work were more restrictive than the principle of equal remuneration for work of equal value provided for in the Convention. The Committee also requested information on the practical application of section 15(1)(b) of the Labour Code which provides that equity at work includes the right to receive special compensation; a compensation which is not allocated to all workers, but which is based, among other grounds, on sex. The Committee notes that the Government reiterates the information provided in its previous report. The Committee further notes the adoption of Legislative Decree 1/2016 of 3 February 2016, which revises the Labour Code. The Committee notes in this respect, that the opportunity was not taken to include the principle of equal remuneration for men and women workers for work of equal value in the Labour Code. The Committee recalls once again that the provisions in the Constitution and in the Labour Code are insufficient to ensure the full application of the principle of the Convention because they do not encompass the concept of “equal value”, and may therefore hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria which are free from gender bias. The Committee asks the Government to take the necessary measures without delay to ensure that full legislative expression be given to the principle of equal remuneration for men and women for work of equal value, and recalls that such provisions should not only cover situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. In the absence of any further information on this point, the Committee once again requests the Government to indicate the manner in which this provision is implemented in practice. The Committee also asks the Government to provide information on any legislative developments as well as on any awareness-raising campaigns or activities carried out with respect to the implementation of the principle of the Convention.

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