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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 2 of the Convention. Minimum wage. The Committee notes that despite its previous requests, the Government has not taken the necessary steps to extend the scope of the national minimum wage to all workers. The National Minimum Wage Act 2019 therefore continues to exclude certain workers from its coverage, including those in establishments with less than 25 employees, workers employed on a part-time basis, workers paid on commission or piece rate and workers in seasonal employment such as agriculture. The Committee requests the Government to provide information on the extent to which women are impacted by the exclusions from the national minimum wage provided for under the National Minimum Wage (Amendment) Act, 2019, as well as on any steps taken to address the consequences of such exclusions in practice. It further requests the Government to take the necessary steps to extend the scope of the national minimum wage to those sections of the workforce currently excluded from its coverage, and to provide information on any progress made in that regard.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee previously noted that the Federal Ministry of Labour and Employment had established a monitoring unit in the Trade Union and Industrial Relations Department to monitor the implementation of the agreed wage structure and collective bargaining agreements and ensure that social partners are in compliance with collective agreements. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee requests the Government to provide: (i) information on any measures taken, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration for men and women for work of equal value through collective agreements; (ii) summaries of the provisions on wages determination and equal remuneration that have been included in collective agreements; and (iii) information on the activities of the monitoring unit of the Trade Union and Industrial Relations Department with regard to equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee requests the Government to provide information on the measures taken to ensure that the principle of the Convention is taken into consideration in the job evaluation scheme in the public service, in particular that it does not only provide for equal remuneration for “equal”, “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. It asks the Government to provide information on the job evaluation scheme established, the occupational categories determined and their remuneration levels, as well as statistical data on the distribution of women and men in each occupational category in the public sector. In light of the gender pay gap especially in the private sector, the Committee also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Monitoring and enforcement. The Committee notes the Government’s general statement, in its report, that there is no wage disparity in the employment policies of either the public or private sectors. In this regard, it wishes to recall that no society is free from discrimination. The Committee requests the Government to provide information on: (i) any activity undertaken to enhance the knowledge and understanding of the competent authorities, including judges, labour inspectors and other public officials of the principle of equal remuneration between men and women for work of equal value; (ii) the measures taken to raise public awareness of the principle of the Convention, and the procedures and the remedies available; and (iii) the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the courts, or any other competent authority, as well as on the sanctions imposed and the remedies granted.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes with regret the Government’s indication, in its report, that the Labour Standards Bill, which will introduce a provision covering the principle of equal remuneration for men and women for work of equal value in the legislation, has not yet been adopted. Recalling that the adoption of the Labour Standards Bill has been pending since 2006, the Committee again urges the Government totake the necessary steps to accelerate the adoption of the Labour Standards Bill that should fully reflect the principle of equal remuneration for men and women for work of “equal value” in its provisions, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Gender wage gap. Application of the Convention in practice. The Committee notes the Government’s indication that the gender pay gap is partly due to the cultural and value systems. It notes the Government’s indication that measures have been taken to address the gender pay gap: (1) implementation of the National Policy on Gender in Education and its Implementation Guide (2021), with a main focus to close the gender gap in school enrolment and drop-out rates at the primary, secondary and tertiary levels; (2) implementation of the Adolescent Girl Initiative for Learning and Empowerment Programme (AGILE) (2020-2025), supported by the World Bank, to enhance women’s economic empowerment and increase women’s access to education and employment; and (3) skills training and capacity building of women entrepreneurs through the “50 Million African Women Speak” project. The Committee takes note of the data provided by the Government on the employment of men and women in different employment sectors for 2019 and 2020. The Government further indicates that statistical data is available in the Nigerian Living Standard Survey 2018-2019, but the Committee notes that this Survey provides information on the poverty rates in urban and rural areas and not on the earnings of men and women in different economic sectors and professional categories. In this regard, the Committee refers to its General Survey on the fundamental Conventions, 2012, paragraph 888. The Committee requests the Government to provide: (i) information on the impact of the measures adopted to address the gender pay gap; (ii) up-to-date statistical data, disaggregated by sex, on the distribution of workers in the public sector, by occupational category, specifying their corresponding remuneration level; and (iii) information on the measures adopted in cooperation with workers and employers’ organizations to raise awareness and promote the application of the provisions of the Convention in practice.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted the Government’s repeated statement that a provision covering the principle of equal remuneration for men and women for work of equal value has been incorporated in the Labour Standards Bill (section 11.2) which has been pending since 2006. The Committee notes the Government’s indication, in its report, that the National Labour Advisory Council has been reconvened and that the Bill will be forwarded to the National Assembly for adoption. The Committee urges again the Government to speed up the adoption of the Labour Standards Bill that should fully reflect the principle of equal remuneration for men and women for work of “equal value” in its provisions, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Gender wage gap. Application of the Convention in practice. The Committee notes that, in the 2021 Global Gender Gap Report from the World Economic Forum, the gender wage gap for Nigeria was estimated at 37.3 per cent (it was 35 per cent in 2018), the country being ranked at the 139th place out of 156 countries assessed (11 places lost between 2020 and 2021). Noting that the government does not provide information in this regard, and in light of the absence of legislation that fully reflects the principle of the Convention and the persistence of a significant gender wage gap, the Committee urges once again the Government to strengthen its efforts to take proactive measures to raise awareness and promote the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further asks the Government to provide information on the measures taken to: (i) address the underlying causes of the persistent gender wage gap, identified in its report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25); (ii) promote women’s access to a wider range of jobs with career prospects and higher pay; (iii) indicate the concrete measures adopted to promote women’s economic empowerment and entrepreneurship, as well as the results thereof; and (iv) provide updated statistical information on the earnings of men and women, disaggregated by economic sector and professional category.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum wage. Referring to its previous comments, the Committee notes the Government’s repeated statement, in its report, that future amendments to the National Minimum Wage Act will extend its coverage to the workforce that is currently excluded, including establishments with less than 50 employees, so that women are not discriminated against or disproportionately impacted in the implementation of the national minimum wage. Noting the Government’s indication that, on 27 October 2017, a Tripartite Committee on National Minimum Wage was established in order to recommend a new national minimum wage for all sectors of the economy, the Committee notes the adoption, on 18 April 2019, of the National Minimum Wage (Amendment) Act which increases the national minimum wage for workers in the private and public sectors. The Committee however notes with regret that despite its repeated statements, the Government did not seize this opportunity, as this was already the case in 2011, to extend the coverage of the national minimum wage to all workers. It notes more particularly that section 4(1) of the new Act still excludes certain workers from its coverage, including those in establishments with less than 25 employees, workers employed on a part-time basis, workers paid on commission or piece rate and workers in seasonal employment such as agriculture. Recalling that women predominate in low-wage employment, the Committee asks the Government to provide information on the extent to which women are impacted by the exclusions from the national minimum wage provided for under the National Minimum Wage (Amendment) Act, 2019, as well as on any steps taken to address the consequences of such exclusions in practice. It further asks the Government to take the necessary steps to extend the scope of the national minimum wage to those sections of the workforce currently excluded from its coverage, and to provide information on any difficulty experienced and progress made in that regard.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Government indicates that the Ministry of Labour and Employment established a monitoring unit in the Trade Union and Industrial Relations Department to monitor the implementation of the agreed wage structure and collective bargaining agreements and ensure that social partners are in compliance with collective agreements. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on any measures taken, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration for men and women for work of equal value through collective agreements. It asks the Government to provide summaries of the provisions on wages determination and equal remuneration for men and women for work of equal value that have been included in collective agreements, and on any assessment made of their implementation, including by the monitoring unit established in the Trade Union and Industrial Relations Department. The Committee 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.

Article 3. Objective job evaluation. The Government previously indicated that it had accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. The Committee notes the Government’s indication that the Office of the Head of the Civil Service of the Federation (OHCSF), which is in charge of job evaluation in the public service, has been requested to provide information on the steps and measures taken to redesign the job evaluation scheme to provide for equal remuneration for work of equal value and that information will be provided once feedback is received. The Committee trusts that the Government will be soon in a position to provide information on the measures taken to ensure that the principle of the Convention is taken into consideration in the redesign of the job evaluation scheme in the public service, in particular that it does not only provide for equal remuneration for “equal”, “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. It asks the Government to provide information on the job evaluation scheme established, the occupational categories determined and their remuneration levels, as well as statistical data on the distribution of women and men in each occupational category in the public sector. In light of the gender pay gap especially in the private sector, the Committee also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Monitoring and enforcement. The Government indicates that workers’ organizations constantly train, educate and sensitize their members on their rights at work and how to seek redress when such rights are violated. The Government adds that the Human Rights Commission also conducted campaigns on labour rights and enforces such fundamental human rights in the country. Noting the lack of information provided on the content of such awareness-raising and training activities and their potential impact on the implementation of the principle of the Convention as well as on any case of pay inequality that would have been dealt with by the competent authority, the Committee recalls that no society is free from discrimination and that the absence of complaints on gender-based pay discrimination mentioned by the Government is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 870). It further notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) was concerned at reports that women’s access to justice is often impeded by insufficient budget allocations for legal aid, alleged corruption and stereotyping within the judiciary (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 13). The Committee asks the Government to provide information on the measures taken to raise public awareness of the principle of the Convention, the procedures and the remedies available in order to ensure that in practice complaints concerning pay inequality can be lodged successfully. It asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the courts, or any other competent authority, as well as on the sanctions imposed and the remedies granted. It further asks the Government to provide information on any activity undertaken to enhance the knowledge and understanding of the competent authorities, including judges, labour inspectors and other public officials of the principle of equal remuneration between men and women for work of equal value.

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which would provide for equal remuneration for men and women for work of equal value, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equal remuneration for men and women for work of equal value has been incorporated in the Bill (section 11.2). The Government adds that, in any case, the Constitution provides for equal remuneration for work of equal value. The Committee notes, however, that article 17(3)(e) of the Constitution provides for “equal pay for equal work without discrimination on account of sex, or any other ground”. In this regard, the Committee wishes to recall that the wording of such provision unduly restricts the scope of comparison of jobs performed by men and women and does not reflect the concept of “work of equal value” as provided for under the Convention, which is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill. It notes that, in concluding observations, the United Nations (UN) Human Rights Committee (UNHRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) respectively expressed concern about the delay in adopting the above-mentioned bill and recommended that the Government expedite the adoption of pending laws (CCPR/C/NGA/CO/2, 29 August 2019 and CEDAW/C/NGA/CO/7-8, 24 July 2017). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill. It trusts that real progress will be made soon in adopting legislation that fully reflects the principle of equal remuneration for men and women for work of equal value in its national legislation, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Article 2. Gender wage gap. The Committee notes the Government’s statement that efforts are being made to obtain the statistical information pertinent to evaluate the progress made in the application of the principle of the Convention. In this regard, it recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). However, the Committee observes from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the gender participation gap in labour force participation is still quite significant with an estimate of less than 25 per cent of women making up the country’s formal labour force (NBS, 2018). In this report, the Government acknowledges that, despite women’s contribution to the economy and to combating poverty through both remunerated and unremunerated work at home, in the community and in the workplace, several gender specific disparities exist as far as the country’s economic indices are concerned, in particular as regard women’s access to means of production and provides some concrete examples: (i) Nigerian labour markets are gendered, as a majority of those in formal employment are men. NBS 2018 data confirm that only 32,5 per cent of women were employed in the (non-agricultural) private sector; (ii) women run only 20 per cent of enterprises in the formal sector and 23 per cent of these enterprises are in the retail sector; women make up 37 per cent of the total work force in the garment industry, and they are very poorly represented in the wood, metals, chemicals, construction, and transport industries ; (iii) limited opportunities for employment and a rather small medium-scale enterprise sector have meant that micro or informal enterprise has become a default strategy for many Nigerians; (iv) data show that men are twice as likely to secure finance compared to women. In 2007, for example, about 64 per cent disbursed loans went to male applicants. Some of the reasons behind this include stringent prequalification criteria and a disconnect between available opportunities and women in the rural areas; (v) women’s access to land, a key productive asset is limited: according to the Government’s report, although the Nigeria Land Administration Act is egalitarian on paper, further work is required to operationalize the Act as the predominant practice is patrilineal inheritance (from father to son); (vi) women are significantly under-represented in secure wage employment in both the private and public sectors; and those who have formal sector jobs are constrained by the reproductive roles they play. As a result, many women occupy low-level posts that offer them the flexibility they need to manage their households while working in the formal economy.

The Committee notes further that, according to the Global Gender Gap Report from the World Economic Forum, in 2018 the country gender wage gap was high, being estimated at 35 per cent. In that respect, the Committee observes that, in its concluding observations, the CEDAW was concerned about the lack of information on the activities of labour inspectors to investigate the alleged gender wage gap, especially in the private sector (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35). In light of the absence of legislation that fully reflects the principle of the Convention and the persistence of a significant gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further asks the Government to provide information on the measures taken to address the underlying causes of this persistent gender pay gap, identified in its report under the national-level review of implementation of the Beijing Declaration, such as traditional practices and gender stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, and to promote women’s access to a wider range of jobs with career prospects and higher pay. Noting that the importance of micro-enterprises as the main source of income makes it a strategic area for the empowerment of women, the Committee asks the Government to indicate the concrete measures adopted to promote women’s economic empowerment and entrepreneurship, as well as the results thereof. Finally, the Committee asks the Government to provide updated statistical information on the earnings of men and women, disaggregated by economic sector and occupation.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Article 2 of the Convention. Minimum wage. Referring to its previous comments, the Committee notes the Government’s repeated statement, in its report, that future amendments to the National Minimum Wage Act will extend its coverage to the workforce that is currently excluded, including establishments with less than 50 employees, so that women are not discriminated against or disproportionately impacted in the implementation of the national minimum wage. Noting the Government’s indication that, on 27 October 2017, a Tripartite Committee on National Minimum Wage was established in order to recommend a new national minimum wage for all sectors of the economy, the Committee notes the adoption, on 18 April 2019, of the National Minimum Wage (Amendment) Act which increases the national minimum wage for workers in the private and public sectors. The Committee however notes with regret that despite its repeated statements, the Government did not seize this opportunity, as this was already the case in 2011, to extend the coverage of the national minimum wage to all workers. It notes more particularly that section 4(1) of the new Act still excludes certain workers from its coverage, including those in establishments with less than 25 employees, workers employed on a part-time basis, workers paid on commission or piece rate and workers in seasonal employment such as agriculture. Recalling that women predominate in low-wage employment, the Committee asks the Government to provide information on the extent to which women are impacted by the exclusions from the national minimum wage provided for under the National Minimum Wage (Amendment) Act, 2019, as well as on any steps taken to address the consequences of such exclusions in practice. It further asks the Government to take the necessary steps to extend the scope of the national minimum wage to those sections of the workforce currently excluded from its coverage, and to provide information on any difficulty experienced and progress made in that regard.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Government indicates that the Ministry of Labour and Employment established a monitoring unit in the Trade Union and Industrial Relations Department to monitor the implementation of the agreed wage structure and collective bargaining agreements and ensure that social partners are in compliance with collective agreements. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, the Committee asks the Government to provide information on any measures taken, in cooperation with employers’ and workers’ organizations, to promote the principle of equal remuneration for men and women for work of equal value through collective agreements. It asks the Government to provide summaries of the provisions on wages determination and equal remuneration for men and women for work of equal value that have been included in collective agreements, and on any assessment made of their implementation, including by the monitoring unit established in the Trade Union and Industrial Relations Department. The Committee 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.

Article 3. Objective job evaluation. The Government previously indicated that it had accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. The Committee notes the Government’s indication that the Office of the Head of the Civil Service of the Federation (OHCSF), which is in charge of job evaluation in the public service, has been requested to provide information on the steps and measures taken to redesign the job evaluation scheme to provide for equal remuneration for work of equal value and that information will be provided once feedback is received. The Committee trusts that the Government will be soon in a position to provide information on the measures taken to ensure that the principle of the Convention is taken into consideration in the redesign of the job evaluation scheme in the public service, in particular that it does not only provide for equal remuneration for “equal”, “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. It asks the Government to provide information on the job evaluation scheme established, the occupational categories determined and their remuneration levels, as well as statistical data on the distribution of women and men in each occupational category in the public sector. In light of the gender pay gap especially in the private sector, the Committee also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Monitoring and enforcement. The Government indicates that workers’ organizations constantly train, educate and sensitize their members on their rights at work and how to seek redress when such rights are violated. The Government adds that the Human Rights Commission also conducted campaigns on labour rights and enforces such fundamental human rights in the country. Noting the lack of information provided on the content of such awareness-raising and training activities and their potential impact on the implementation of the principle of the Convention as well as on any case of pay inequality that would have been dealt with by the competent authority, the Committee recalls that no society is free from discrimination and that the absence of complaints on gender-based pay discrimination mentioned by the Government is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey of 2012 on the fundamental Conventions, paragraph 870). It further notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) was concerned at reports that women’s access to justice is often impeded by insufficient budget allocations for legal aid, alleged corruption and stereotyping within the judiciary (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 13). The Committee asks the Government to provide information on the measures taken to raise public awareness of the principle of the Convention, the procedures and the remedies available in order to ensure that in practice complaints concerning pay inequality can be lodged successfully. It asks the Government to provide detailed information on the number, nature and outcomes of any cases or complaints concerning pay inequality dealt with by labour inspectors, the courts, or any other competent authority, as well as on the sanctions imposed and the remedies granted. It further asks the Government to provide information on any activity undertaken to enhance the knowledge and understanding of the competent authorities, including judges, labour inspectors and other public officials of the principle of equal remuneration between men and women for work of equal value.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislation. The Committee previously noted that, for more than ten years, the Government has been indicating that the Labour Standards Bill of 2006, which would provide for equal remuneration for men and women for work of equal value, is yet to be adopted. It notes the Government’s repeated statement, in its report, that a provision covering the principle of equal remuneration for men and women for work of equal value has been incorporated in the Bill (section 11.2). The Government adds that, in any case, the Constitution provides for equal remuneration for work of equal value. The Committee notes, however, that article 17(3)(e) of the Constitution provides for “equal pay for equal work without discrimination on account of sex, or any other ground”. In this regard, the Committee wishes to recall that the wording of such provision unduly restricts the scope of comparison of jobs performed by men and women and does not reflect the concept of “work of equal value” as provided for under the Convention, which is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee notes with deep regret that the Government does not provide information on any progress made in the adoption of the Labour Standards Bill. It notes that, in concluding observations, the United Nations (UN) Human Rights Committee (UNHRC) and the UN Committee on the Elimination of Discrimination against Women (CEDAW) respectively expressed concern about the delay in adopting the above-mentioned bill and recommended that the Government expedite the adoption of pending laws (CCPR/C/NGA/CO/2, 29 August 2019 and CEDAW/C/NGA/CO/7-8, 24 July 2017). The Committee therefore urges the Government to provide updated information on the current status of the adoption of the Labour Standards Bill. It trusts that real progress will be made soon in adopting legislation that fully reflects the principle of equal remuneration for men and women for work of equal value in its national legislation, allowing for the comparison not only of equal, the same or similar work but also of work of an entirely different nature.

Article 2. Gender wage gap. The Committee notes the Government’s statement that efforts are being made to obtain the statistical information pertinent to evaluate the progress made in the application of the principle of the Convention. In this regard, it recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). However, the Committee observes from the 2019 Government’s report under the national-level review of implementation of the Beijing Declaration, that the gender participation gap in labour force participation is still quite significant with an estimate of less than 25 per cent of women making up the country’s formal labour force (NBS, 2018). In this report, the Government acknowledges that, despite women’s contribution to the economy and to combating poverty through both remunerated and unremunerated work at home, in the community and in the workplace, several gender specific disparities exist as far as the country’s economic indices are concerned, in particular as regard women’s access to means of production and provides some concrete examples: (i) Nigerian labour markets are gendered, as a majority of those in formal employment are men. NBS 2018 data confirm that only 32,5 per cent of women were employed in the (non-agricultural) private sector; (ii) women run only 20 per cent of enterprises in the formal sector and 23 per cent of these enterprises are in the retail sector; women make up 37 per cent of the total work force in the garment industry, and they are very poorly represented in the wood, metals, chemicals, construction, and transport industries ; (iii) limited opportunities for employment and a rather small medium-scale enterprise sector have meant that micro or informal enterprise has become a default strategy for many Nigerians; (iv) data show that men are twice as likely to secure finance compared to women. In 2007, for example, about 64 per cent disbursed loans went to male applicants. Some of the reasons behind this include stringent prequalification criteria and a disconnect between available opportunities and women in the rural areas; (v) women’s access to land, a key productive asset is limited: according to the Government’s report, although the Nigeria Land Administration Act is egalitarian on paper, further work is required to operationalize the Act as the predominant practice is patrilineal inheritance (from father to son); (vi) women are significantly under-represented in secure wage employment in both the private and public sectors; and those who have formal sector jobs are constrained by the reproductive roles they play. As a result, many women occupy low-level posts that offer them the flexibility they need to manage their households while working in the formal economy.

The Committee notes further that, according to the Global Gender Gap Report from the World Economic Forum, in 2018 the country gender wage gap was high, being estimated at 35 per cent. In that respect, the Committee observes that, in its concluding observations, the CEDAW was concerned about the lack of information on the activities of labour inspectors to investigate the alleged gender wage gap, especially in the private sector (CEDAW/C/NGA/CO/7-8, 24 July 2017, paragraph 35). In light of the absence of legislation that fully reflects the principle of the Convention and the persistence of a significant gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the provisions of the Convention in practice, in particular among workers, employers, their respective organizations and law enforcement officials. It further asks the Government to provide information on the measures taken to address the underlying causes of this persistent gender pay gap, identified in its report under the national-level review of implementation of the Beijing Declaration, such as traditional practices and gender stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family, and to promote women’s access to a wider range of jobs with career prospects and higher pay. Noting that the importance of micro-enterprises as the main source of income makes it a strategic area for the empowerment of women, the Committee asks the Government to indicate the concrete measures adopted to promote women’s economic empowerment and entrepreneurship, as well as the results thereof. Finally, the Committee asks the Government to provide updated statistical information on the earnings of men and women, disaggregated by economic sector and occupation.

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

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Legislation. The Committee notes the Government’s indication that section 3(f) of the Labour Standards Bill, which will provide for equal remuneration for men and women for work of equal value, is still under review. The Committee hopes that the Labour Standards Bill, which has been pending since 2006, will be adopted soon, and requests the Government to ensure that the final version of the Bill gives full expression to the principle of equal remuneration for men and women for work of equal value.

Article 2. Minimum wage. With regard to its previous comments concerning the exclusion from the National Minimum Wage (Amendment) Act, 2011, of establishments with less than 50 employees, the Committee notes the Government’s indication that future amendments to the National Minimum Wage Act will extend its coverage to the workforce that is currently excluded. The Government also reports that no survey or study has been carried out on the gender composition of small business establishments. The Committee requests the Government to provide information on the progress made in extending the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from its coverage. The Committee also requests the Government to examine whether women are disproportionally impacted by the exclusion of such establishments from the national minimum wage scheme and, if so, to provide information on any steps taken to address the consequences of such exclusion.

The Committee notes with regret that the Government’s report contains no reply to its previous comments. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that it has accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. Noting that pay disputes in the public sector never refer to gender based pay discrimination, the Committee requests the Government to provide information on measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration in the redesigning of the job evaluation scheme, in particular that it does not only provide for equal remuneration for “equal”, “same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. The Committee requests the Government to provide more information on the measures taken or envisaged in that regard.

Monitoring and enforcement. The Committee wishes to recall that no society is free from discrimination and that the absence of complaints of gender based pay discrimination stated by the Government in its report is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee requests the Government to identify the applicable substantive and procedural provisions related to the implementation of the principle of equal remuneration for men and women for work of equal value, and to provide information on measures taken to ensure that such provisions, in practice, allow claims to be brought successfully. The Committee also requests the Government to collect and publish information on the nature and outcome of equal remuneration complaints and cases, as a means of raising awareness of the above provisions, and in order to examine the effectiveness of their procedures and mechanisms.

Statistics and reports. The Committee notes the Government’s indication that surveys carried out in the public sector did not reveal any discrimination in remuneration between men and women. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee requests the Government to provide statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value in the private as well as the public sectors.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Legislation. The Committee notes that, while the Government briefly indicates that it has noted its comments to ensure the principle of the Convention is reflected in any new labour legislation, the Government provides no further information in this respect. The Committee requests the Government to provide detailed information on measures taken to ensure any forthcoming national legislation in the area of labour law, including the Labour Standards Bill that has been pending since 2008, gives full expression to the principle of equal remuneration for men and women for work of equal value. Please provide information in this regard.

Article 2. Minimum wage. The Committee notes the Government’s justification for limiting the application of the National Minimum Wage (Amendment) Act, 2011, to establishments with 50 or more employees, which is to encourage small-scale establishments to grow. In this regard, the Committee emphasizes that while a uniform national minimum wage system helps to raise the earnings of the lowest paid and therefore has an effect of reducing the gender pay gap, special attention is needed in the design or adjustment of minimum wage schemes to ensure that the rates fixed are free from gender bias (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee therefore invites the Government to provide any recent studies or surveys assessing the gender composition of small-scale business establishments to examine whether women are disproportionally impacted by the exclusion of such establishments from the national minimum wage scheme. The Committee also requests the Government to indicate measures taken to extend the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from the coverage.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that it has accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. Noting that pay disputes in the public sector never refer to gender-based pay discrimination, the Committee requests the Government to provide information on measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration in the redesigning of the job evaluation scheme, in particular that it does not only provide for equal remuneration for “equal”, “ same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. The Committee requests the Government to provide more information on the measures taken or envisaged in that regard.

Part III of the report form. Monitoring and enforcement. The Committee wishes to recall that no society is free from discrimination and that the absence of complaints of gender-based pay discrimination stated by the Government in its report is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee invites the Government to identify the applicable substantive and procedural provisions related to the implementation of the principle of equal remuneration for men and women for work of equal value, and to provide information on measures taken to ensure that such provisions, in practice, allow claims to be brought successfully. The Committee also invites the Government to collect and publish information on the nature and outcome of equal remuneration complaints and cases, as a means of raising awareness of the above provisions, and in order to examine the effectiveness of their procedures and mechanisms.

Statistics and reports. The Committee notes the Government’s indication that surveys carried out in the public sector did not reveal any discrimination in remuneration between men and women. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee requests the Government to provide statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value in the private as well as the public sectors.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. Legislation. The Committee notes that, while the Government briefly indicates that it has noted its comments to ensure the principle of the Convention is reflected in any new labour legislation, the Government provides no further information in this respect. The Committee requests the Government to provide detailed information on measures taken to ensure any forthcoming national legislation in the area of labour law, including the Labour Standards Bill that has been pending since 2008, gives full expression to the principle of equal remuneration for men and women for work of equal value. Please provide information in this regard.

Article 2. Minimum wage. The Committee notes the Government’s justification for limiting the application of the National Minimum Wage (Amendment) Act, 2011, to establishments with 50 or more employees, which is to encourage small-scale establishments to grow. In this regard, the Committee emphasizes that while a uniform national minimum wage system helps to raise the earnings of the lowest paid and therefore has an effect of reducing the gender pay gap, special attention is needed in the design or adjustment of minimum wage schemes to ensure that the rates fixed are free from gender bias (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee therefore invites the Government to provide any recent studies or surveys assessing the gender composition of small-scale business establishments to examine whether women are disproportionally impacted by the exclusion of such establishments from the national minimum wage scheme. The Committee also requests the Government to indicate measures taken to extend the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from the coverage.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that it has accepted the recommendation of the Pay Consolidation Committee and other bodies to redesign the existing job evaluation scheme. Noting that pay disputes in the public sector never refer to gender-based pay discrimination, the Committee requests the Government to provide information on measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration in the redesigning of the job evaluation scheme, in particular that it does not only provide for equal remuneration for “equal”, “ same” or “similar” work but also addresses situations where men and women perform different work that is nevertheless of equal value. The Committee requests the Government to provide more information on the measures taken or envisaged in that regard.

Part III of the report form. Monitoring and enforcement. The Committee wishes to recall that no society is free from discrimination and that the absence of complaints of gender-based pay discrimination stated by the Government in its report is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). Consequently, the Committee invites the Government to identify the applicable substantive and procedural provisions related to the implementation of the principle of equal remuneration for men and women for work of equal value, and to provide information on measures taken to ensure that such provisions, in practice, allow claims to be brought successfully. The Committee also invites the Government to collect and publish information on the nature and outcome of equal remuneration complaints and cases, as a means of raising awareness of the above provisions, and in order to examine the effectiveness of their procedures and mechanisms.

Statistics and reports. The Committee notes the Government’s indication that surveys carried out in the public sector did not reveal any discrimination in remuneration between men and women. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and to make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891). The Committee requests the Government to provide statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value in the private as well as the public sectors.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes the Government’s indication that there is no discrimination in remuneration, citing section 17(3)(e) of the Constitution of 1999, which requires the Government to set a policy to ensure equal pay for equal work without discrimination on account of sex, and section 3(l) and (m) of the National Salaries, Income and Wages Commission Act of 1993, establishing the functions of the National Salaries, Incomes and Wages Commission to examine, streamline and recommend salary scales, and to examine rationalization and harmonization of wages and salaries. The Committee also notes the Government’s indication given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill has not yet been adopted. The Committee asks the Government to take steps to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the principle of the Convention, namely equal remuneration for men and women for work of equal value.

Article 2. Minimum wages. The Committee notes the adoption of the National Minimum Wage (Amendment) Act, 2011, which raised the national minimum wage to 18,000 naira. However, the Committee also notes that the new amendment still excludes certain workers from its coverage, including workers at establishments with less than 50 employees, and part-time workers. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, and that it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the measures taken to extend the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from the coverage.

Article 3. Objective job evaluation. The Committee recalls that, in 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee notes that activities of the Department of Evaluation and Grading include updating the job evaluation designed in 1974, but no further information has been provided. The Committee again asks the Government to provide information on how the Committee on Consolidation of Emoluments in the Public Sector takes the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Statistics and reports. The Committee asks the Government to provide information that would assist the Committee in assessing the practical application of the Convention, such as statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes the Government’s indication that there is no discrimination in remuneration, citing section 17(3)(e) of the Constitution of 1999, which requires the Government to set a policy to ensure equal pay for equal work without discrimination on account of sex, and section 3(l) and (m) of the National Salaries, Income and Wages Commission Act of 1993, establishing the functions of the National Salaries, Incomes and Wages Commission to examine, streamline and recommend salary scales, and to examine rationalization and harmonization of wages and salaries. The Committee also notes the Government’s indication given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill has not yet been adopted. The Committee asks the Government to take steps to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the principle of the Convention, namely equal remuneration for men and women for work of equal value.

Article 2. Minimum wages. The Committee notes the adoption of the National Minimum Wage (Amendment) Act, 2011, which raised the national minimum wage to 18,000 naira. However, the Committee also notes that the new amendment still excludes certain workers from its coverage, including workers at establishments with less than 50 employees, and part-time workers. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, and that it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the measures taken to extend the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from the coverage.

Article 3. Objective job evaluation. The Committee recalls that, in 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee notes that activities of the Department of Evaluation and Grading include updating the job evaluation designed in 1974, but no further information has been provided. The Committee again asks the Government to provide information on how the Committee on Consolidation of Emoluments in the Public Sector takes the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Statistics and reports. The Committee asks the Government to provide information that would assist the Committee in assessing the practical application of the Convention, such as statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Work of equal value. The Committee notes the Government’s indication that there is no discrimination in remuneration, citing section 17(3)(e) of the Constitution of 1999, which requires the Government to set a policy to ensure equal pay for equal work without discrimination on account of sex, and section 3(l) and (m) of the National Salaries, Income and Wages Commission Act of 1993, establishing the functions of the National Salaries, Incomes and Wages Commission to examine, streamline and recommend salary scales, and to examine rationalization and harmonization of wages and salaries. The Committee also notes the Government’s indication given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill has not yet been adopted. The Committee asks the Government to take steps to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the principle of the Convention, namely equal remuneration for men and women for work of equal value.

Article 2. Minimum wages. The Committee notes the adoption of the National Minimum Wage (Amendment) Act, 2011, which raised the national minimum wage to 18,000 naira. However, the Committee also notes that the new amendment still excludes certain workers from its coverage, including workers at establishments with less than 50 employees, and part-time workers. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, and that it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey on fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to indicate the measures taken to extend the scope of the National Minimum Wage (Amendment) Act, 2011, to those sections of the workforce currently excluded from the coverage.

Article 3. Objective job evaluation. The Committee recalls that, in 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee notes that activities of the Department of Evaluation and Grading include updating the job evaluation designed in 1974, but no further information has been provided. The Committee again asks the Government to provide information on how the Committee on Consolidation of Emoluments in the Public Sector takes the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Statistics and reports. The Committee asks the Government to provide information that would assist the Committee in assessing the practical application of the Convention, such as statistics on the earnings of men and women, disaggregated by sex, economic sector and occupational category, as well as studies or reports addressing the issue of equal remuneration for men and women for work of equal value.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indications given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill included provisions on sex discrimination in employment. The Committee asks the Government to indicate the measures taken to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the Convention’s provisions which provide for equal remuneration for men and women for work of equal value.

Minimum wages. The Committee notes the Government’s statement that measures will be taken to amend the Minimum Wage Act to ensure the application of the Convention. The Committee hopes that the Government will be in a position to report on any concrete measures taken to amend the Act to extend its scope to those sections of the workforce currently excluded from coverage.

Article 3. Objective job evaluation. The Committee notes that the Government is considering the report of the Wages, Salaries and Emolument Relativity Panel set up in 2004, which examined pay differences in the private and public sectors. In 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee asks the Government to collect and provide information on how these bodies take the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Part V of the report form. General appreciation of the application of the Convention. The Committee notes that no annual sample survey on employment, wages and hours of work has been undertaken since 2002. It asks the Government to provide a copy of the next survey as soon as it has been completed, as well as any other information at the Government’s disposal that would assist the Committee in assessing the practical application of the Convention, such as studies or reports addressing the issue of equal pay for men and women.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indications given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill included provisions on sex discrimination in employment. The Committee asks the Government to indicate the measures taken to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the Convention’s provisions which provide for equal remuneration for men and women for work of equal value.

Minimum wages. The Committee notes the Government’s statement that measures will be taken to amend the Minimum Wage Act to ensure the application of the Convention. The Committee hopes that the Government will be in a position to report on any concrete measures taken to amend the Act to extend its scope to those sections of the workforce currently excluded from coverage.

Article 3. Objective job evaluation. The Committee notes that the Government is considering the report of the Wages, Salaries and Emolument Relativity Panel set up in 2004, which examined pay differences in the private and public sectors. In 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee asks the Government to collect and provide information on how these bodies take the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Part V of the report form. General appreciation of the application of the Convention. The Committee notes that no annual sample survey on employment, wages and hours of work has been undertaken since 2002. It asks the Government to provide a copy of the next survey as soon as it has been completed, as well as any other information at the Government’s disposal that would assist the Committee in assessing the practical application of the Convention, such as studies or reports addressing the issue of equal pay for men and women.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indications given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill included provisions on sex discrimination in employment. The Committee asks the Government to indicate the measures taken to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the Convention’s provisions which provide for equal remuneration for men and women for work of equal value.

Minimum wages. The Committee notes the Government’s statement that measures will be taken to amend the Minimum Wage Act to ensure the application of the Convention. The Committee hopes that the Government will be in a position to report on any concrete measures taken to amend the Act to extend its scope to those sections of the workforce currently excluded from coverage.

Article 3. Objective job evaluation. The Committee notes that the Government is considering the report of the Wages, Salaries and Emolument Relativity Panel set up in 2004, which examined pay differences in the private and public sectors. In 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee asks the Government to collect and provide information on how these bodies take the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

Part V of the report form. General appreciation of the application of the Convention. The Committee notes that no annual sample survey on employment, wages and hours of work has been undertaken since 2002. It asks the Government to provide a copy of the next survey as soon as it has been completed, as well as any other information at the Government’s disposal that would assist the Committee in assessing the practical application of the Convention, such as studies or reports addressing the issue of equal pay for men and women.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indications given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill included provisions on sex discrimination in employment. The Committee asks the Government to indicate the measures taken to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the Convention’s provisions which provide for equal remuneration for men and women for work of equal value.

2. Minimum wages. The Committee notes the Government’s statement that measures will be taken to amend the Minimum Wage Act to ensure the application of the Convention. The Committee hopes that the Government will be in a position to report on any concrete measures taken to amend the Act to extend its scope to those sections of the workforce currently excluded from coverage.

3. Article 3. Objective job evaluation. The Committee notes that the Government is considering the report of the Wages, Salaries and Emolument Relativity Panel set up in 2004, which examined pay differences in the private and public sectors. In 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee asks the Government to collect and provide information on how these bodies take the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

4. Part V of the report form. General appreciation of the application of the Convention. The Committee notes that no annual sample survey on employment, wages and hours of work has been undertaken since 2002. It asks the Government to provide a copy of the next survey as soon as it has been completed, as well as any other information at the Government’s disposal that would assist the Committee in assessing the practical application of the Convention, such as studies or reports addressing the issue of equal pay for men and women.

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

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes the Government’s indications given in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Standards Bill included provisions on sex discrimination in employment. The Committee asks the Government to indicate the measures taken to ensure, in the context of any forthcoming legislative initiative in the area of labour law, that national legislation gives full expression to the Convention’s provisions which provide for equal remuneration for men and women for work of equal value.

2. Minimum wages. The Committee notes the Government’s statement that measures will be taken to amend the Minimum Wage Act to ensure the application of the Convention. The Committee hopes that the Government will be in a position to report on any concrete measures taken to amend the Act to extend its scope to those sections of the workforce currently excluded from coverage.

3. Article 3. Objective job evaluation. The Committee notes that the Government is considering the report of the Wages, Salaries and Emolument Relativity Panel set up in 2004, which examined pay differences in the private and public sectors. In 2005, a Presidential Committee on Consolidation of Emoluments in the Public Sector was set up and the Salaries, Incomes and Wages Commission was reconstituted. The Committee asks the Government to collect and provide information on how these bodies take the principle of equal remuneration for work of equal value into consideration. Please also provide further information on the progress made in updating the job evaluation and grading survey of 1974.

4. Part V of the report form. General appreciation of the application of the Convention. The Committee notes that no annual sample survey on employment, wages and hours of work has been undertaken since 2002. It asks the Government to provide a copy of the next survey as soon as it has been completed, as well as any other information at the Government’s disposal that would assist the Committee in assessing the practical application of the Convention, such as studies or reports addressing the issue of equal pay for men and women.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that a review of the labour laws has been completed and submitted to the federal Government for action. Recalling its previous comments to the effect that the narrow wording of the equal pay principle contained in article 17(3)(e) of the 1999 Constitution does not in itself ensure the application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention, the Committee hopes that the Government will make every effort to ensure in the context of these legislative initiatives that national legislation gives full legal expression to the provisions of the Convention.

2. Minimum wages. The Committee recalls that the National Minimum Wage Act excludes a large section of the workforce from its scope, namely 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 and civil aviation. In this regard, the Committee notes the Government’s statement that measures would be taken to review the Minimum Wage Act. The Committee asks the Government to provide information on any progress made to review the Minimum Wage Act with a view to extending its personal scope. The Committee also reiterates its request to the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the Convention to low-paid workers who are currently not covered by the National Minimum Wage Act.

3. Article 3. Objective job evaluation. The Committee recalls that in 1998, the Public Service Review Commission initiated a process of updating the job evaluation and grading survey of 1974. It notes that the Government reiterates its request for technical assistance from the ILO to complete this process. The Committee hopes that such assistance would be provided in the near future and that any review of remuneration structures will take the requirements of the Convention into account. The Government is asked to provide information on any further developments in this regard.

4. Part V of the report form. General appreciation of the application of the Convention. The Committee recalls its previous comments concerning the need to collect and analyse statistical data on the earnings of men and women. The recent statistical information that has been supplied to the Committee is the 2002 Annual Sample Survey on employment, wages, and hours of work published by the Ministry of Employment, Labour and Productivity. The Committee asks the Government to supply copies of the subsequent Annual Sample Survey or any other statistical information on wages, disaggregated by sex, that may be available. Noting that the Government once again requests the technical assistance on statistics, the Committee hopes that it will be possible to provide such assistance in the near future and that it would take into account the Committee’s 2002 general observation.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the very brief report of the Government indicating that the labour law review has not yet been completed and that the copies of any new laws would be supplied as soon as adopted. The Committee also notes that the Bill to implement the United Nations Convention on the Elimination of All Forms of Discrimination against Women was still before the National Assembly. Recalling its previous comments to the effect that the narrow wording of the equal pay principle contained in article 17(3)(e) of the Constitution does not in itself ensure the application of the principle of equal remuneration for men and women workers for work of equal value as set out in the Convention, the Committee hopes that the Government will make every effort to ensure in the context of these legislative initiatives that national legislation gives full legal expression to the provisions of the Convention. Further, the Committee asks the Government to provide full information in reply to the following parts of its previous direct request:

2. The Committee notes from the Government’s report under Convention No. 26 that a tripartite ad hoc committee on the national minimum wage was set up in 2000, resulting in the National Minimum Wage Act of 1981 being amended in June 2000. Recalling in this respect that the minimum wage is in itself a significant means of ensuring the application of the Convention, the Committee is bound to reiterate the concern that is expressed in previous comments that the National Minimum Wage Act excludes a large section of the workforce from its scope, namely 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 and civil aviation. The Committee therefore asks the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the Convention to low-paid workers who are not covered by the National Minimum Wage Act.

3. The Committee notes the Government’s statement that it is planning to reconstitute the board of the tripartite National Salaries, Incomes and Wages Commission, which was dissolved in 1994. It notes that in 2000 the abovementioned Commission launched a national remuneration survey of the private and federal sectors, but that due to technical and financial constraints it has not been able to complete the survey. The Committee notes the Government’s request for the technical assistance of the ILO to help complete the national remuneration survey of the private and federal sectors and hopes that it will be possible to provide such assistance in the near future. It also hopes that any review of remuneration structures in the private and federal sectors will incorporate a gender analysis and will take account of the requirements of the Convention, and that the results of the survey will be supplied to the Office.

4. The Committee notes the Government’s statement that in 1998 the Public Service Review Commission (the UDORJI Commission) instigated a process of updating the job evaluation and grading survey of 1974. It notes that, due to technical and financial constraints, the UDORJI Commission has not been able to complete the process of updating the job evaluation and grading survey. The Committee also notes the Government’s request for the technical assistance of the ILO to help complete the updating process and hopes that it will be possible to provide such assistance in the near future and that the updated job evaluation and grading survey will be based on analytical job evaluation methodology using objective criteria, such as responsibility, skill, effort and working environment, and that every effort will be made to remove gender bias in the process. Please supply information on any developments of the job evaluation grading process.

5. The Committee notes the statistical information, disaggregated by sex, published by the Ministry of Employment Labour and Productivity in the Annual sample survey on employment, wages, earnings and hours of work of 2000 and 2001, copies of which were provided by the Government. The Committee notes that the wage gap between men and women workers persists and that the labour market is still very segregated. In this respect, the Committee notes the publication in 2000 by the Federal Ministry of Women’s Affairs and Youth Development of the National policy on women, a copy of which was provided by the Government. It notes that women are only employed in low numbers in the formal economy, as a result of the social discrimination in education and training, and the gender-based division of labour being reflected in that sector. The Committee notes that the Government’s objective is to promote equality of treatment between men and women in wages and salaried employment, with particular reference to the private sector, and to encourage equal access to education and skill acquisition programmes for women in order to increase the demand for their labour at all levels, particularly at the managerial and executive levels. The Committee asks the Government to continue to provide information with its next report on the promotional measures taken or envisaged to reduce the wage gap and sex segregation of the labour market. It also asks the Government to continue to provide statistical information disaggregated by sex with its next report. Noting the Government’s request for the technical assistance of the ILO to produce a statistical survey on employment, wages, earnings and hours of work, the Committee hopes it will be possible to provide such assistance in the near future.

6. The Committee reiterates its previous request for more detailed information on the activities carried out by a number of bodies established by the Wages Boards and Industrial Councils Act, 1990, namely, the National Wages Board; the Area Minimum Wage Committees for the federal States; and the Joint Industrial Councils for specific industries, which negotiate agreements on wages, among other matters. Please also provide information on the activities carried out by the National Committee of Women and Children. The Committee hopes that the Government will provide detailed information with its next report on the activities carried out by the above bodies as they relate to promoting the principle of equal remuneration for men and women workers for work of equal value.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report and the attached documentation.

1. The Committee notes from the Government’s report the establishment in 2000 of the National Consultative and Coordinating Committee (NCCC) and the creation in 2002 of the National Technical Team of Experts (NTTE). It notes that both the NCCC and the NTTE are to monitor and evaluate the implementation of various platforms for action, including the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Drawing attention to the provisions in CEDAW on equal pay for work of equal value, the Committee notes that the NCCC and NTTE have contributed to drafting a Bill to implement CEDAW and that this Bill is now before the National Assembly. The Committee hopes that the Bill will give full expression to the provisions of the Convention and asks the Government to provide with its next report copies of the Bill and/or the adopted legislation, and to keep it informed of the progress made in this regard. It also asks the Government to provide information on any promotional measures adopted or envisaged by the NCCC and the NTTE in relation to the principle of equal remuneration for men and women workers for work of equal value.

2. The Committee notes from the Government’s report under Convention No. 26 that a tripartite ad hoc committee on the national minimum wage was set up in 2000, resulting in the National Minimum Wage Act of 1981 being amended in June 2000. Recalling in this respect that the minimum wage is in itself a significant means of ensuring the application of the Convention, the Committee is bound to reiterate the concern that is expressed in previous comments that the National Minimum Wage Act excludes a large section of the workforce from its scope, namely 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 and civil aviation. The Committee therefore asks the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the Convention to low-paid workers who are not covered by the National Minimum Wage Act.

3. The Committee notes the Government’s statement that it is planning to reconstitute the board of the tripartite National Salaries, Incomes and Wages Commission, which was dissolved in 1994. It notes that in 2000 the abovementioned Commission launched a national remuneration survey of the private and federal sectors, but that due to technical and financial constraints it has not been able to complete the survey. The Committee notes the Government’s request for the technical assistance of the ILO to help complete the national remuneration survey of the private and federal sectors and hopes that it will be possible to provide such assistance in the near future. It also hopes that any review of remuneration structures in the private and federal sectors will incorporate a gender analysis and will take account of the requirements of the Convention, and that the results of the survey will be supplied to the Office.

4. The Committee notes the Government’s statement that in 1998 the Public Service Review Commission (the UDORJI Commission) instigated a process of updating the job evaluation and grading survey of 1974. It notes that, due to technical and financial constraints, the UDORJI Commission has not been able to complete the process of updating the job evaluation and grading survey. The Committee also notes the Government’s request for the technical assistance of the ILO to help complete the updating process and hopes that it will be possible to provide such assistance in the near future and that the updated job evaluation and grading survey will be based on analytical job evaluation methodology using objective criteria, such as responsibility, skill, effort and working environment and that every effort will be made to remove gender bias in the process. Please supply information on any developments of the job evaluation grading process.

5. The Committee notes the statistical information, disaggregated by sex, published by the Ministry of Employment Labour and Productivity in the Annual sample survey on employment, wages, earnings and hours of work of 2000 and 2001, copies of which were provided by the Government. The Committee notes that the wage gap between men and women workers persists and that the labour market is still very segregated. In this respect, the Committee notes the publication in 2000 by the Federal Ministry of Women’s Affairs and Youth Development of the National policy on women, a copy which was provided by the Government. It notes that women are only employed in low numbers in the formal economy, as a result of the social discrimination in education and training, and the gender-based division of labour being reflected in that sector. The Committee notes that the Government’s objective is to promote equality of treatment between men and women in wages and salaried employment, with particular reference to the private sector, and to encourage equal access to education and skill acquisition programmes for women in order to increase the demand for their labour at all levels, particularly at the managerial and executive levels. The Committee asks the Government to continue to provide information with its next report on the promotional measures taken or envisaged to reduce the wage gap and sex segregation of the labour market. It also asks the Government to continue to provide statistical information disaggregated by sex with its next report. Noting the Government’s request for the technical assistance of the ILO to produce a statistical survey on employment, wages, earnings and hours of work, the Committee hopes it will be possible to provide such assistance in the near future.

6. The Committee reiterates its previous request for more detailed information on the activities carried out by a number of bodies established by the Wages Boards and Industrial Councils Act, 1990, namely, the National Wages Board; the Area Minimum Wage Committees for the federal States; and the Joint Industrial Councils for specific industries, which negotiate agreements on wages, among other matters. Please also provide information on the activities carried out by the National Committee of Women and Children. The Committee hopes that the Government will provide detailed information with its next report on the activities carried out by the above bodies as they relate to promoting the principle of equal remuneration for men and women workers for work of equal value.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the adoption of a new Constitution in 1999. It notes in particular article 17(3)(e), which states that "there is equal pay for equal work without discrimination on account of sex, or on any other ground whatsoever". Noting that this is the same wording as in the former Constitution, the Committee is bound to point out once again that the principle of equal remuneration for work of equal value provides broader protection against gender discrimination because it requires remuneration rates to be established on the basis of an analytical assessment of the value of the job using objective criteria. The Committee is still of the opinion that the narrow formulation of article 17(3)(e) of the Constitution does not in itself ensure the application of the principle set out in the Convention. Noting that a wage gap between men and women persists in the country and that the labour market is highly sex-segregated, the Committee asks the Government to provide information with its next report on the legislative or other regulatory measures which have been taken or are envisaged to ensure the full implementation of the principle of equal remuneration for men and women workers for work of equal value.

2. In this connection, the Committee notes the Government’s statement that it is currently reviewing all national labour legislation. The Committee hopes that the Government will take the opportunity afforded by its review of labour laws to ensure that the national legislation is in conformity with the principle of equal remuneration for men and women workers for work of equal value, as provided for in the Convention.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its observation, the Committee notes that it has received a copy of the Wages Boards and Industrial Relations Act, 1990. It notes that the Act provides for the issue of Industrial Wages Board Orders fixing statutory minimum wages and statutory minimum conditions, for those industries in which it is found that the wages are unreasonably low or for which no adequate machinery exists for the effective regulation of wages or other conditions of employment. Section 11 of the Act specifies that no order shall contravene rights touching conditions of employment, holidays or wages conferred upon any worker by or under any other enactment or written law. The Act further provides for the establishment of a National Wages Board and Area Minimum Wage Committees for the federal states, and for Joint Industrial Councils for particular industries for the purpose of negotiating and reaching agreements relating to, amongst other matters, wages. The Board’s functions include, amongst others, examining the application to all unskilled workers of any agreed minimum wage rate in any specified area and carrying out specific investigations on matters referred to it by the Minister. The Committee requests the Government to provide information on the sectors or industries covered by Industrial Wage Board Orders and the corresponding statutory minimum wage rates, as well as information on the activities of the National Wages Board as regards the application of the principle of equal remuneration between men and women for work of equal value. Please also furnish copies of Industrial Wage Board Orders establishing statutory minimum wages as well as any agreements concluded by Joint Industrial Councils.

2. The Committee notes from the Government’s report on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NGA/2-3, page 14) that a National Committee of Women and Children had been set up to undertake a comprehensive review of all the laws in force in view of bringing them in line with CEDAW and to recommend appropriate amendments. It further notes that this National Committee has submitted its report to the federal Government together with a far-reaching draft law on the rights of women touching all aspects of CEDAW and that it is hoped that the Government will soon take action in this regard. The Committee hopes that the draft law will give full expression to the provisions of the Convention and requests the Government to furnish copies of the report of the National Committee on Women and Children and the draft law on the rights of women, and to keep it informed about the progress made in this regard.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. The Committee has observed that, since ratifying the Convention more than 20 years ago, the Government has not furnished information which provides an adequate basis for assessing the application of the Convention. For the most part, the Government’s reports have contained the type of broad statement repeated in its latest brief report, indicating that the principle of the Convention is applied and that no contraventions of its practical application have been reported. As concerns the legislative framework, the Government has relied on the narrow formulation of equal pay for equal work, contained in article 17(3)(e) of the Constitution and on the provisions of the National Minimum Wage Act, 1981, which exclude a large section of the workforce from its scope (namely, 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). While the Government indicated previously that the National Labour Advisory Council was to review the coverage of the Act, no reference has been made to this matter in the Government’s present report. Likewise, the Government has not provided sufficient information on the practical application of the Convention.

2. In its latest report, the Government states that sections 10 and 11 of the Wages Boards and Industrial Councils Act, 1990, deal extensively with the Convention. The Committee asks the Government to furnish the legislation and to provide information on its implementation. The Committee has located other recently enacted legislation - ­the National Salaries and Wages Commission Decree (No. 99 of 1993) - which appears to be of significance to the application of the Convention, as it provides for the establishment of a commission with wide functions, inter alia: to advise the federal Government on national incomes policy; to encourage research on wages structure (including industrial, occupational and regional and any other similar factor, income distribution and household consumption patterns); to establish and run a data bank or other information centre relating to data on wages and prices or any other variable and for that purpose to collaborate with data collection agencies to design and develop an adequate information system; to examine, streamline and recommend salary scales applicable to each post in the public service; and to examine the salary structures in the public and private sectors and recommend a general wages framework with reasonable features which are in consonance with the national economy. The Committee requests the Government to provide information in its next report on the functioning of the Commission, particularly as concerns any progress being made to collect data that would illustrate the extent to which the Convention is being applied in practice. It also hopes that any review of salary structures in the public and private sectors will take account of the requirements of the Convention and asks the Government to indicate any progress made in this regard.

3. Recalling paragraph 253 of its 1986 General Survey on equal remuneration, the Committee observes that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to it, without further details being provided. It therefore trusts that the Government will reply to the above requests for information with as much detail as possible. The Committee also reminds the Government that the Office may be called upon to provide advice and technical assistance concerning the application of the Convention.

[...]

The Committee is raising other points in a request directly addressing the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  Further to its observation, the Committee notes that it has received a copy of the Wages Boards and Industrial Relations Act, 1990. It notes that the Act provides for the issue of Industrial Wages Board Orders fixing statutory minimum wages and statutory minimum conditions, for those industries in which it is found that the wages are unreasonably low or for which no adequate machinery exists for the effective regulation of wages or other conditions of employment. Section 11 of the Act specifies that no order shall contravene rights touching conditions of employment, holidays or wages conferred upon any worker by or under any other enactment or written law. The Act further provides for the establishment of a National Wages Board and Area Minimum Wage Committees for the federal states, and for Joint Industrial Councils for particular industries for the purpose of negotiating and reaching agreements relating to, amongst other matters, wages. The Board’s functions include, amongst others, examining the application to all unskilled workers of any agreed minimum wage rate in any specified area and carrying out specific investigations on matters referred to it by the Minister. The Committee requests the Government to provide information on the sectors or industries covered by Industrial Wage Board Orders and the corresponding statutory minimum wage rates, as well as information on the activities of the National Wages Board as regards the application of the principle of equal remuneration between men and women for work of equal value. Please also furnish copies of Industrial Wage Board Orders establishing statutory minimum wages as well as any agreements concluded by Joint Industrial Councils.

2.  The Committee notes from the Government’s report on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NGA/2-3, page 14) that a National Committee of Women and Children had been set up to undertake a comprehensive review of all the laws in force in view of bringing them in line with CEDAW and to recommend appropriate amendments. It further notes that this National Committee has submitted its report to the federal Government together with a far-reaching draft law on the rights of women touching all aspects of CEDAW and that it is hoped that the Government will soon take action in this regard. The Committee hopes that the draft law will give full expression to the provisions of the Convention and requests the Government to furnish copies of the report of the National Committee on Women and Children and the draft law on the rights of women, and to keep it informed about the progress made in this regard.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It trusts that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which reads as follows:

1.  The Committee has observed that, since ratifying the Convention more than 20 years ago, the Government has not furnished information which provides an adequate basis for assessing the application of the Convention. For the most part, the Government’s reports have contained the type of broad statement repeated in its latest brief report, indicating that the principle of the Convention is applied and that no contraventions of its practical application have been reported. As concerns the legislative framework, the Government has relied on the narrow formulation of equal pay for equal work, contained in article 17(3)(e) of the Constitution and on the provisions of the National Minimum Wage Act, 1981, which exclude a large section of the workforce from its scope (namely, 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). While the Government indicated previously that the National Labour Advisory Council was to review the coverage of the Act, no reference has been made to this matter in the Government’s present report. Likewise, the Government has not provided sufficient information on the practical application of the Convention.

2.  In its latest report, the Government states that sections 10 and 11 of the Wages Boards and Industrial Councils Act, 1990, deal extensively with the Convention. The Committee asks the Government to furnish the legislation and to provide information on its implementation. The Committee has located other recently enacted legislation - ­the National Salaries and Wages Commission Decree (No. 99 of 1993) - which appears to be of significance to the application of the Convention, as it provides for the establishment of a commission with wide functions, inter alia: to advise the federal Government on national incomes policy; to encourage research on wages structure (including industrial, occupational and regional and any other similar factor, income distribution and household consumption patterns); to establish and run a data bank or other information centre relating to data on wages and prices or any other variable and for that purpose to collaborate with data collection agencies to design and develop an adequate information system; to examine, streamline and recommend salary scales applicable to each post in the public service; and to examine the salary structures in the public and private sectors and recommend a general wages framework with reasonable features which are in consonance with the national economy. The Committee requests the Government to provide information in its next report on the functioning of the Commission, particularly as concerns any progress being made to collect data that would illustrate the extent to which the Convention is being applied in practice. It also hopes that any review of salary structures in the public and private sectors will take account of the requirements of the Convention and asks the Government to indicate any progress made in this regard.

3.  Recalling paragraph 253 of its 1986 General Survey on equal remuneration, the Committee observes that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to it, without further details being provided. It therefore trusts that the Government will reply to the above requests for information with as much detail as possible. The Committee also reminds the Government that the Office may be called upon to provide advice and technical assistance concerning the application of the Convention.

The Committee is raising other points in a request directly addressing the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its observation, the Committee notes that it has received a copy of the Wages Boards and Industrial Relations Act, 1990. It notes that the Act provides for the issue of Industrial Wages Board Orders fixing statutory minimum wages and statutory minimum conditions, for those industries in which it is found that the wages are unreasonably low or for which no adequate machinery exists for the effective regulation of wages or other conditions of employment. Section 11 of the Act specifies that no order shall contravene rights touching conditions of employment, holidays or wages conferred upon any worker by or under any other enactment or written law. The Act further provides for the establishment of a National Wages Board and Area Minimum Wage Committees for the federal states, and for Joint Industrial Councils for particular industries for the purpose of negotiating and reaching agreements relating to, amongst other matters, wages. The Board's functions include, amongst others, examining the application to all unskilled workers of any agreed minimum wage rate in any specified area and carrying out specific investigations on matters referred to it by the Minister. The Committee requests the Government to provide information on the sectors or industries covered by Industrial Wage Board Orders and the corresponding statutory minimum wage rates, as well as information on the activities of the National Wages Board as regards the application of the principle of equal remuneration between men and women for work of equal value. Please also furnish copies of Industrial Wage Board Orders establishing statutory minimum wages as well as any agreements concluded by Joint Industrial Councils.

2. The Committee notes from the Government's report on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NGA/2-3, page 14) that a National Committee of Women and Children had been set up to undertake a comprehensive review of all the laws in force in view of bringing them in line with CEDAW and to recommend appropriate amendments. It further notes that this National Committee has submitted its report to the federal Government together with a far-reaching draft law on the rights of women touching all aspects of CEDAW and that it is hoped that the Government will soon take action in this regard. The Committee hopes that the draft law will give full expression to the provisions of the Convention and requests the Government to furnish copies of the report of the National Committee on Women and Children and the draft law on the rights of women, and to keep it informed about the progress made in this regard.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

1. The Committee has observed that, since ratifying the Convention more than 20 years ago, the Government has not furnished information which provides an adequate basis for assessing the application of the Convention. For the most part, the Government's reports have contained the type of broad statement repeated in its latest brief report, indicating that the principle of the Convention is applied and that no contraventions of its practical application have been reported. As concerns the legislative framework, the Government has relied on the narrow formulation of equal pay for equal work, contained in article 17(3)(e) of the Constitution and on the provisions of the National Minimum Wage Act, 1981, which exclude a large section of the workforce from its scope (namely, 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). While the Government indicated previously that the National Labour Advisory Council was to review the coverage of the Act, no reference has been made to this matter in the Government's present report. Likewise, the Government has not provided sufficient information on the practical application of the Convention. 2. In its latest report, the Government states that sections 10 and 11 of the Wages Boards and Industrial Councils Act, 1990, deal extensively with the Convention. The Committee asks the Government to furnish the legislation and to provide information on its implementation. The Committee has located other recently enacted legislation - the National Salaries and Wages Commission Decree (No. 99 of 1993) - which appears to be of significance to the application of the Convention, as it provides for the establishment of a commission with wide functions, inter alia: to advise the federal Government on national incomes policy; to encourage research on wages structure (including industrial, occupational and regional and any other similar factor, income distribution and household consumption patterns); to establish and run a data bank or other information centre relating to data on wages and prices or any other variable and for that purpose to collaborate with data collection agencies to design and develop an adequate information system; to examine, streamline and recommend salary scales applicable to each post in the public service; and to examine the salary structures in the public and private sectors and recommend a general wages framework with reasonable features which are in consonance with the national economy. The Committee requests the Government to provide information in its next report on the functioning of the Commission, particularly as concerns any progress being made to collect data that would illustrate the extent to which the Convention is being applied in practice. It also hopes that any review of salary structures in the public and private sectors will take account of the requirements of the Convention and asks the Government to indicate any progress made in this regard. 3. Recalling paragraph 253 of its 1986 General Survey on equal remuneration, the Committee observes that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to it, without further details being provided. It therefore trusts that the Government will reply to the above requests for information with as much detail as possible. The Committee also reminds the Government that the Office may be called upon to provide advice and technical assistance concerning the application of the Convention. (...)

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is raising other points in a request directly addressing the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. Further to its observation, the Committee notes that it has received a copy of the Wages Boards and Industrial Relations Act, 1990. It notes that the Act provides for the issue of Industrial Wages Board Orders fixing statutory minimum wages and statutory minimum conditions, for those industries in which it is found that the wages are unreasonably low or for which no adequate machinery exists for the effective regulation of wages or other conditions of employment. Section 11 of the Act specifies that no order shall contravene rights touching conditions of employment, holidays or wages conferred upon any worker by or under any other enactment or written law. The Act further provides for the establishment of a National Wages Board and Area Minimum Wage Committees for the federal states, and for Joint Industrial Councils for particular industries for the purpose of negotiating and reaching agreements relating to, amongst other matters, wages. The Board's functions include, amongst others, examining the application to all unskilled workers of any agreed minimum wage rate in any specified area and carrying out specific investigations on matters referred to it by the Minister. The Committee requests the Government to provide information on the sectors or industries covered by Industrial Wage Board Orders and the corresponding statutory minimum wage rates, as well as information on the activities of the National Wages Board as regards the application of the principle of equal remuneration between men and women for work of equal value. Please also furnish copies of Industrial Wage Board Orders establishing statutory minimum wages as well as any agreements concluded by Joint Industrial Councils.

2. The Committee notes from the Government's report on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW/C/NGA/2-3, page 14) that a National Committee of Women and Children had been set up to undertake a comprehensive review of all the laws in force in view of bringing them in line with CEDAW and to recommend appropriate amendments. It further notes that this National Committee has submitted its report to the federal Government together with a far-reaching draft law on the rights of women touching all aspects of CEDAW and that it is hoped that the Government will soon take action in this regard. The Committee hopes that the draft law will give full expression to the provisions of the Convention and requests the Government to furnish copies of the report of the National Committee on Women and Children and the draft law on the rights of women, and to keep it informed about the progress made in this regard.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous comments, the Committee has observed that, since ratifying the Convention more than 20 years ago, the Government has not furnished information which provides an adequate basis for assessing the application of the Convention. For the most part, the Government's reports have contained the type of broad statement repeated in its latest brief report, indicating that the principle of the Convention is applied and that no contraventions of its practical application have been reported. As concerns the legislative framework, the Government has relied on the narrow formulation of equal pay for equal work, contained in article 17(3)(e) of the Constitution and on the provisions of the National Minimum Wage Act, 1981, which exclude a large section of the workforce from its scope (namely, 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). While the Government indicated previously that the National Labour Advisory Council was to review the coverage of the Act, no reference has been made to this matter in the Government's present report. Likewise, the Government has not provided sufficient information on the practical application of the Convention. 2. In its latest report, the Government states that sections 10 and 11 of the Wages Boards and Industrial Councils Act, 1990, deal extensively with the Convention. The Committee observes that this legislation has not been referred to previously by the Government. Moreover, as the Committee has not been able to locate a copy of the Act, it asks the Government to furnish the legislation and to provide information on its implementation. However, the Committee has located other recently-enacted legislation -- the National Salaries and Wages Commission Decree (No. 99 of 1993) -- which appears to be of significance to the application of the Convention, as it provides for the establishment of a commission with wide functions, inter alia: to advise the federal Government on national incomes policy; to encourage research on wages structure (including industrial, occupational and regional and any other similar factor, income distribution and household consumption patterns); to establish and run a data bank or other information centre relating to data on wages and prices or any other variable and for that purpose to collaborate with data collection agencies to design and develop an adequate information system; to examine, streamline and recommend salary scales applicable to each post in the public service; and to examine the salary structures in the public and private sectors and recommend a general wages framework with reasonable features which are in consonance with the national economy. The Committee requests the Government to provide information in its next report on the functioning of the Commission, particularly as concerns any progress being made to collect data that would illustrate the extent to which the Convention is being applied in practice. It also hopes that any review of salary structures in the public and private sectors will take account of the requirements of the Convention and asks the Government to indicate any progress made in this regard. 3. Recalling paragraph 253 of its 1986 General Survey on equal remuneration, the Committee observes that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to it, without further details being provided. It therefore trusts that the Government will reply to the above requests for information with as much detail as possible. The Committee also reminds the Government that the Office may be called upon to provide advice and technical assistance concerning the application of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is raising other points in a request directly addressing the Government.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous comments, the Committee has observed that, since ratifying the Convention more than 20 years ago, the Government has not furnished information which provides an adequate basis for assessing the application of the Convention. For the most part, the Government's reports have contained the type of broad statement repeated in its latest brief report, indicating that the principle of the Convention is applied and that no contraventions of its practical application have been reported. As concerns the legislative framework, the Government has relied on the narrow formulation of equal pay for equal work, contained in article 17(3)(e) of the Constitution and on the provisions of the National Minimum Wage Act, 1981, which exclude a large section of the workforce from its scope (namely, 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). While the Government indicated previously that the National Labour Advisory Council was to review the coverage of the Act, no reference has been made to this matter in the Government's present report. Likewise, the Government has not provided sufficient information on the practical application of the Convention.

2. In its latest report, the Government states that sections 10 and 11 of the Wages Boards and Industrial Councils Act, 1990, deal extensively with the Convention. The Committee observes that this legislation has not been referred to previously by the Government. Moreover, as the Committee has not been able to locate a copy of the Act, it asks the Government to furnish the legislation and to provide information on its implementation. However, the Committee has located other recently-enacted legislation - the National Salaries and Wages Commission Decree (No. 99 of 1993) - which appears to be of significance to the application of the Convention, as it provides for the establishment of a commission with wide functions, inter alia: to advise the federal Government on national incomes policy; to encourage research on wages structure (including industrial, occupational and regional and any other similar factor, income distribution and household consumption patterns); to establish and run a data bank or other information centre relating to data on wages and prices or any other variable and for that purpose to collaborate with data collection agencies to design and develop an adequate information system; to examine, streamline and recommend salary scales applicable to each post in the public service; and to examine the salary structures in the public and private sectors and recommend a general wages framework with reasonable features which are in consonance with the national economy. The Committee requests the Government to provide information in its next report on the functioning of the Commission, particularly as concerns any progress being made to collect data that would illustrate the extent to which the Convention is being applied in practice. It also hopes that any review of salary structures in the public and private sectors will take account of the requirements of the Convention and asks the Government to indicate any progress made in this regard.

3. Recalling paragraph 253 of its 1986 General Survey on equal remuneration, the Committee observes that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to it, without further details being provided. It therefore trusts that the Government will reply to the above requests for information with as much detail as possible. The Committee also reminds the Government that the Office may be called upon to provide advice and technical assistance concerning the application of the Convention.

[The Government is asked to supply full particulars to the Conference at its 85th Session.]

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

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

1. In its previous comments, the Committee referred to the categories of workers excluded from the National Minimum Wage Act, 1981 (workers of establishments employing fewer than 50 workers, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping or civil aviation) and requested the Government to supply information, including copies of any relevant circulars or codes adopted by the Nigerian Employers' Consultative Association (NECA) concerning the payment to these workers of wage rates in accordance with the Act. Noting the Government's indication in its previous report that the relevant circulars or codes will be forwarded "as soon as they are available", the Committee again expresses the hope that the information requested will be provided with the next government report.

2. Noting that the copy of the productivity scheme for the Agip Energy & Natural Resources (Nigeria) Ltd. attached to the Government's report does not contain any information on remuneration, the Committee again requests the Government to supply samples of productivity schemes and data submitted to the Federal Minister of Employment, Labour and Productivity, detailing the wages, salaries and fringe benefits paid to all categories of workers and the number of employees in each occupational group, pursuant to the requirements of the Incomes Guidelines 1990 issued by the Productivity, Prices and Incomes Board of the Federal Ministry of Finance and Economic Development.

3. Further to its previous comments on the application of the principle of equal remuneration for work of equal value but of a different nature, the Committee requests the Government to furnish with its next report the job evaluation document previously referred to by the Government as being utilized in the appraisal and grading of jobs before salaries are fixed. It also requests the Government to supply copies of the collective agreements concluded in the textile industry, which were not received with the report.

4. With regard to the public sector, the Committee requests the Government to provide detailed information concerning the application in practice of the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information contained in the Government's report and the attached document.

1. In its previous comments, the Committee referred to the categories of workers excluded from the National Minimum Wage Act, 1981 (workers of establishments employing fewer than 50 workers, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping or civil aviation) and requested the Government to supply information, including copies of any relevant circulars or codes adopted by the Nigerian Employers' Consultative Association (NECA) concerning the payment to these workers of wage rates in accordance with the Act. Noting the Government's indication that the relevant circulars or codes will be forwarded "as soon as they are available", the Committee again expresses the hope that the information requested will be provided with the next government report.

2. Noting that the copy of the productivity scheme for the Agip Energy & Natural Resources (Nigeria) Ltd. attached to the Government's report does not contain any information on remuneration, the Committee again requests the Government to supply samples of productivity schemes and data submitted to the Federal Minister of Employment, Labour and Productivity, detailing the wages, salaries and fringe benefits paid to all categories of workers and the number of employees in each occupational group, pursuant to the requirements of the Incomes Guidelines 1990 issued by the Productivity, Prices and Incomes Board of the Federal Ministry of Finance and Economic Development.

3. Further to its previous comments on the application of the principle of equal remuneration for work of equal value but of a different nature, the Committee requests the Government to furnish with its next report the job evaluation document previously referred to by the Government as being utilized in the appraisal and grading of jobs before salaries are fixed. It also requests the Government to supply copies of the collective agreements concluded in the textile industry, which were not received with the report.

4. With regard to the public sector, the Committee requests the Government to provide detailed information concerning the application in practice of the principle of equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government's report and attached documentation.

1. In its previous comments, the Committee requested the Government to provide information concerning the application of the principle of equal remuneration in the private sector.

(i) As concerns the categories of workers excluded from the National Minimum Wage Act 1981, the Committee had requested the Government to supply information, including copies of any relevant circulars or codes adopted by the Nigerian Employers' Consultative Association (NECA) concerning payment to these workers of wage rates in accordance with the Act. The Committee notes from the report that the Government has invited the NECA to respond to the Committee's request. The Committee recalls the obligation encumbent upon the Government under Article 2 of the Convention to promote the application of the principle of equal remuneration, as well as the obligation under Article 4 of the Convention to co-operate with the relevant employers' and workers' organisations for the purpose of giving effect to the Convention. It hopes accordingly that the information requested will be furnished with the next government report.

(ii) Further to its previous comments, the Committee notes the statement of the Government according to which compliance with the Convention is monitored through the scrutiny of all collective agreements: discriminatory provisions in fringe benefits are not approved and consequently not implemented. The Committee also refers to the requirements of the Incomes Policy Guidelines 1990 issued by the Productivity, Prices and Incomes Board of the Federal Ministry of Finance and Economic Development (similar versions of which appear to have been issued regularly for some years) which provide that any negotiated increases in salaries and wages together with negotiated revisions or introductions of fringe benefits must receive the approval of the Federal Minister of Employment, Labour and Productivity. The Committee also notes that establishments employing ten or more persons are required to submit to that Ministry, full information on the wages, salaries and fringe benefits paid to all categories of their employees together with details on the number of employees in each occupational group, with their productivity schemes (Part A - Wages and Salaries, Private Sector, paragraphs (i), (ii) and (iv)). In view of the fact that these provisions bring under government control not only all increases in wages, salaries and fringe benefits but also information on the wages paid to employees in establishments where ten or more persons are employed, the Committee requests the Government to indicate whether measures are also being taken or contemplated to ensure compliance with the principle of the Convention at the same time as reviews are made of documentation submitted under the above-mentioned guidelines. The Committee also requests the Government to furnish with its next report some samples of the documentation required to be submitted with productivity schemes under Part A, paragraph (iv) of the above-mentioned guidelines.

(iii) The Committee notes that the Government has again given its assurance that texts of collective agreements concluded in sectors employing a comparatively high number of women will be forwarded as soon as they are available. Recalling that the Government has reiterated its intention to forward these agreements for some years, the Committee trusts that the texts requested will be forwarded without further delay.

2. The Committee notes the information provided by the Government concerning remuneration in the public sector, including Administrative Circular No. 1/1988, "Elongation of the salary grade levels in the public sector" and its annexure (Unified grading and salary structure) and the pay slips for employees in the Federal Ministry of Employment, Labour and Productivity. The Committee would be grateful if the Government would continue to supply information concerning the application of the Convention in the public sector.

3. As concerns the application of the principle of equal remuneration in regard to wages paid for work of equal value but of a different nature, the Committee notes from the report that jobs are evaluated and graded before salaries are fixed. The Committee requests the Government to provide the job evaluation document referred to in the report in the near future.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information contained in the Government's report and attached documentation.

1. In its previous comments, the Committee requested the Government to provide information concerning the application of the principle of equal remuneration in the private sector.

(i) As concerns the categories of workers excluded from the National Minimum Wage Act 1981, the Committee had requested the Government to supply information, including copies of any relevant circulars or codes adopted by the Nigerian Employers' Consultative Association (NECA) concerning payment to these workers of wage rates in accordance with the Act. The Committee notes from the report that the Government has invited the NECA to respond to the Committee's request. The Committee recalls the obligation encumbent upon the Government under Article 2 of the Convention to promote the application of the principle of equal remuneration, as well as the obligation under Article 4 of the Convention to co-operate with the relevant employers' and workers' organisations for the purpose of giving effect to the Convention. It hopes accordingly that the information requested will be furnished with the next government report.

(ii) Further to its previous comments, the Committee notes the statement of the Government according to which compliance with the Convention is monitored through the scrutiny of all collective agreements: discriminatory provisions in fringe benefits are not approved and consequently not implemented. The Committee also refers to the requirements of the Incomes Policy Guidelines 1990 issued by the Productivity, Prices and Incomes Board of the Federal Ministry of Finance and Economic Development (similar versions of which appear to have been issued regularly for some years) which provide that any negotiated increases in salaries and wages together with negotiated revisions or introductions of fringe benefits must receive the approval of the Federal Minister of Employment, Labour and Productivity. The Committee also notes that establishments employing ten or more persons are required to submit to that Ministry, full information on the wages, salaries and fringe benefits paid to all categories of their employees together with details on the number of employees in each occupational group, with their productivity schemes (Part A - Wages and Salaries, Private Sector, paragraphs (i), (ii) and (iv)). In view of the fact that these provisions bring under government control not only all increases in wages, salaries and fringe benefits but also information on the wages paid to employees in establishments where ten or more persons are employed, the Committee requests the Government to indicate whether measures are also being taken or contemplated to ensure compliance with the principle of the Convention at the same time as reviews are made of documentation submitted under the above-mentioned guidelines. The Committee also requests the Government to furnish with its next report some samples of the documentation required to be submitted with productivity schemes under Part A, paragraph (iv) of the above-mentioned guidelines.

(iii) The Committee notes that the Government has again given its assurance that texts of collective agreements concluded in sectors employing a comparatively high number of women will be forwarded as soon as they are available. Recalling that the Government has reiterated its intention to forward these agreements for some years, the Committee trusts that the texts requested will be forwarded without further delay.

2. The Committee notes the information provided by the Government concerning remuneration in the public sector, including Administrative Circular No. 1/1988, "Elongation of the salary grade levels in the public sector" and its annexure (Unified grading and salary structure) and the pay slips for employees in the Federal Ministry of Employment, Labour and Productivity. The Committee would be grateful if the Government would continue to supply information concerning the application of the Convention in the public sector.

3. As concerns the application of the principle of equal remuneration in regard to wages paid for work of equal value but of a different nature, the Committee notes from the report that jobs are evaluated and graded before salaries are fixed. The Committee requests the Government to provide the job evaluation document referred to in the report in the near future.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in reply to its previous request as well as the text of the incomes policy guide-lines, 1977/78. Noting also the Government's indication that there are no new legislative or other measures affecting the application of the Convention, the Committee requests the Government to supply with its next report further information on the following points:

1. In respect of the application of the principle of equal remuneration to workers excluded from the scope of the National Minimum Wage Act of 1981 (workers of establishments employing fewer than 50 workers, 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 indicates that these categories of workers in practice are not paid rates that are less than the minimum wage because their employers are invariably members of the Employers' Association who pay rates in accordance with the provisions of the Minimum Wage Act.

The Committee asks the Government to indicate how it is ensured that members of the Employers' Association pay minimum wage rates to workers excluded from the scope of the Minimum Wage Act, and to supply copies of any relevant circulars or codes of conduct adopted by the Employers' Association.

2. The Committee notes that the incomes policy guide-lines, 1977/78, do not distinguish men and women workers in respect of the maximum percentage of increase of wages (A(i) of the guide-lines), and requests the Government to continue to furnish with its reports the most recent version of the same or similar guide-lines. It also notes that, according to the incomes policy guide-lines A(iii) and (iv), the salary review sheets showing the annual increments, merit increments and promotions in the two preceding years together with those for the current year should be forwarded to the Federal Ministry of Labour for checking, and that any change in the level of existing fringe benefits or the introduction of new items of fringe benefits should be submitted to the Federal Ministry of Labour for approval. The Committee requests the Government to provide information on any measures taken or contemplated in this connection to monitor compliance with the principle of the Convention and on any cases of non-compliance noted with regard to wages and such fringe benefits as child allowances and housing.

3. In several previous comments, the Committee requested the Government to furnish the text of the Government regulations that fix the rates of remuneration in the public sector. Noting the Government's indication that remuneration in the Civil Service comes under a unified grading and salary system, the Committee requests the Government to supply copies of any statutory or administrative instruments governing the system of grading and remuneration in the Civil Service, and any other branches of the public sector, including details concerning occupations such as the nursing profession, where a high number of women are employed.

4. The Committee notes that, for some years, the reports of the Government have contained no new information on the application of the principle of the Convention in the private sector. It refers to paragraph 29 of its 1986 General Survey on Equal Remuneration, where it pointed out that the obligation to promote the application of the principle, as well as the obligation to co-operate with the employers' and workers' organisations concerned for the purpose of giving effect to the provisions of the Convention, call for positive action. In the absence of specific legislation or other measures to give effect to the Convention, the Committee requests the Government to indicate in particular how the principle of equal remuneration is applied with regard to wages effectively paid where men and women perform in practice jobs of a different nature but equal value. In this connection, the Government may wish to refer also to paragraphs 44 to 70 of the 1986 General Survey, concerning criteria for "work of equal value", as well as paragraphs 79 and following, concerning the definition of remuneration and paragraphs 102 to 198, concerning a variety of means by which the application to all workers of the principle of the Convention may be furthered.

The Committee accordingly requests the Government to provide full information on the methods adopted or under consideration to promote the application of the principle of equal remuneration to wages above the legal minimum, and also to specify the measures taken to co-operate with the employers' and workers' organisations for the purpose of giving effect to the provisions of the Convention.

5. For some years, the Committee has noted the assurances given by the Government that the texts of collective agreements concluded in sectors employing a comparatively high number of women (for example the nursing profession) will be forwarded for examination. The Committee notes the Government's indication that such collective agreements are national in scope and do not contain special provisions on remuneration of women employees. It hopes that copies of national collective agreements in sectors employing a comparatively high number of women will shortly be supplied by the Government.