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

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

Article 1 of the Convention. Domestic workers. The Committee recalls that, while domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), the principle of the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy, including domestic workers who are generally characterized by a high proportion of women and particularly low wages (2012 General Survey on the fundamental Conventions, paragraphs 658 and 664). The Committee asks the Government to provide information on any legislative or practical measures taken or contemplated to ensure that in determining wages for domestic workers, who are mostly women, their work is not undervalued in comparison with work in sectors in which men are predominantly employed, as a result of gender stereotypes. With reference to its observation under this Convention, it trusts that any new legislation fully reflects the principle of the Convention by ensuring that the principle of equal remuneration for men and women for work of equal value applies to all workers and all sectors of activities, in both the formal and informal economy, including domestic workers. Lastly, the Committee requests the Government to provide information on the measures taken or envisaged to collect and provide statistical data, disaggregated by gender, on the number of men and women domestic workers and their wages.

Article 2(2)(b). Minimum wages. In its previous comments, with reference to the indication that the Permanent Tripartite Council for Social Dialogue was examining the possibility of adopting a national minimum wage, the Committee asked the Government to provide information on the progress made with the establishment of a national minimum wage, as well as any other wage rates in the various sectors. The Committee notes the Government’s statement in its reports that an agreement has recently been signed by the Government and the trade unions to undertake a study on the fixing of a national minimum wage. The Government adds that wages for public sector workers were increased, which may serve as a basis for fixing minimum wages in the private sector. In this regard, the Committee refers to its observation adopted in 2019 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it noted with regret that a new decree fixing minimum wages had still not been adopted, as the most recent decree fixing minimum wages pursuant to sections 110 and 114 of the General Labour Act had been adopted in 1988 and was outdated. The Committee recalls that the setting of minimum wages is an important means of applying the Convention. As women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap. However, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female”, such as manual dexterity and those required in caring professions, are not undervalued in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey, paragraphs 682–683). The Committee therefore asks the Government to provide information on any progress made with respect to the establishment of a national minimum wage, as well as any other wage rates in the various sectors. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage rates, in both the public and private sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee previously noted the collective labour agreements concluded in the banking sector and the company-level agreement for the telecommunications sector, and asked the Government to provide statistical information on the distribution of men and women by job category and their corresponding wages for these sectors. It notes that the Government has not provided information in this regard. The Committee however notes the Government’s statement that, in the framework of the initiatives to promote tripartite social dialogue, attention will be paid to the realization of awareness-raising campaigns with employers’ and workers’ organizations to ensure the implementation of the Convention, particularly with regard to the notion of ”work of equal value”. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, especially in light of the absence of any legislation giving effect to the principle of equal remuneration for men and women for work of equal value, the Committee again asks the Government to provide a copy of any updated collective agreements concluded in the banking and telecommunications sectors, as well as any other collective agreements in force containing clauses on wage determination or reflecting the principle of the Convention. It further asks the Government to provide information on the action taken 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 Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on the national classification of jobs in the private sector, and that posts of civil servants were reclassified in accordance with a specific law. It notes the Government’s indication that the Directorate of Labour, Employment and Vocational Training, in conjunction with the Municipal Chamber of Bissau, has proposed a memorandum with a view to organizing and classifying minor occupations which are carried out on public thoroughfares. The Committee once again asks the Government to provide information on the establishment of any objective job evaluation mechanisms and the progress made with regard to the study on the national classification of jobs, including minor occupations carried out on public thoroughfares. It asks the Government to provide a copy of any study or classification adopted to this end, as well as the legislation reclassifying the posts of civil servants, indicating the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee previously noted that new regional labour inspectorates had been established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country, but that, despite the Government’s political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that there are significant difficulties in identifying and dealing with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No. 81), which highlights the significant and persistent challenges of a financial and material nature in applying the Convention and encourages the Government to submit a formal request to the ILO for technical assistance in that domain. The Committee once again requests the Government to provide information on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, as well as to raise public awareness of the procedures and remedies available. In addition, the Committee asks the Government to provide information on any administrative or judicial decisions related to inequality of remuneration.

Statistics. The Committee notes the Government’s indication that challenges remain regarding the collection of statistics, but that the institutionalization of a national employment statistics system is planned. In this regard, the Committee notes that the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016 sets as a specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee requests the Government to provide updated information on any progress made in collecting, processing and analyzing statistical data on pay differences between men and women in the various sectors and categories of employment, and to provide any available data, disaggregated by gender.

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

The Committee takes note of the Government’s report.

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that, while section 156(3) of the General Labour Act provides for the right to equal pay for equal work, the principle of equal remuneration for men and women for work of equal value set out in the Convention had been included in the draft new Labour Act, as well as in the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which is intended to have direct force of law in Guinea-Bissau once it is adopted. The Committee notes the Government’s indication, in its reports, that: (1) a request was made to place the draft new Labour Act on the agenda of the People’s National Assembly; and (2) the draft Uniform Labour Act of OHADA has not been adopted yet as a result of disagreements expressed by OHADA Members States, some provisions of the draft Uniform Labour Act being incompatible with their national legislation. It further notes that in July 2019, the Economic Community of West African States (ECOWAS) Ministers adopted a draft Directive of Minimum Standards towards Harmonization of Labour Laws in ECOWAS Members States, elaborated in collaboration with the ILO. While aware of the difficulties facing the country, the Committee urges the Government to take concrete legislative steps in the near future so as to ensure that any new legislation will fully reflect the principle of the Convention of equal remuneration for men and women for work of equal value, in order to cover not only situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. It asks the Government to report on any progress made in this regard, in particular concerning the adoption of the draft new Labour Act, the draft Uniform Labour Act of OHADA, and the draft Directive of Minimum Standards towards Harmonization of Labour Laws of ECOWAS. The Committee again asks the Government to forward a copy of the new Public Servants Statute which was awaiting promulgation according to the Government’s previous report.

Article 2. Promotion of gender equality. Addressing the gender pay gap. Referring to its previous comments where it asked the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, the Committee notes the Government’s statement that the Convention is awaiting implementation and that more actions will be needed in practice to really implement the principle of the Convention, including with the assistance of the ILO. The Committee notes that, according to the United Nations Development Programme (UNDP), the participation rate of women in the labour market has slightly increased since 2013 (67.3 per cent in 2019 compared to 66.5 per cent in 2013), but still remains substantially lower than that of men (78.9 per cent in 2019). It takes note of the adoption of the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) in 2016, which acknowledges the lack of access of women to higher education and vocational training, and women tending to be concentrated in areas performing specific duties that do not involve decision-making nor good remuneration, such as in the tourism and hotel sector. It notes that the PNIEG II provides for combating gender-based stereotypes by ensuring greater access of women to decision-making positions and entrepreneurship (pp. 54 and 57). The Committee notes that, as recently highlighted in the context of the Universal Periodic Review, compared with men, women have reduced incomes, higher rates of unemployment, and greater difficulties in overcoming poverty (A/HRC/WG.6/35/GNB/2, 4 November 2019, paragraph 60 and A/HRC/29/31/Add.1, 1 April 2015, paragraphs 30 and 37). While acknowledging the financial constraints faced by the country and in light of the persistent gender stereotypes that shape the roles and responsibilities of women and men in all spheres of life, the Committee urges the Government to ensure the effective implementation of the Second National Policy for the Promotion of Gender Equality and Equity, in order to address the gender pay gap by identifying and addressing its underlying causes (such as stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family) and by promoting women’s access to a wider range of jobs with career prospects and higher pay. It asks the Government to report on the concrete actions and programmes implemented to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the Government can avail itself of the technical assistance of the Office in this regard.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 2013.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration for work of equal value is not expressly provided for in the legislation, it has been included in the draft of the new Labour Law. In this connection, the Committee notes the Government’s reference in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau and which, as previously noted by the Committee, gives legal expression to the provisions of the Convention. The Committee asks the Government to provide information on the progress of the adoption of the Uniform Labour Act and hopes that it will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Noting that the Public Servants Statute was not received by the Office and acknowledging the Government’s indication that a new Statute is awaiting promulgation, the Committee asks the Government to ensure that public servants are entitled to equal remuneration for work of equal value. Please forward a copy of the new Statute, once it has been adopted.

As regards measures taken to give practical effect to the principle of the Convention, the Committee notes the Government’s repeated statement that both workers’ and employers’ organizations are fully aware of the principle of equal remuneration for equal or similar work and therefore no further action is needed to this end. The Committee recalls that, although it is important to ensure equal remuneration for men and women for “similar work”, in order to tackle occupational sex segregation in the labour market, the broader concept of “work of equal value” needs to be applied, allowing a broader scope of comparison, including work that is of an entirely different nature. Difficulties in applying the Convention in law and practice result in particular from a lack of understanding of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality (see General Survey on fundamental Conventions of 2012, paragraphs 672 and 673). The Committee asks the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations, as well as with officials responsible for monitoring and enforcement of the law. The Committee requests the Government to provide information on the progress made in this regard.

Article 2(2)(b). Minimum wage. The Committee notes the Government’s indication that, pursuant to the State General Budget Law of January 2012, the minimum wage for public sector workers has increased from 19,915 West African CFA francs (XOF) to XOF30,000. It further notes that, according to the Government, the Permanent Tripartite Council for Social Dialogue (established by Decree No. 1/2001) is currently examining the possibility of adopting a national minimum wage. The Committee recalls that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey of 2012, paragraph 683). The Committee therefore asks the Government to provide information on the progress made with respect to the establishment of a national minimum wage, as well as of any other wage rates in the various sectors.

Article 2(2)(c). Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee asks the Government to provide information on any collective agreements in these sectors, as well as copies of any other collective agreements in force.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on national classification of jobs in the private sector. The Committee also notes the Government’s indication that posts of civil servants are re classified in accordance with a specific law. The Committee asks the Government to provide information on the establishment of objective job evaluation mechanisms and on the progress made with regard to the study on national classification of jobs. Please also provide a copy of the legislation governing the reclassification of civil servants and indicate the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee notes the Government’s indication that new regional labour inspectorates have been recently established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Government also indicates that, in spite of its political will to improve the capacity of labour inspectors, it often lacks the necessary resources to do so. The Committee welcomes the Government’s efforts to strengthen monitoring and enforcement, and trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention. It asks the Government to take steps to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

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

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 initially made in 2013. 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 of the Convention. Work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration for work of equal value is not expressly provided for in the legislation, it has been included in the draft of the new Labour Law. In this connection, the Committee notes the Government’s reference in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau and which, as previously noted by the Committee, gives legal expression to the provisions of the Convention. The Committee asks the Government to provide information on the progress of the adoption of the Uniform Labour Act and hopes that it will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Noting that the Public Servants Statute was not received by the Office and acknowledging the Government’s indication that a new Statute is awaiting promulgation, the Committee asks the Government to ensure that public servants are entitled to equal remuneration for work of equal value. Please forward a copy of the new Statute, once it has been adopted.

As regards measures taken to give practical effect to the principle of the Convention, the Committee notes the Government’s repeated statement that both workers’ and employers’ organizations are fully aware of the principle of equal remuneration for equal or similar work and therefore no further action is needed to this end. The Committee recalls that, although it is important to ensure equal remuneration for men and women for “similar work”, in order to tackle occupational sex segregation in the labour market, the broader concept of “work of equal value” needs to be applied, allowing a broader scope of comparison, including work that is of an entirely different nature. Difficulties in applying the Convention in law and practice result in particular from a lack of understanding of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality (see General Survey on fundamental Conventions of 2012, paragraphs 672 and 673). The Committee asks the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations, as well as with officials responsible for monitoring and enforcement of the law. The Committee requests the Government to provide information on the progress made in this regard.

Article 2(2)(b). Minimum wage. The Committee notes the Government’s indication that, pursuant to the State General Budget Law of January 2012, the minimum wage for public sector workers has increased from 19,915 West African CFA francs (XOF) to XOF30,000. It further notes that, according to the Government, the Permanent Tripartite Council for Social Dialogue (established by Decree No. 1/2001) is currently examining the possibility of adopting a national minimum wage. The Committee recalls that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey of 2012, paragraph 683). The Committee therefore asks the Government to provide information on the progress made with respect to the establishment of a national minimum wage, as well as of any other wage rates in the various sectors.

Article 2(2)(c). Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee asks the Government to provide information on any collective agreements in these sectors, as well as copies of any other collective agreements in force.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on national classification of jobs in the private sector. The Committee also notes the Government’s indication that posts of civil servants are re classified in accordance with a specific law. The Committee asks the Government to provide information on the establishment of objective job evaluation mechanisms and on the progress made with regard to the study on national classification of jobs. Please also provide a copy of the legislation governing the reclassification of civil servants and indicate the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee notes the Government’s indication that new regional labour inspectorates have been recently established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Government also indicates that, in spite of its political will to improve the capacity of labour inspectors, it often lacks the necessary resources to do so. The Committee welcomes the Government’s efforts to strengthen monitoring and enforcement, and trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention. It asks the Government to take steps to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

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 Work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration for work of equal value is not expressly provided for in the legislation, it has been included in the draft of the new Labour Law. In this connection, the Committee notes the Government’s reference in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau and which, as previously noted by the Committee, gives legal expression to the provisions of the Convention. The Committee asks the Government to provide information on the progress of the adoption of the Uniform Labour Act and hopes that it will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Noting that the Public Servants Statute was not received by the Office and acknowledging the Government’s indication that a new Statute is awaiting promulgation, the Committee asks the Government to ensure that public servants are entitled to equal remuneration for work of equal value. Please forward a copy of the new Statute, once it has been adopted.

As regards measures taken to give practical effect to the principle of the Convention, the Committee notes the Government’s repeated statement that both workers’ and employers’ organizations are fully aware of the principle of equal remuneration for equal or similar work and therefore no further action is needed to this end. The Committee recalls that, although it is important to ensure equal remuneration for men and women for “similar work”, in order to tackle occupational sex segregation in the labour market, the broader concept of “work of equal value” needs to be applied, allowing a broader scope of comparison, including work that is of an entirely different nature. Difficulties in applying the Convention in law and practice result in particular from a lack of understanding of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality (see General Survey on fundamental Conventions of 2012, paragraphs 672 and 673). The Committee asks the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations, as well as with officials responsible for monitoring and enforcement of the law. The Committee requests the Government to provide information on the progress made in this regard.

Article 2(2)(b). Minimum wage. The Committee notes the Government’s indication that, pursuant to the State General Budget Law of January 2012, the minimum wage for public sector workers has increased from 19,915 West African CFA francs (XOF) to XOF30,000. It further notes that, according to the Government, the Permanent Tripartite Council for Social Dialogue (established by Decree No. 1/2001) is currently examining the possibility of adopting a national minimum wage. The Committee recalls that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey of 2012, paragraph 683). The Committee therefore asks the Government to provide information on the progress made with respect to the establishment of a national minimum wage, as well as of any other wage rates in the various sectors.

Article 2(2)(c). Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee asks the Government to provide information on any collective agreements in these sectors, as well as copies of any other collective agreements in force.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on national classification of jobs in the private sector. The Committee also notes the Government’s indication that posts of civil servants are re-classified in accordance with a specific law. The Committee asks the Government to provide information on the establishment of objective job evaluation mechanisms and on the progress made with regard to the study on national classification of jobs. Please also provide a copy of the legislation governing the reclassification of civil servants and indicate the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee notes the Government’s indication that new regional labour inspectorates have been recently established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Government also indicates that, in spite of its political will to improve the capacity of labour inspectors, it often lacks the necessary resources to do so. The Committee welcomes the Government’s efforts to strengthen monitoring and enforcement, and trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention. It asks the Government to take steps to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

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

Article 1 of the Convention Work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration for work of equal value is not expressly provided for in the legislation, it has been included in the draft of the new Labour Law. In this connection, the Committee notes the Government’s reference in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau and which, as previously noted by the Committee, gives legal expression to the provisions of the Convention. The Committee asks the Government to provide information on the progress of the adoption of the Uniform Labour Act and hopes that it will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Noting that the Public Servants Statute was not received by the Office and acknowledging the Government’s indication that a new Statute is awaiting promulgation, the Committee asks the Government to ensure that public servants are entitled to equal remuneration for work of equal value. Please forward a copy of the new Statute, once it has been adopted.

As regards measures taken to give practical effect to the principle of the Convention, the Committee notes the Government’s repeated statement that both workers’ and employers’ organizations are fully aware of the principle of equal remuneration for equal or similar work and therefore no further action is needed to this end. The Committee recalls that, although it is important to ensure equal remuneration for men and women for “similar work”, in order to tackle occupational sex segregation in the labour market, the broader concept of “work of equal value” needs to be applied, allowing a broader scope of comparison, including work that is of an entirely different nature. Difficulties in applying the Convention in law and practice result in particular from a lack of understanding of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality (see General Survey on fundamental Conventions of 2012, paragraphs 672 and 673). The Committee asks the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations, as well as with officials responsible for monitoring and enforcement of the law. The Committee requests the Government to provide information on the progress made in this regard.

Article 2(2)(b). Minimum wage. The Committee notes the Government’s indication that, pursuant to the State General Budget Law of January 2012, the minimum wage for public sector workers has increased from 19,915 West African CFA francs (XOF) to XOF30,000. It further notes that, according to the Government, the Permanent Tripartite Council for Social Dialogue (established by Decree No. 1/2001) is currently examining the possibility of adopting a national minimum wage. The Committee recalls that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey of 2012, paragraph 683). The Committee therefore asks the Government to provide information on the progress made with respect to the establishment of a national minimum wage, as well as of any other wage rates in the various sectors.

Article 2(2)(c). Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee asks the Government to provide information on any collective agreements in these sectors, as well as copies of any other collective agreements in force.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on national classification of jobs in the private sector. The Committee also notes the Government’s indication that posts of civil servants are re-classified in accordance with a specific law. The Committee asks the Government to provide information on the establishment of objective job evaluation mechanisms and on the progress made with regard to the study on national classification of jobs. Please also provide a copy of the legislation governing the reclassification of civil servants and indicate the steps taken to ensure that the reclassification process is free from gender bias.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that new regional labour inspectorates have been recently established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Government also indicates that, in spite of its political will to improve the capacity of labour inspectors, it often lacks the necessary resources to do so. The Committee welcomes the Government’s efforts to strengthen monitoring and enforcement, and trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention. It asks the Government to take steps to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

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

The Committee notes the observations of the National Union of Workers from Guinea (UNTG) attached to the Government’s report, that refer to the need to reinforce the technical and material capacities of the labour inspectorate to allow it to enforce effectively the Labour Law. The Committee asks the Government to provide its reply thereon.

Article 1 of the Convention. The Committee notes the Government’s indication that both the Labour Law and the Public Servants Statute provide for the principle of equal remuneration for equal work. In this respect, the Committee recalls that the concept of “work of equal value” provided for in the Convention includes but goes 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 observation 2006). The Committee therefore asks the Government to take the necessary measures to include the principle of equal remuneration for work of equal value in the legislation. The Committee further asks the Government to send a copy of the Public Servants Statute.

Article 3. Objective job evaluation and classification of jobs free from gender bias. The Committee notes the Government’s indication that in the framework of the current public administration reform, a law concerning the classification of public services has been approved. With respect to the private sector, the Government indicates that it would like to prepare a study on the situation for which it requests ILO technical assistance. The Committee asks the Government to send a copy of the classification of public services and to indicate any progress made towards the establishment of an objective job evaluation mechanism. The Committee asks the Government to take steps to secure ILO technical assistance concerning job evaluation in the private sector, and to provide information on progress made in this regard.

Noting that the Government’s report does not reply to its previous comments, the Committee must therefore repeat its previous direct request, which read as follows:

Article 2. Application of the principle in practice. In its previous comments, the Committee has repeatedly requested information on the measures taken to give practical effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with some regret that the Government continues to consider that no further measures are needed to this end. It is difficult for the Committee to accept statements suggesting that the Convention is being applied in law and in practice when no further details are given to underpin these statements (see paragraph 253 of the 1986 General Survey on equal remuneration). The Committee would therefore be grateful if the Government would supply the following in its next report:

• (i) information on the measures taken or contemplated to promote and facilitate the application of the provisions of the Convention. Such measures could include public information and awareness-raising campaigns promoting the principles of the Convention or initiatives taken by the Government, in cooperation with organizations of employers and workers, to promote, in general, equality of opportunity and treatment between men and women in employment; and
• (ii) concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed between men and women, but also to work performed by men and women that is of a different nature but of equal value.

Minimum wages. With respect to the minimum wages of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Government indicates that the Permanent Council for Social Dialogue has not been institutionalized. Therefore, no study on minimum wages has been carried out. The Committee takes note of this information and recalls the importance of minimum wages as a means of ensuring the application of the Convention. The Committee trusts that the Government’s next report will include information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors.

Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee hopes that the Government will provide the requested statistics on the distribution of women and men according to job category and their corresponding wages in these sectors once they have been communicated.

...

Enforcement. Referring to its previous comments regarding the important role played by the labour inspectorate to promote the application of the Convention, the Committee welcomes the information that training has been given to the labour inspectors, in which many women participated. The Committee encourages the Government to continue supporting such training activities and it would be grateful if the Government would indicate in its next report the manner in which these training courses have given attention to the specific role of the labour inspectorate in enforcing and promoting the principle of equal pay for men and women for work of equal value.

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:

Article 1 of the Convention. Adoption of legislation. The Committee notes the Government’s indication that the principle enshrined in the national Constitution includes equal remuneration for equal work as well as for equal value. In this regard, the Committee also notes that sections 31 and 32 of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) give legal expression to the provisions of the Convention. Given that the draft Act will have direct force of law in Guinea-Bissau, the Committee looks forward to its adoption.

Article 2. Application of the principle in practice. In its previous comments, the Committee has repeatedly requested information on the measures taken to give practical effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with some regret that the Government continues to consider that no further measures are needed to this end. It is difficult for the Committee to accept statements suggesting that the Convention is being applied in law and in practice when no further details are given to underpin these statements (see paragraph 253 of the 1986 General Survey on equal remuneration). The Committee would therefore be grateful if the Government would supply the following in its next report:

(a)   information on the measures taken or contemplated to promote and facilitate the application of the provisions of the Convention. Such measures could include public information and awareness-raising campaigns promoting the principles of the Convention or initiatives taken by the Government, in cooperation with organizations of employers and workers, to promote, in general, equality of opportunity and treatment between men and women in employment; and

(b)   concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed between men and women, but also to work performed by men and women that is of a different nature but of equal value.

Minimum wages. With respect to the minimum wages of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Government indicates that the Permanent Council for Social Dialogue has not been institutionalized. Therefore, no study on minimum wages has been carried out. The Committee takes note of this information and recalls the importance of minimum wages as a means of ensuring the application of the Convention. The Committee trusts that the Government’s next report will include information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors.

Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee hopes that the Government will provide the requested statistics on the distribution of women and men according to job category and their corresponding wages in these sectors once they have been communicated.

Article 3. Objective evaluation and classification of jobs free from gender bias. The Committee notes the renewed request by the Government for ILO technical assistance to carry out a study on job classifications and hopes that progress will soon be achieved in this respect.

Enforcement. Referring to its previous comments regarding the important role played by the labour inspectorate to promote the application of the Convention, the Committee welcomes the information that training has been given to the labour inspectors, in which many women participated. The Committee encourages the Government to continue supporting such training activities and it would be grateful if the Government would indicate in its next report the manner in which these training courses have given attention to the specific role of the labour inspectorate in enforcing and promoting the principle of equal pay for men and women for work of equal value.

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:

Article 1 of the Convention. Adoption of legislation. The Committee notes the Government’s indication that the principle enshrined in the national Constitution includes equal remuneration for equal work as well as for equal value. In this regard, the Committee also notes that sections 31 and 32 of the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA) give legal expression to the provisions of the Convention. Given that the draft Act will have direct force of law in Guinea-Bissau, the Committee looks forward to its adoption.

Article 2. Application of the principle in practice. In its previous comments, the Committee has repeatedly requested information on the measures taken to give practical effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with some regret that the Government continues to consider that no further measures are needed to this end. It is difficult for the Committee to accept statements suggesting that the Convention is being applied in law and in practice when no further details are given to underpin these statements (see paragraph 253 of the 1986 General Survey on equal remuneration). The Committee would therefore be grateful if the Government would supply the following in its next report:

(a)   information on the measures taken or contemplated to promote and facilitate the application of the provisions of the Convention. Such measures could include public information and awareness-raising campaigns promoting the principles of the Convention or initiatives taken by the Government, in cooperation with organizations of employers and workers, to promote, in general, equality of opportunity and treatment between men and women in employment; and

(b)    concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed between men and women, but also to work performed by men and women that is of a different nature but of equal value.

Minimum wages. With respect to the minimum wages of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Government indicates that the Permanent Council for Social Dialogue has not been institutionalized. Therefore, no study on minimum wages has been carried out. The Committee takes note of this information and recalls the importance of minimum wages as a means of ensuring the application of the Convention. The Committee trusts that the Government’s next report will include information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors.

Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee hopes that the Government will provide the requested statistics on the distribution of women and men according to job category and their corresponding wages in these sectors once they have been communicated.

Article 3. Objective evaluation and classification of jobs free from gender bias. The Committee notes the renewed request by the Government for ILO technical assistance to carry out a study on job classifications and hopes that progress will soon be achieved in this respect.

Enforcement. Referring to its previous comments regarding the important role played by the labour inspectorate to promote the application of the Convention, the Committee welcomes the information that training has been given to the labour inspectors, in which many women participated. The Committee encourages the Government to continue supporting such training activities and it would be grateful if the Government would indicate in its next report the manner in which these training courses have given attention to the specific role of the labour inspectorate in enforcing and promoting the principle of equal pay for men and women for work of equal value.

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. Article 1 of the Convention. Adoption of legislation. The Committee notes the Government’s indication that the principle enshrined in the national Constitution includes equal remuneration for equal work as well as for equal value. In this regard, the Committee also notes that sections 31 and 32 of the draft Uniform Labour Act of the Organization for the Harmonisation of Business Law in Africa (OHADA) give legal expression to the provisions of the Convention. Given that the draft Act will have direct force of law in Guinea-Bissau, the Committee looks forward to its adoption.

2. Article 2. Application of the principle in practice. In its previous comments, the Committee has repeatedly requested information on the measures taken to give practical effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with some regret that the Government continues to consider that no further measures are needed to this end. It is difficult for the Committee to accept statements suggesting that the Convention is being applied in law and in practice when no further details are given to underpin these statements (see paragraph 253 of the 1986 General Survey on equal remuneration). The Committee would therefore be grateful if the Government would supply the following in its next report:

(a)   information on the measures taken or contemplated to promote and facilitate the application of the provisions of the Convention. Such measures could include public information and awareness-raising campaigns promoting the principles of the Convention or initiatives taken by the Government, in cooperation with organizations of employers and workers, to promote, in general, equality of opportunity and treatment between men and women in employment; and

(b)    concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed between men and women, but also to work performed by men and women that is of a different nature but of equal value.

3. Minimum wages. With respect to the minimum wages of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Government indicates that the Permanent Council for Social Dialogue has not been institutionalized. Therefore, no study on minimum wages has been carried out. The Committee takes note of this information and recalls the importance of minimum wages as a means of ensuring the application of the Convention. The Committee trusts that the Government’s next report will include information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors.

4. Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee hopes that the Government will provide the requested statistics on the distribution of women and men according to job category and their corresponding wages in these sectors once they have been communicated.

5. Article 3. Objective evaluation and classification of jobs free from gender bias. The Committee notes the renewed request by the Government for ILO technical assistance to carry out a study on job classifications and hopes that progress will soon be achieved in this respect.

6. Enforcement. Referring to its previous comments regarding the important role played by the labour inspectorate to promote the application of the Convention, the Committee welcomes the information that training has been given to the labour inspectors, in which many women participated. The Committee encourages the Government to continue supporting such training activities and it would be grateful if the Government would indicate in its next report the manner in which these training courses have given attention to the specific role of the labour inspectorate in enforcing and promoting the principle of equal pay for men and women for work of equal value.

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

1. Article 1 of the Convention. Adoption of legislation. The Committee notes the Government’s indication that the principle enshrined in the national Constitution includes equal remuneration for equal work as well as for equal value. In this regard, the Committee also notes that sections 31 and 32 of the draft Uniform Labour Act of the Organization for the Harmonisation of Business Law in Africa (OHADA) give legal expression to the provisions of the Convention. Given that the draft Act will have direct force of law in Guinea‑Bissau, the Committee looks forward to its adoption.

2. Article 2. Application of the principle in practice. In its previous comments, the Committee has repeatedly requested information on the measures taken to give practical effect to the principle of equal remuneration for men and women for work of equal value. The Committee notes with some regret that the Government continues to consider that no further measures are needed to this end. It is difficult for the Committee to accept statements suggesting that the Convention is being applied in law and in practice when no further details are given to underpin these statements (see paragraph 253 of the 1986 General Survey on equal remuneration). The Committee would therefore be grateful if the Government would supply the following in its next report:

(a)   information on the measures taken or contemplated to promote and facilitate the application of the provisions of the Convention. Such measures could include public information and awareness-raising campaigns promoting the principles of the Convention or initiatives taken by the Government, in cooperation with organizations of employers and workers, to promote, in general, equality of opportunity and treatment between men and women in employment; and

(b)   concrete and practical information that would enable it to assess whether the principle of equal remuneration is applied not only to cases where the same or similar work is performed between men and women, but also to work performed by men and women that is of a different nature but of equal value.

3. Minimum wages. With respect to the minimum wages of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Government indicates that the Permanent Council for Social Dialogue has not been institutionalized. Therefore, no study on minimum wages has been carried out. The Committee takes note of this information and recalls the importance of minimum wages as a means of ensuring the application of the Convention. The Committee trusts that the Government’s next report will include information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors.

4. Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee hopes that the Government will provide the requested statistics on the distribution of women and men according to job category and their corresponding wages in these sectors once they have been communicated.

5. Article 3. Objective evaluation and classification of jobs free from gender bias. The Committee notes the renewed request by the Government for ILO technical assistance to carry out a study on job classifications and hopes that progress will soon be achieved in this respect.

6. Enforcement. Referring to its previous comments regarding the important role played by the labour inspectorate to promote the application of the Convention, the Committee welcomes the information that training has been given to the labour inspectors, in which many women participated. The Committee encourages the Government to continue supporting such training activities and it would be grateful if the Government would indicate in its next report the manner in which these training courses have given attention to the specific role of the labour inspectorate in enforcing and promoting the principle of equal pay for men and women for work of equal value.

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

The Committee notes the information in the Government’s reports and asks the Government to provide information on the following points.

1. In reply to its previous requests concerning specific machinery, including the role played by the labour inspectorate, to promote the application of the principle of equal remuneration for work of equal value, the Government states once more that there is no need for additional measures to give effect to the principle in national practice. The Government further indicates that the labour inspection services have not yet reported on violations of the principle, partly because these are difficult to detect. According to the Government men and women who perform the same work receive the same wages, except in isolated cases that are difficult to detect. The Committee recalls that the principle enshrined in Article 1(b) of the Convention covers not only equal remuneration for men and women for equal work but also for work which is of a different kind but of equal value. While recognizing the difficulties that may exist in securing respect for the principle of equal remuneration, the Committee nevertheless wishes to emphasize once more the importance of additional measures to translate the principle into practice. The Committee asks the Government to provide information on any measures taken or envisaged to strengthen the specific role of the labour inspection services in securing conformity with the equal pay principle. Such measures may include setting up special equal pay sections in labour inspection services, special training sessions for labour inspectors, recruiting more women inspectors or otherwise reinforcing the role of the inspection process.

2. With respect to the issue of the minimum wage of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Committee notes the Government’s statement that the tripartite technical commission created for this purpose by the Permanent Social Consultation Council is still examining the study on the minimum wage. The Committee hopes that the Government will be in a position to provide a copy of the report to the Committee for its examination. The Committee reiterates its request for information on any developments with respect to the determination, in cooperation with the social partners, of minimum and other wage rates in the various sectors, other than the public service.

3. The Committee notes the collective labour agreements concluded in the banking sector and the company-level agreement for the telecommunications sector which both include a provision (section II, 15-1(b), and Chapter III, section 5, respectively) prohibiting sex-based discrimination. It also notes the tables on the professional categories and minimum remuneration annexed to the company-level agreement in the telecommunications sector and Annexes I, II and IV concerning the different professional job categories and levels annexed to the agreement in the banking sector. The Committee asks the Government to supply statistical data on the distribution of men and women according to job category and their corresponding wages for the banking and telecommunications sectors as well as copies of any other collective agreements in force.

4. With reference to its previous request concerning the study on national classification of jobs, the Committee notes the Government’s determination to complete this study and its requests for technical assistance from the Office to this end. It trusts that progress will be achieved soon in this respect.

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

The Committee welcomes the information provided by the Government in its report.

1.  The Committee notes that it has not been possible to complete the study which had been commenced on the national classification of jobs in view of the military and political conflict which divided the country in 1999. The Committee trusts that, now that the political and military situation of the country has been stabilized, this study will finally be completed and it asks the Government to inform it as to the progress achieved in this respect and to provide a copy of the final text when it is available.

2.  In reply to the Committee’s question as to whether there is any specific machinery to promote the application of the principle of equal remuneration for work of equal value, the Government limits itself to stating that this principle is set forth in sections 24(d) and 156(3) of the Labour Code (Act No. 2/86 of 5 April 1986). However, the Committee recalls that, even though the inclusion of the principle in the national legislation is an explicit commitment to ensure the application of the principle, additional measures are nevertheless necessary to give effect to the principle in national practice. In particular, it wishes to emphasize the role which must be played in this respect by the labour inspectorate, which is the institution responsible for ensuring observance of labour legislation in general, including provisions respecting equal remuneration between men and women. The Committee therefore asks the Government to provide copies of the annual reports of the labour inspection services, particularly extracts concerning violations of the legislation in respect of remuneration. Please refer to paragraphs 102 to 106 of the Committee of Experts’ 1986 General Survey on equal remuneration.

3.  The Committee notes that the Government has still not determined wage rates - minimum and maximum - in the various sectors, except for the public service. It would be grateful if the Government would keep it informed of any change in this respect. Noting that the Government does not refer in its report to the issue of the minimum wage of workers employed by third persons (Decree No. 17/88 of 4 April 1988), the Committee is bound to reiterate its request to be provided with a copy of the study, which was forwarded to employers’ and workers’ organizations for their views with regard to the revaluation of the minimum wage for this category of workers, so that the Committee can examine the criteria which served as a basis for determining the proposed minimum wage. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to adjust the wages of workers employed by third persons.

4.  Finally, with regard to collective labour agreements, the Committee notes that the document provided by the Government, in relation to the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), is not a collective agreement, but concerns the collective recruitment of workers. It once again asks the Government to indicate whether, since the adoption of the Labour Code in 1986, collective agreements have in practice been concluded and, if so, to provide copies of them with its next report, either on the application of the present Convention, or on the application of Convention No. 98.

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

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. With regard to the Committee's previous request for information on the machinery through which the principle of the Convention was to be ensured in practice, the Committee notes the Government's reply that, as yet, no specific machinery has been established, but that a study of classification of occupations is in the planning stage. The Committee accordingly asks the Government to inform it of progress in completing the classification (supplying a copy of the final text if available) in its next report. Please also indicate in future reports if any specific machinery to promote the application of the principle of equal remuneration for work of equal value is created.

2. The Committee notes that the Government does not respond to the last two paragraphs of its previous direct request, and is accordingly obliged to repeat them.

(a) The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

(b) In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

The Committee notes with regret that the Government's report has not been received. It recalls that for a number of years either the Government has not submitted a report or the report has not replied to previous direct requests. The Committee must therefore reiterate the questions in a new direct request which concerns requests for information on the establishment of national machinery to promote the application of the principle of equal remuneration for work of equal value, the setting of minimum wages and the conclusion of collective agreements. It hopes that the Government will not fail to take the necessary measures and to provide the information requested.

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

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. With regard to the Committee's previous request for information on the machinery through which the principle of the Convention was to be ensured in practice, the Committee notes the Government's reply that, as yet, no specific machinery has been established, but that a study of classification of occupations is in the planning stage. The Committee accordingly asks the Government to inform it of progress in completing the classification (supplying a copy of the final text if available) in its next report. Please also indicate in future reports if any specific machinery to promote the application of the principle of equal remuneration for work of equal value is created.

2. The Committee notes that the Government does not respond to the last two paragraphs of its previous direct request, and is accordingly obliged to repeat them.

(a) The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

(b) In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

The Committee notes with regret that the Government's report has not been received. It recalls that for a number of years the Government has either not submitted a report or the report has not replied to previous direct requests.

The Committee must therefore return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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. With regard to the Committee's previous request for information on the machinery through which the principle of the Convention was to be ensured in practice, the Committee notes the Government's reply that, as yet, no specific machinery has been established, but that a study of classification of occupations is in the planning stage. The Committee accordingly asks the Government to inform it of progress in completing the classification (supplying a copy of the final text if available) in its next report. Please also indicate in future reports if any specific machinery to promote the application of the principle of equal remuneration for work of equal value is created.

2. The Committee notes that the Government does not respond to the last two paragraphs of its previous direct request, and is accordingly obliged to repeat them.

(a) The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

(b) In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that, as the Government's report gives no further particulars in reply to the earlier direct requests, the Committee must return to the question in a new direct request. It hopes that the Government will take the necessary steps and supply the information requested.

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

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. With regard to the Committee's previous request for information on the machinery through which the principle of the Convention was to be ensured in practice, the Committee notes the Government's reply that, as yet, no specific machinery has been established, but that a study of classification of occupations is in the planning stage. The Committee accordingly asks the Government to inform it of progress in completing the classification (supplying a copy of the final text if available) in its next report. Please also indicate in future reports if any specific machinery to promote the application of the principle of equal remuneration for work of equal value is created.

2. The Committee notes that the Government does not respond to the last two paragraphs of its previous direct request, and is accordingly obliged to repeat them:

(a) The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

(b) In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that, for the fourth consecutive time, 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 is previous direct request, which read as follows:

1. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralizing all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

The Committee notes the explanations provided in the Government's report with regard to the creation of an Employment Centre as well as the explanation that the wage table for the civil service was established by reference to the criteria set out in the Civil Service Staff Regulations, namely qualifications, skills and competence required for the posts.

1. With regard to the Committee's previous request for information on the machinery through which the principle of the Convention was to be ensured in practice, the Committee notes the Government's reply that, as yet, no specific machinery has been established, but that a study of classification of occupations is in the planning stage. The Committee accordingly asks the Government to inform it of progress in completing the classification (supplying a copy of the final text if available) in its next report. Please also indicate in future reports if any specific machinery to promote the application of the principle of equal remuneration for work of equal value is created.

2. The Committee notes that the Government does not respond to the last two paragraphs of its previous direct request, and is accordingly obliged to repeat them:

(a) The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

(b) In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

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. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralizing all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

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. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralizing all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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:

1. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralising all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.

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

1. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralising all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.