Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Mozambique (Ratification: 1977)

Articles 1 and 2 of the Convention. Occupational gender segregation. The Committee previously noted the persistence of the horizontal and vertical occupational segregation of women into lower-paying jobs or occupations, and lower-level positions, and asked the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy adopted in 2006, particularly as regards the measures aimed at promoting women’s access to training in areas traditionally dominated by men. The Committee notes the Government’s indication, in its report, that, in 2018, women represented 35.5 per cent of persons who benefited from vocational training in various fields, and were occupying less than 30 per cent of recorded positions. It further notes, from the Government’s 2019 report under the national-level review of implementation of the Beijing Declaration (Beijing +25), that huge gender differences still prevail in the labour force by sector, with most of the active female population being engaged in subsistence farming and informal activities characterized by precarious working conditions and exploitation, low level of legal protection and unstable incomes, making it impossible for women to access credit and work in more decent conditions. Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No.111), the Committee notes that the new Gender Equality Policy and Implementation Strategy, adopted in 2018, and operationalized by the IV National Plan for the Advancement of Women (PNAM) 2018-2024, sets as specific objective and strategic actions: (1) to promote equal rights and opportunities for women and men in relation to remuneration; and (2) ensure equal representation and participation of women and men in decision-making bodies, at all levels. The Committee however notes that, according to the 2019 Human Development Report from the United Nations Development Programme (UNDP), women represented only 22.2 per cent of the persons employed in senior and middle management, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; a value of 0 represents absolute equality, a value of 100 absolute inequality) was estimated at 54. In addition, it notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern about (1) the high proportion of poverty among women, in particular rural women who comprise the majority of the female population; and (2) the fact that women in the informal sector continue to be excluded from social protection, including pension benefits (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 33 and 37). The Committee therefore asks the Government to provide information on the implementation of the Gender Equality Policy and Implementation Strategy and the National Plan for the Advancement of Women 2018-2024, particularly as regards the measures aimed at (i) addressing occupational gender segregation and stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family; and (ii) promoting women’s access to formal jobs with career prospects and higher pay. Recalling that regularly collecting, analysing and disseminating data and statistics is crucial for addressing appropriately unequal remuneration between men and women, the Committee again asks the Government to provide statistical information on the earnings of men and women, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Article 2(2)(b). Minimum wages. Referring to its previous comments where it noted that minimum wage setting was left to tripartite consultations undertaken per sector of economic activity, the Committee notes the Government’s statement that minimum wages are set by the Government in the nine different economic sectors established through Ministerial Order No. 161/2007 of 31 December 2007, after consultation with the social partners in the framework of the Labour Consultative Committee, pursuant to section 108 (5) of the Labour Act. It notes that, in April 2019, the Government increased the minimum salary in the public sector as well as in the eight other sectors of economic activity in the private sector. The Committee recalls that the fixing of minimum wages can make a significant contribution to the application of the principle of equal remuneration between men and women for work of equal value. However, when minimum wages are set at the sectoral level, there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates are fixed based on objective criteria, free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (see General Survey on the fundamental Conventions, 2012, paragraph 683). In light of the gender segregation of the labour market, the Committee again asks the Government to provide information on the manner in which it is ensured that in defining minimum wages for the various sectors, rates are fixed on objective criteria, free from gender bias, and, in particular, that sector-specific wages do not result in the undervaluation of jobs predominantly occupied by women in comparison with those predominantly occupied by men. It further asks the Government to provide statistical information on the rates of sector-specific minimum wages, as well as on the percentage of women and men who are paid the minimum wage.

Article 3. Objective job evaluation. The Committee previously noted that section 251 of the Labour Act refers to the evaluation of workers’ skills and qualifications for the purpose of wage classification and recalled that the reference in Article 3 of the Convention to objective appraisal of jobs is different from the concept of the performance evaluation of the employee, as objective job evaluation is concerned with evaluating the job and not the individual worker. The Committee notes the repeated lack of information provided by the Government on the application of section 251 in practice. In this regard, it recalls that the objective evaluation of jobs provided for in Article 3 involves the adoption of some technique to measure and compare objectively the relative “value” of the jobs performed, comparing factors such as skill, effort, responsibilities and working conditions, with a view to ensuring that workers performing jobs which are different but of equal “value” receive equal remuneration. Whatever the method used for the objective evaluation of jobs, particular care must be taken to ensure that the method implemented is free from gender bias. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey, paragraph 701). Therefore, the Committee again asks the Government to indicate how in practice the assessment of workers’ skills and qualifications contributes to wage classification, as stipulated in section 251 of the Labour Act, and to provide information on the criteria used in appraising such skills and qualifications.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee previously asked the Government to indicate the manner in which it cooperates with employers’ and workers’ organizations to promote the effective application of the principle of equal remuneration for men and women for work of equal value. It notes the Government’s statement that wages are negotiated between workers’ and employers’ representatives in the various economic sectors at national level, as well as through collective labour agreements negotiated at the enterprise level. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide a copy of any collective agreements in force containing clauses on wages determination or reflecting the principle of the Convention. It further asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Enforcement. The Committee notes that, in its 2019 concluding observations, the CEDAW expressed concern about the insufficient level of human, technical and financial resources to implement gender equality legislation, policies and plans (CEDAW/C/MOZ/CO/3-5, 30 July 2019, paragraph 17). It further notes that, in 2021, the Government will benefit from ILO technical assistance in the framework of the «#Trade4DecentWork» project with a view to improving the implementation of ILO Fundamental conventions at national level. The Committee asks the Government to provide information on any measures or activities undertaken to raise public awareness of the provisions of the Convention, as well as on the procedures and remedies available, in particular as a result of the technical assistance provided by the ILO. It further asks the Government to provide information on any cases or complaints concerning inequality of remuneration detected by or reported to labour inspectors, the Ombudsperson, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies provided.