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Equal Remuneration Convention, 1951 (No. 100) - Eritrea (Ratification: 2000)

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

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Article 1(a) of the Convention. Definition of remuneration. The Committee notes the Government’s indication that the amendments envisaged to the Labour Proclamation No. 118/2001 will broaden the definition of remuneration contained in section 3(15). Recalling that it has been raising this issue for over a decade, the Committee urges the Government to make every effort to ensure that, for the purpose of applying the principle of the Convention, the revised provision of the Labour Proclamation encompasses all components of remuneration set out in Article 1(a) of the Convention, and firmly hopes that the amendments will be adopted in the nearest future. It requests the Government to provide information on the progress made.
Articles 1(b), 2 and 3. Equal remuneration for work of equal value. Objective job evaluation. Private sector. The Committee recalls that section 41(1) of the Labour Proclamation No. 118/2001 provides for the payment to employees of “equal starting wages for the same type of work”. It notes that, despite its previous comments and explanations, the Government reiterates that it believes that the principle provided within the Labour Proclamation No.118/2001 is not narrower than “equal remuneration for men and women for work of equal value” as established by the Convention. The Government also states that: (1) the legislation provides only for minimum working conditions while collective agreements give full expression to the principle of the Convention; and (2) it takes the necessary measures, in cooperation with the social partners, to ensure that the principle of equal remuneration for work of equal value is reflected in collective agreements. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern about the fact that the principle of equal pay for work of equal value is not being applied, especially in the private sector (CEDAW/C/ERI/CO/6, 10 March 2020, paragraph 37). Referring to its previous comments, the Committee urges once again the Government to: (i) give full legislative expression to the principle of equal remuneration between men and women for work of equal value in the Labour Proclamation or otherwise, so as to provide not only for equal remuneration for “the same type of work”, but also address situations where men and women perform different work that is nevertheless of equal value overall; (ii) provide for some method of measuring and comparing the relative value of different jobs, and provide information on the methods and criteria for objective job evaluation that are being promoted and used to compare factors such as skills, effort, responsibilities and working conditions; and (iii)provide copies of the collective agreements containing provisions expressly providing for “equal remuneration for men and women for work of equal value”, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Civil service. The Committee notes the Government’s indication that, with technical support of the Eritrean Center for Organizational Excellence (ERCOE), different state-owned enterprises can be able to develop objective job evaluation by comparing factors, such as skills, effort, responsibilities and working conditions. The Committee requests the Government to provide detailed information on: (i) the methods and factors used for objective job evaluation in the civil service; (ii) the job evaluation process and the classification of positions being currently carried out under the Civil Service Proclamation, in particular indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. It also again urges the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to provide a copy of the text once it is adopted.
Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the Labour Advisory Board has not yet been established. The Government also states that consultations with workers’ and employers’ organizations are held at regular intervals. The Committee requests the Government to provide: (i) specific information on any consultation with the social partners conducted regarding the principle of equal remuneration for men and women for work of equal value, and its outcome; and (ii) updated information on the establishment of the Labour Advisory Board.
Awareness-raising and enforcement. The Committee notes the Government’s indication that very few cases of discrimination have been reported to the Ministry of Labour under section 65(2) of the Labour Proclamation and that the Labour Relations Board has addressed certain cases in the transport and social service sectors. It is however unclear from the Government’s report whether these cases concerned the violation of the principle of equal remuneration between men and women for work of equal value. The Committee also notes the Government’s statement that the labour inspectors detected violations of the principle of the Convention in the construction sector. The Government furthermore indicates that, although some training and awareness-raising activities have been undertaken, further activities are needed. The Committee requests the Government to specify whether the cases of discrimination addressed by the Ministry of Labour and the Labour Relations Board concern unequal remuneration and, if so, to indicate their outcome. It further asks the Government to provide information on: (i) the sanctions imposed and the remedies granted in connection with the violations of the principle of equal remuneration between men and women for work of equal value detected by the labour inspectors; (ii) any relevant judicial decisions involving this principle; and (iii) any awareness-raising activities carried out.
Statistics. The Committee notes the Government’s indication that specific statistics on the position and levels of pay for men and women in the labour market are unavailable. The Committee again encourages the Government to make every effort and create the necessary conditions to collect and compile statistics, disaggregated by sex, on the distribution of men and women in the various sectors of the economy and their corresponding levels of earnings.

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

Article 1(a) of the Convention. Definition of remuneration. Noting that, once again, the Government acknowledges that the definition of remuneration provided in section 3(15) of the Labour Proclamation No. 118/2001 is narrower than the definition under the Convention and indicates in its report that the Ministry has been engaging in the revision of the Labour Proclamation which will, inter alia, broaden the definition of remuneration, the Committee reiterates its request that the Government ensure that the revised provision encompasses all components of remuneration in line with Article 1(a) of the Convention, and continue to provide updated information on the process of revision of the Labour Proclamation.
Articles 1(b), 2 and 3. Equal remuneration for work of equal value. Objective job evaluation. Private sector. The Committee recalls its previous comments requesting the Government to take the necessary measures to amend the Labour Proclamation with a view to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes that in its report the Government refers to: (i) section 41(1) of the Labour Proclamation No. 118/2001 which provides for the payment to employees of “equal starting wages for the same type of work”; (ii) section 41(1) under which “wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by collective agreement in an undertaking”; and (iii) section 65(1) which prohibits discrimination against women on the basis of sex. The Government indicates that it believes that “the method applicable under the Labour Proclamation is pertinent enough to secure the principle of equal pay for work of equal value”. While noting the Government’s explanations, the Committee reiterates that it considers that the Labour Proclamation only prohibits sex-based pay discrimination against women and only provides for “equal starting wages for the ‘same type of work”. This is narrower than the principle of “equal remuneration for men and women for work of equal value” established by the Convention. The Committee acknowledges that, according to Article 2 of the Convention, this principle can be applied by means of legislation or collective agreements or otherwise. It recalls however that, once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention and that legal provisions that are narrower than this principle, because they do not give expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination (see General Survey on the fundamental Conventions, 2012, paragraphs 676 and 679). If the Convention is applied by means of collective agreements, these agreements should reflect the principle of “equal remuneration for men and women for work of equal value” and the Government should take the necessary steps, in cooperation with the social partners, to ensure that provisions of collective agreements observe this principle (see General Survey, 2012, op cit., paragraphs 680–681). In this regard, noting that the Government refers to “objective appraisal”, the Committee would like to underline that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 of this instrument presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. The Committee also emphasizes that “objective job evaluation”, which is to measure the relative value of jobs with varying content on the basis of the work to be performed, is different from “performance appraisal” to which the Government’s report refers as it aims at evaluating the performance of an individual worker in carrying out his or her job (see General Survey, 2012, op cit., paras 695–696). The Committee urges the Government to take the necessary steps to amend the Labour Proclamation, which is currently under revision, so as to give full legislative expression to the principle of equal remuneration for men and women for work of equal value established by the Convention and provide for some method of measuring and comparing the relative value of different jobs. The Committee asks once again the Government to provide copies of the collective agreements containing provisions expressly providing for “equal remuneration for men and women for work of equal value”, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned
Equal remuneration for work of equal value. Objective job evaluation. Civil service. The Committee notes the Government’s indication that, according to section 6 of the draft Civil Service Proclamation, all positions in the civil service are classified by the administration on the basis of a Position Classification Method. The Government further indicates that the classification method will reflect the following principles: (i) “equal grade should derive from substantially equal work”; and (ii) “classifications should be made according to substantial differences in the complexity of tasks of positions, including effort, supervision, working conditions and responsibility and requested qualifications such as knowledge, skills, abilities and other criteria required to perform the duties of the positions”. The Committee also notes that the Government adds that “the grading and salary structure is based on the position classification system while the salary scales ensure equal pay for equal work and maintain internal equity”. The Committee is of the view that the notion of “substantially equal work” is different from the concept of “work of equal value”. It recalls that the concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, 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, 2012, op cit., paragraph 673). The Committee welcomes however the inclusion in the draft Civil Service Proclamation of a reference to “the complexity of tasks of positions, including effort, supervision, working conditions and responsibility and requested qualifications such as knowledge, skills, abilities and other criteria” in order to determine the classifications of positions (jobs). The Committee asks once again the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also once again asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex.
Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls that it had been requesting the Government to provide more detailed information on the manner and content of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that consultations have frequently been conducted at appropriate intervals over the past couple of decades with workers’ and employers’ organizations regarding practical measures with respect to all conditions of work in light of equal remuneration for men and women for work of equal value. The Government also refers to the Labour Advisory Board envisaged by the Labour Proclamation (section 147) which is not yet established in practice. It further indicates that the draft directives for the establishment of the Board have been finalized and will be approved in the near future. The Committee asks the Government to provide information on any developments regarding the establishment of the Labour Advisory Board and any discussions between the social partners on equal remuneration for men and women in this framework. The Government is also asked to provide specific information on any kind of cooperation developed with workers’ and employers’ organizations regarding the principle of the Convention.
Application of the Convention in practice. Enforcement. The Committee notes the Government’s indication that a number of cases of discrimination have been reported to the Ministry pursuant to section 65(2) of the Labour Proclamation, and appropriate measures were taken in order to rectify the situation. The Committee asks the Government to specify whether these cases are related to pay differentials between men and women and, if so, to indicate the measures taken to remedy the situation. The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. Noting that the Government’s report does not contain any new information in this regard, the Committee asks once again the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention, and to provide detailed information on the contents of any training given to public officials, judges, and labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.
Statistics. The Committee notes that the statistics provided by the Government relate to the number of registered collective agreements according to the number of men and women workers (from 1991 to 2015) and not to the position and levels of pay of men and women in the labour market. Recalling that such statistics are needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee strongly encourages the Government to take the necessary measures to collect and compile such data. The Committee further asks the Government to provide any data available on the participation of men and women in the private and public sectors and their corresponding levels of remuneration.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2012. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition under the Convention. It notes the Government’s indication that the Ministry has been engaging in the revision of the Labour Proclamation, and that the definition will subsequently be broadened in line with Article 1(a) of the Convention. The Committee asks the Government to ensure that the revision encompasses all components of remuneration in line with Article 1(a) of the Convention, and to provide updated information on the process of the revision of the Labour Proclamation. The Committee also asks the Government to indicate how it is ensured in practice that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.
Article 1(b). Equal remuneration for work of equal value. The Committee recalls its previous comments asking the Government to take the necessary measures to amend the Labour Proclamation with a view to providing explicitly for the principle of equal remuneration for men and women for work of equal value. It recalls that the Labour Proclamation provides for non-discrimination in remuneration based on sex, which does not encompass the concept of “equal value”. The Committee notes that the Government reiterates that effect is given to the Convention by means of collective agreements. The Government adds that 142 collective agreements have already been registered with the Ministry, and that almost all undertakings which have collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention. The legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraphs 676 and 679). The Committee asks the Government to take concrete steps to amend the Labour Proclamation, so as to give full legislative expression to the principle under the Convention. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Articles 2 and 3. Civil service. The Committee notes the Government’s indication that the draft Civil Service Proclamation clearly stipulates the principle under the Convention. Recalling the Government’s previous indication that the weighting and measuring of all posts in the civil service had been completed, the Committee also notes the Government’s indication that the programme to introduce the new salary scales is still under way. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification and the new salary scales.
Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government reiterates that at appropriate intervals, consultations are conducted with workers’ and employers’ organizations with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to provide more detailed information on the manner and contents of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value.
Enforcement. The Committee recalls section 65(2) of the Labour Proclamation, according to which the Minister of Labour and Human Welfare may decide whether there is discrimination as regards remuneration on the basis of sex upon a woman’s complaint, and the Minister may order the employer to rectify the situation where the Minister finds discrimination. The Committee notes the Government’s indication that no cases of discrimination in remuneration have been reported. In this regard, the Committee stresses that the lack of court cases regarding equal remuneration or wage discrimination 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 (General Survey, 2012, paragraph 870). The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. It also asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. Please also provide detailed information on the contents of the training given to public officials, judges, labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.
Statistics. The Committee notes that the Government has not provided any statistical information on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups. The Government states in general that there are plenty of women who occupy jobs at different levels including at the highest post of the Government. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to consider seeking assistance to develop the capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention, and recalls that ILO assistance can be requested in this respect.

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

The Committee notes with regret 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(a) of the Convention. Definition of remuneration. The Committee recalls the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition under the Convention. It notes the Government’s indication that the Ministry has been engaging in the revision of the Labour Proclamation, and that the definition will subsequently be broadened in line with Article 1(a) of the Convention. The Committee asks the Government to ensure that the revision encompasses all components of remuneration in line with Article 1(a) of the Convention, and to provide updated information on the process of the revision of the Labour Proclamation. The Committee also asks the Government to indicate how it is ensured in practice that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.
Article 1(b). Equal remuneration for work of equal value. The Committee recalls its previous comments asking the Government to take the necessary measures to amend the Labour Proclamation with a view to providing explicitly for the principle of equal remuneration for men and women for work of equal value. It recalls that the Labour Proclamation provides for non-discrimination in remuneration based on sex, which does not encompass the concept of “equal value”. The Committee notes that the Government reiterates that effect is given to the Convention by means of collective agreements. The Government adds that 142 collective agreements have already been registered with the Ministry, and that almost all undertakings which have collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention. The legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraphs 676 and 679). The Committee asks the Government to take concrete steps to amend the Labour Proclamation, so as to give full legislative expression to the principle under the Convention. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Articles 2 and 3. Civil service. The Committee notes the Government’s indication that the draft Civil Service Proclamation clearly stipulates the principle under the Convention. Recalling the Government’s previous indication that the weighting and measuring of all posts in the civil service had been completed, the Committee also notes the Government’s indication that the programme to introduce the new salary scales is still under way. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification and the new salary scales.
Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that the Government reiterates that at appropriate intervals, consultations are conducted with workers’ and employers’ organizations with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to provide more detailed information on the manner and contents of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value.
Enforcement. The Committee recalls section 65(2) of the Labour Proclamation, according to which the Minister of Labour and Human Welfare may decide whether there is discrimination as regards remuneration on the basis of sex upon a woman’s complaint, and the Minister may order the employer to rectify the situation where the Minister finds discrimination. The Committee notes the Government’s indication that no cases of discrimination in remuneration have been reported. In this regard, the Committee stresses that the lack of court cases regarding equal remuneration or wage discrimination 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 (General Survey, 2012, paragraph 870). The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. It also asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. Please also provide detailed information on the contents of the training given to public officials, judges, labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.
Statistics. The Committee notes that the Government has not provided any statistical information on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups. The Government states in general that there are plenty of women who occupy jobs at different levels including at the highest post of the Government. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to consider seeking assistance to develop the capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention, and recalls that ILO assistance can be requested in this respect.

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

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
Definition of remuneration. The Committee recalls the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition under the Convention. It notes the Government’s indication that the Ministry has been currently engaging in the revision of the Labour Proclamation, and that the definition will subsequently be broadened in line with Article 1(a) of the Convention. The Committee asks the Government to ensure that the revision encompasses all components of remuneration in line with Article 1(a) of the Convention, and to provide updated information on the process of the revision of the Labour Proclamation. The Committee also asks the Government to indicate how it is ensured in practice that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.
Equal remuneration for work of equal value. The Committee recalls its previous comments asking the Government to take the necessary measures to amend the Labour Proclamation with a view to providing explicitly for the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Labour Proclamation provides for non-discrimination in remuneration based on sex, which does not encompass the concept of “equal value”. The Committee notes that the Government reiterates that effect is given to the Convention by means of collective agreements. The Government adds that 142 collective agreements have already been registered with the Ministry, and that almost all undertakings which have collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention. The legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraphs 676 and 679). The Committee asks the Government to take concrete steps to amend the Labour Proclamation, so as to give full legislative expression to the principle under the Convention. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Civil service. The Committee notes the Government’s indication that the draft Civil Service Proclamation clearly stipulates the principle under the Convention. Recalling the Government’s previous indication that the weighting and measuring of all posts in the civil service had been completed, the Committee also notes the Government’s indication that the programme to introduce the new salary scales is still under way. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification and the new salary scales.
Cooperation with workers’ and employers’ organizations. The Committee notes that the Government reiterates that at appropriate intervals, consultations are conducted with workers’ and employers’ organizations with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to provide more detailed information on the manner and contents of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value.
Enforcement. The Committee recalls section 65(2) of the Labour Proclamation, according to which the Minister of Labour and Human Welfare may decide whether there is discrimination as regards remuneration on the basis of sex upon a woman’s complaint, and the Minister may order the employer to rectify the situation where the Minister finds discrimination. The Committee notes the Government’s indication that no cases of discrimination in remuneration have been reported. In this regard, the Committee stresses that the lack of court cases regarding equal remuneration or wage discrimination 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 (General Survey, 2012, paragraph 870). The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. It also asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. Please also provide detailed information on the contents of the training given to public officials, judges, labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.
Statistics. The Committee notes that the Government has not provided any statistical information on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups. The Government states in general that there are plenty of women who occupy jobs at different levels including at the highest post of the Government. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to consider seeking assistance to develop the capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention, and recalls that ILO assistance can be requested in this respect.

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

Definition of remuneration. The Committee recalls the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition under the Convention. It notes the Government’s indication that the Ministry has been currently engaging in the revision of the Labour Proclamation, and that the definition will subsequently be broadened in line with Article 1(a) of the Convention. The Committee asks the Government to ensure that the revision encompasses all components of remuneration in line with Article 1(a) of the Convention, and to provide updated information on the process of the revision of the Labour Proclamation. The Committee also asks the Government to indicate how it is ensured in practice that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.
Equal remuneration for work of equal value. The Committee recalls its previous comments asking the Government to take the necessary measures to amend the Labour Proclamation with a view to providing explicitly for the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Labour Proclamation provides for non-discrimination in remuneration based on sex, which does not encompass the concept of “equal value”. The Committee notes that the Government reiterates that effect is given to the Convention by means of collective agreements. The Government adds that 142 collective agreements have already been registered with the Ministry, and that almost all undertakings which have collective agreements incorporate the principle of equal remuneration for men and women for work of equal value. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention. The legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination (General Survey on fundamental Conventions, 2012, paragraphs 676 and 679). The Committee asks the Government to take concrete steps to amend the Labour Proclamation, so as to give full legislative expression to the principle under the Convention. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Civil service. The Committee notes the Government’s indication that the draft Civil Service Proclamation clearly stipulates the principle under the Convention. Recalling the Government’s previous indication that the weighting and measuring of all posts in the civil service had been completed, the Committee also notes the Government’s indication that the programme to introduce the new salary scales is still underway. The Committee asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated in the final text of the Civil Service Proclamation, and to forward a copy of the text to the Office once it is adopted. It also asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification and the new salary scales.
Cooperation with workers’ and employers’ organizations. The Committee notes that the Government reiterates that at appropriate intervals, consultations are conducted with workers’ and employers’ organizations with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee asks the Government to provide more detailed information on the manner and contents of consultations and their results, as well as other practical measures to ensure equal remuneration for men and women for work of equal value.
Enforcement. The Committee recalls section 65(2) of the Labour Proclamation, according to which the Minister of Labour and Human Welfare may decide whether there is discrimination as regards remuneration on the basis of sex upon a woman’s complaint, and the Minister may order the employer to rectify the situation where the Minister finds discrimination. The Committee notes the Government’s indication that no cases of discrimination in remuneration have been reported. In this regard, the Committee stresses that the lack of court cases regarding equal remuneration or wage discrimination 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 (General Survey, 2012, paragraph 870). The Committee asks the Government to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors or the Minister of Labour and Human Welfare, as well as any judicial decision in this regard. It also asks the Government to take appropriate measures to raise public awareness of the relevant legislation, the procedures and remedies available related to the principle of the Convention. Please also provide detailed information on the contents of the training given to public officials, judges, labour inspectors, with a view to ensuring their capacity in detecting and addressing unequal pay.
Statistics. The Committee notes that the Government has not provided any statistical information on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups. The Government states in general that there are plenty of women who occupy jobs at different levels including at the highest post of the Government. Recalling that statistical information on the levels of remuneration of men and women working in the different sectors of the economy is needed to allow an adequate assessment of the nature and extent of the remuneration gap between men and women, as well as to monitor progress with regard to promoting and ensuring respect for the principle of equal remuneration, the Committee asks the Government to consider seeking assistance to develop the capacity to gather, compile and analyse the statistical information necessary for an adequate evaluation of the status of the application of the Convention, and recalls that ILO assistance can be requested in this respect.

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

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
Definition of remuneration. The Committee notes the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition of the Convention. It further notes that although it is envisaged to broaden such definition, the measures to be taken for that purpose will only be taken within the framework of a global revision of the Labour Proclamation. The Committee expresses the firm hope that the definition of remuneration will be revised in the near future to encompass all components of remuneration in line with Article 1(a) of the Convention and requests the Government to provide information on the progress made in this regard. The Committee further asks the Government to provide information on the manner in which it ensures that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.
Equal remuneration for work of equal value. In its previous comments, the Committee observed that the Labour Proclamation did not fully reflect the principle of equal remuneration for men and women for work of equal value and noted that the Government submitted that remuneration was determined through collective agreements. The Committee notes that the Government reiterates its statement according to which effect is given to the Convention by means of collective agreements, referring in this regard to Article 2 of the Convention. The Committee wishes to emphasize that, while collective agreements are indeed a means of implementing the principle of equal remuneration between men and women for work of equal value, the Convention requires that such principle is applied to all workers. Since the Government indicates in its report that no information is available as regards the extent to which workers in Eritrea are currently covered by collective agreements, the Committee is concerned that the principle of the Convention may not be implemented with regard to all workers and that it may not be possible for workers to enforce their right to equal remuneration for work of equal value and bring claims in that respect. Therefore, the Committee reiterates its request to the Government to take the measures necessary to amend the Labour Proclamation with a view to providing explicitly for the right of men and women to equal remuneration for work of equal value. The Committee further asks the Government to provide information on the steps taken to promote the inclusion of provisions in collective agreements providing for equal remuneration for men and women for work of equal value. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.
Application in the civil service. In its previous comments, the Committee urged the Government to amend the draft civil service legislation to provide for equal remuneration for work of equal value, as envisaged under the Convention. The Committee notes from the Government’s report that the draft Civil Service Code emphasizes “the equality approach on the payment of men and women”. It further notes that, according to the report, the weighing and measuring of all posts in the civil service in accordance with the principles of classification of positions has just been completed and the new salary scale will be established by special task forces constituted by the Government with respect to the classified positions, regardless of the holder of such positions. The Committee asks the Government once again to ensure that the principle of equal remuneration between men and women for work of equal value is incorporated in the draft civil service code. It further asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification, the civil service legislation and the new salary scales.
Cooperation with workers’ and employers’ organizations. Noting that the Government refers in general terms to consultations with the workers’ and employers’ organizations regarding practical measures to ensure equal remuneration for men and women for work of equal value, the Committee would welcome more specific information on such consultations and their results, especially the practical measures adopted to promote the principle of the Convention.
Enforcement. The Committee notes that measures have been taken to provide information and training on the principle of the Convention to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. It further notes that no cases of discrimination in remuneration have been reported and that labour inspectors continue to supervise the application of the principle of equal remuneration in undertakings. The Committee requests the Government to provide more specific information as regards awareness-raising activities carried out on equal remuneration and to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors, as well as any judicial decision handed down in this regard.
Statistics. The Committee asks the Government to provide the most recent statistical information available on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups.

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

Definition of remuneration. The Committee notes the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition of the Convention. It further notes that although it is envisaged to broaden such definition, the measures to be taken for that purpose will only be taken within the framework of a global revision of the Labour Proclamation. The Committee expresses the firm hope that the definition of remuneration will be revised in the near future to encompass all components of remuneration in line with Article 1(a) of the Convention and requests the Government to provide information on the progress made in this regard. The Committee further asks the Government to provide information on the manner in which it ensures that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.

Equal remuneration for work of equal value. In its previous comments, the Committee observed that the Labour Proclamation did not fully reflect the principle of equal remuneration for men and women for work of equal value and noted that the Government submitted that remuneration was determined through collective agreements. The Committee notes that the Government reiterates its statement according to which effect is given to the Convention by means of collective agreements, referring in this regard to Article 2 of the Convention. The Committee wishes to emphasize that, while collective agreements are indeed a means of implementing the principle of equal remuneration between men and women for work of equal value, the Convention requires that such principle is applied to all workers. Since the Government indicates in its report that no information is available as regards the extent to which workers in Eritrea are currently covered by collective agreements, the Committee is concerned that the principle of the Convention may not be implemented with regard to all workers and that it may not be possible for workers to enforce their right to equal remuneration for work of equal value and bring claims in that respect. Therefore, the Committee reiterates its request to the Government to take the measures necessary to amend the Labour Proclamation with a view to providing explicitly for the right of men and women to equal remuneration for work of equal value. The Committee further asks the Government to provide information on the steps taken to promote the inclusion of provisions in collective agreements providing for equal remuneration for men and women for work of equal value. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.

Application in the civil service. In its previous comments, the Committee urged the Government to amend the draft civil service legislation to provide for equal remuneration for work of equal value, as envisaged under the Convention. The Committee notes from the Government’s report that the draft Civil Service Code emphasizes “the equality approach on the payment of men and women”. It further notes that, according to the report, the weighing and measuring of all posts in the civil service in accordance with the principles of classification of positions has just been completed and the new salary scale will be established by special task forces constituted by the Government with respect to the classified positions, regardless of the holder of such positions. The Committee asks the Government once again to ensure that the principle of equal remuneration between men and women for work of equal value is incorporated in the draft civil service code. It further asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification, the civil service legislation and the new salary scales.

Cooperation with workers’ and employers’ organizations. Noting that the Government refers in general terms to consultations with the workers’ and employers’ organizations regarding practical measures to ensure equal remuneration for men and women for work of equal value, the Committee would welcome more specific information on such consultations and their results, especially the practical measures adopted to promote the principle of the Convention.

Enforcement. The Committee notes that measures have been taken to provide information and training on the principle of the Convention to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. It further notes that no cases of discrimination in remuneration have been reported and that labour inspectors continue to supervise the application of the principle of equal remuneration in undertakings. The Committee requests the Government to provide more specific information as regards awareness-raising activities carried out on equal remuneration and to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors, as well as any judicial decision handed down in this regard.

Statistics. The Committee asks the Government to provide the most recent statistical information available on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups.

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

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:

Definition of remuneration. The Committee notes the Government’s statement that it will envisage broadening the definition of remuneration set out in section 3(15) of the Labour Proclamation for the purpose of implementing the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate the progress made in this regard.

Equal remuneration for work of equal value. In its previous comments, the Committee observed that section 41(1) of the Labour Proclamation, which provides that “an employer shall pay equal starting wages for the same type of work” and section 65(1) stipulating that “women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex” do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. In its report, the Government submits that remuneration is determined through collective agreements, in accordance with Article 2 of the Convention. While the Committee agrees that collective agreements are an appropriate means to apply the Convention, it stresses that the Government must nevertheless ensure that the legal provisions concerning remuneration are not more restrictive than the Convention. The Committee notes that the abovementioned provisions of the Labour Proclamation may ensure equal remuneration for equal work which, though included within the principle of the Convention, does not refer to the key concepts of “work of equal value”. The Committee is therefore concerned that the provisions would not appear to allow claims to be brought for equal remuneration for work of equal value, as required under the Convention. The Committee recalls its 2006 general observation which further elaborates on this point and asks the Government to take the measures necessary to amend the Proclamation with a view to providing explicitly for the right of men and women workers to equal remuneration for work of equal value.

Application in the civil service. The Committee notes that the preparation of the Civil Service Proclamation has not yet been enacted. Section 9(3) of the draft Proclamation provides that “salary scales shall ensure equal pay for equal work and maintain internal equity”. The Government indicates that jobs will be graded according to volume, complexity, difficulty, working conditions and responsibility, that the process of weighing and measuring all posts has been completed, and that new wage scales will be adopted. The Committee urges the Government to amend the draft Civil Service Proclamation to provide for equal remuneration for work of equal value, as envisaged under the Convention, and to supply the text of the legislation, once it has been adopted, as well as the new salary scales.

Collective agreements. The Committee notes from the Government’s report that in the private sector, job evaluation was a matter left to collective agreements. The Committee asks the Government to indicate how existing collective agreements promote objective job evaluation as a means to differentiate remuneration in accordance with the Convention. Please indicate any collective agreements that explicitly provide for the principle of equal remuneration for men and women for work of equal value.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with regard to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please indicate any action taken to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.

Enforcement. The Committee notes that that no disputes or complaints concerning the Convention’s principle have arisen so far. The Committee asks the Government to indicate any measures taken to provide information and training on the principle of equal remuneration for men and women for work of equal value to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. Please continue to provide information on any cases concerning equal remuneration dealt with by the competent authorities.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Definition of remuneration. The Committee notes the Government’s statement that it will envisage broadening the definition of remuneration set out in section 3(15) of the Labour Proclamation for the purpose of implementing the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate the progress made in this regard.

2. Equal remuneration for work of equal value. In its previous comments, the Committee observed that section 41(1) of the Labour Proclamation, which provides that “an employer shall pay equal starting wages for the same type of work” and section 65(1) stipulating that “women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex” do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. In its report, the Government submits that remuneration is determined through collective agreements, in accordance with Article 2 of the Convention. While the Committee agrees that collective agreements are an appropriate means to apply the Convention, it stresses that the Government must nevertheless ensure that the legal provisions concerning remuneration are not more restrictive than the Convention. The Committee notes that the abovementioned provisions of the Labour Proclamation may ensure equal remuneration for equal work which, though included within the principle of the Convention, does not refer to the key concepts  of “work of equal value”. The Committee is therefore concerned that the provisions would not appear to allow claims to be brought for equal remuneration for work of equal value, as required under the Convention. The Committee recalls its 2006 general observation which further elaborates on this point and asks the Government to take the measures necessary to amend the Proclamation with a view to providing explicitly for the right of men and women workers to equal remuneration for work of equal value.

3. Application in the civil service. The Committee notes that the preparation of the Civil Service Proclamation has not yet been enacted. Section 9(3) of the draft Proclamation provides that “salary scales shall ensure equal pay for equal work and maintain internal equity”. The Government indicates that jobs will be graded according to volume, complexity, difficulty, working conditions and responsibility, that the process of weighing and measuring all posts has been completed, and that new wage scales will be adopted. The Committee urges the Government to amend the draft Civil Service Proclamation to provide for equal remuneration for work of equal value, as envisaged under the Convention, and to supply the text of the legislation, once it has been adopted, as well as the new salary scales.

4. Collective agreements. The Committee notes from the Government’s report that in the private sector, job evaluation was a matter left to collective agreements. The Committee asks the Government to indicate how existing collective agreements promote objective job evaluation as a means to differentiate remuneration in accordance with the Convention. Please indicate any collective agreements that explicitly provide for the principle of equal remuneration for men and women for work of equal value.

5. Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with regard to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please indicate any action taken to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.

6. Enforcement. The Committee notes that that no disputes or complaints concerning the Convention’s principle have arisen so far. The Committee asks the Government to indicate any measures taken to provide information and training on the principle of equal remuneration for men and women for work of equal value to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. Please continue to provide information on any cases concerning equal remuneration dealt with by the competent authorities.

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

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. Article 1 of the Convention. The Committee notes section 3(15) of the Labour Proclamation No. 118/2001, under which two kinds of payments are not considered to be remuneration as defined by the Proclamation, namely: (a) payments as reimbursement for special expenses incurred by the employee in the course of his or her employment; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. The Committee recalls that the Convention defines remuneration in the broadest possible terms, including any additional emoluments whatsoever arising out of the worker’s employment. The Government is therefore requested to indicate the manner in which the principle of equal remuneration for work of equal value is applied to these types of payments.

2. The Committee also notes section 41(1) of the Labour Proclamation, which provides that “an employer shall pay equal starting wages for the same type of work” and that section 65(1) stipulating that “women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex”. The Committee observes that these two provisions, read together, do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. The Convention does not cover only starting wages for the same type of work, but requires equality of remuneration for different types of work which are of equal value. The Committee asks the Government to indicate how the principle of equal remuneration is applied in practice. Noting that the Civil Service Code is a draft, the Committee asks the Government to consider including the principle of the Convention in the Code.

3. Article 2. The Committee notes that under section 41(2) of the Labour Proclamation wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by a collective agreement in an undertaking. It asks the Government to indicate the extent to which workers in Eritrea are covered by collective agreements and whether these collective agreements incorporate the principle of the Convention. Please provide copies of examples of any such collective agreements. The Government is also asked to provide information on any practical measures taken to promote the application to all workers of the principle of equal remuneration for work of equal value for workers, in line with Article 2 of the Convention. Noting the Government’s statement that civil servants are remunerated according to salary scales, the Committee asks the Government to provide copies of these scales and any other laws or regulations concerning the remuneration of civil servants.

4. In the absence of information on the national machinery for the setting of wages, the Committee asks the Government to indicate whether any such machinery exists, such as wage boards or minimum wage bodies.

5. Article 3. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes objective appraisal of jobs on the basis of the work performed. In this context, the Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value. The Government is therefore requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. The Committee notes from the report that the Labour Relations Board and the Advisory Board to the Minister of Labour and Human Welfare include representatives of workers’ and employers’ organizations. The Government is asked to provide further information on the functioning of these bodies, indicating whether these bodies have given any consideration to the issue of equal pay between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the Convention.

7. Parts III, IV and V of the report form. The Committee notes that no judicial decisions have been handed down on issues of principle relating to the application of the Convention, and that the labour inspection service has not yet dealt with any case of discrimination. The Committee asks the Government to provide information on the number, types and results of any disputes concerning equal remuneration, which have been brought to the Minister of Labour and Human Welfare under section 65(2) of the Labour Proclamation, or to the courts on the Labour Relations Board. The Government is also asked to provide information on the manner in which the labour inspection service and the other competent bodies supervise and ensure the principles of equal remuneration, as enshrined in the Convention. Please also provide statistical data on the levels of remuneration disaggregated by sex, in accordance with the 1998 general observation on this Convention.

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

The Committee notes the Government’s brief report which again does not contain a reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes section 3(15) of the Labour Proclamation No. 118/2001, under which two kinds of payments are not considered to be remuneration as defined by the Proclamation, namely: (a) payments as reimbursement for special expenses incurred by the employee in the course of his or her employment; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. The Committee recalls that the Convention defines remuneration in the broadest possible terms, including any additional emoluments whatsoever arising out of the worker’s employment. The Government is therefore requested to indicate the manner in which the principle of equal remuneration for work of equal value is applied to these types of payments.

2. The Committee also notes section 41(1) of the Labour Proclamation, which provides that "an employer shall pay equal starting wages for the same type of work" and that section 65(1) stipulating that "women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex". The Committee observes that these two provisions, read together, do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. The Convention does not cover only starting wages for the same type of work, but requires equality of remuneration for different types of work which are of equal value. The Committee asks the Government to indicate how the principle of equal remuneration is applied in practice. Noting that the Civil Service Code is a draft, the Committee asks the Government to consider including the principle of the Convention in the Code.

3. Article 2. The Committee notes that under section 41(2) of the Labour Proclamation wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by a collective agreement in an undertaking. It asks the Government to indicate the extent to which workers in Eritrea are covered by collective agreements and whether these collective agreements incorporate the principle of the Convention. Please provide copies of examples of any such collective agreements. The Government is also asked to provide information on any practical measures taken to promote the application to all workers of the principle of equal remuneration for work of equal value for workers, in line with Article 2 of the Convention. Noting the Government’s statement that civil servants are remunerated according to salary scales, the Committee asks the Government to provide copies of these scales and any other laws or regulations concerning the remuneration of civil servants.

4. In the absence of information on the national machinery for the setting of wages, the Committee asks the Government to indicate whether any such machinery exists, such as wage boards or minimum wage bodies.

5. Article 3. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes objective appraisal of jobs on the basis of the work performed. In this context, the Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value. The Government is therefore requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. The Committee notes from the report that the Labour Relations Board and the Advisory Board to the Minister of Labour and Human Welfare include representatives of workers’ and employers’ organizations. The Government is asked to provide further information on the functioning of these bodies, indicating whether these bodies have given any consideration to the issue of equal pay between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the Convention.

7. Parts III, IV and V of the report form. The Committee notes that no judicial decisions have been handed down on issues of principle relating to the application of the Convention, and that the labour inspection service has not yet dealt with any case of discrimination. The Committee asks the Government to provide information on the number, types and results of any disputes concerning equal remuneration, which have been brought to the Minister of Labour and Human Welfare under section 65(2) of the Labour Proclamation, or to the courts on the Labour Relations Board. The Government is also asked to provide information on the manner in which the labour inspection service and the other competent bodies supervise and ensure the principles of equal remuneration, as enshrined in the Convention. Please also provide statistical data on the levels of remuneration disaggregated by sex, in accordance with the 1998 general observation on this Convention …

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes section 3(15) of the Labour Proclamation No. 118/2001, under which two kinds of payments are not considered to be remuneration as defined by the Proclamation, namely: (a) payments as reimbursement for special expenses incurred by the employee in the course of his or her employment; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. The Committee recalls that the Convention defines remuneration in the broadest possible terms, including any additional emoluments whatsoever arising out of the worker’s employment. The Government is therefore requested to indicate the manner in which the principle of equal remuneration for work of equal value is applied to these types of payments.

2. The Committee also notes section 41(1) of the Labour Proclamation, which provides that "an employer shall pay equal starting wages for the same type of work" and that section 65(1) stipulating that "women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex". The Committee observes that these two provisions, read together, do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. The Convention does not cover only starting wages for the same type of work, but requires equality of remuneration for different types of work which are of equal value. The Committee asks the Government to indicate how the principle of equal remuneration is applied in practice. Noting that the Civil Service Code is a Draft, the Committee asks the Government to consider including the principle of the Convention in the Code.

3. Article 2. The Committee notes that under section 41(2) of the Labour Proclamation wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by a collective agreement in an undertaking. It asks the Government to indicate the extent to which workers in Eritrea are covered by collective agreements and whether these collective agreements incorporate the principle of the Convention. Please provide copies of examples of any such collective agreements. The Government is also asked to provide information on any practical measures taken to promote the application to all workers of the principle of equal remuneration for work of equal value for workers, in line with Article 2 of the Convention. Noting the Government’s statement that civil servants are remunerated according to salary scales, the Committee asks the Government to provide copies of these scales and any other laws or regulations concerning the remuneration of civil servants.

4. In the absence of information on the national machinery for the setting of wages, the Committee asks the Government to indicate whether any such machinery exists, such as wage boards or minimum wage bodies.

5. Article 3. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes objective appraisal of jobs on the basis of the work performed. In this context, the Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value. The Government is therefore requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. The Committee notes from the report that the Labour Relations Board and the Advisory Board to the Minister of Labour and Human Welfare include representatives of workers’ and employers’ organizations. The Government is asked to provide further information on the functioning of these bodies, indicating whether these bodies have given any consideration to the issue of equal pay between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the Convention.

7. Parts III, IV and V of the report form. The Committee notes that no judicial decisions have been handed down on issues of principle relating to the application of the Convention, and that the labour inspection service has not yet dealt with any case of discrimination. The Committee asks the Government to provide information on the number, types, and results of any disputes concerning equal remuneration, which have been brought to the Minister of Labour and Human Welfare under section 65(2) of the Labour Proclamation, or to the courts on the Labour Relations Board. The Government is also asked to provide information on the manner in which the labour inspection service and the other competent bodies supervise and ensure the principles of equal remuneration, as enshrined in the Convention. Please also provide statistical data on the levels of remuneration disaggregated by sex, in accordance with the 1998 general observation on this Convention, which is attached for easy reference.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its first report.

1. Article 1 of the Convention. The Committee notes section 3(15) of the Labour Proclamation No. 118/2001, under which two kinds of payments are not considered to be remuneration as defined by the Proclamation, namely: (a) payments as reimbursement for special expenses incurred by the employee in the course of his or her employment; and (b) compensation for service and other compensation payments received because of termination of a contract of employment. The Committee recalls that the Convention defines remuneration in the broadest possible terms, including any additional emoluments whatsoever arising out of the worker’s employment. The Government is therefore requested to indicate the manner in which the principle of equal remuneration for work of equal value is applied to these types of payments.

2. The Committee also notes section 41(1) of the Labour Proclamation, which provides that "an employer shall pay equal starting wages for the same type of work" and that section 65(1) stipulating that "women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex". The Committee observes that these two provisions, read together, do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. The Convention does not cover only starting wages for the same type of work, but requires equality of remuneration for different types of work which are of equal value. The Committee asks the Government to indicate how the principle of equal remuneration is applied in practice. Noting that the Civil Service Code is a Draft, the Committee asks the Government to consider including the principle of the Convention in the Code.

3. Article 2. The Committee notes that under section 41(2) of the Labour Proclamation wages shall be determined by the contracting parties, but may not be less than the minimum wages fixed by a collective agreement in an undertaking. It asks the Government to indicate the extent to which workers in Eritrea are covered by collective agreements and whether these collective agreements incorporate the principle of the Convention. Please provide copies of examples of any such collective agreements. The Government is also asked to provide information on any practical measures taken to promote the application to all workers of the principle of equal remuneration for work of equal value for workers, in line with Article 2 of the Convention. Noting the Government’s statement that civil servants are remunerated according to salary scales, the Committee asks the Government to provide copies of these scales and any other laws or regulations concerning the remuneration of civil servants.

4. In the absence of information on the national machinery for the setting of wages, the Committee asks the Government to indicate whether any such machinery exists, such as wage boards or minimum wage bodies.

5. Article 3. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes objective appraisal of jobs on the basis of the work performed. In this context, the Committee recalls that such appraisals are the method set forth in the Convention for differentiating wages in conformity with the principle of equal remuneration for work of equal value. The Government is therefore requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective job appraisals on the basis of the work to be performed.

6. Article 4. The Committee notes from the report that the Labour Relations Board and the Advisory Board to the Minister of Labour and Human Welfare include representatives of workers’ and employers’ organizations. The Government is asked to provide further information on the functioning of these bodies, indicating whether these bodies have given any consideration to the issue of equal pay between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the Convention.

7. Parts III, IV and V of the report form. The Committee notes that no judicial decisions have been handed down on issues of principle relating to the application of the Convention, and that the labour inspection service has not yet dealt with any case of discrimination. The Committee asks the Government to provide information on the number, types, and results of any disputes concerning equal remuneration, which have been brought to the Minister of Labour and Human Welfare under section 65(2) of the Labour Proclamation, or to the courts on the Labour Relations Board. The Government is also asked to provide information on the manner in which the labour inspection service and the other competent bodies supervise and ensure the principles of equal remuneration, as enshrined in the Convention. Please also provide statistical data on the levels of remuneration disaggregated by sex, in accordance with the 1998 general observation on this Convention, which is attached for easy reference.

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