Equal Remuneration Convention, 1951 (No. 100) - Côte d'Ivoire (Ratification: 1961)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Evaluation of pay gap and its causes. The Committee notes the Government’s indication that a reform of the system for the production and analysis of employment statistics has been initiated, which should make it possible to identify remuneration inequalities in the formal and informal economy, and to determine their nature, scope and causes. The Committee hopes that the above-mentioned reform will be completed in the near future, and that the Government will soon be able to provide statistical information that would allow for the application of the Convention to be evaluated. The Committee reiterates its previous request and requests the Government to provide:

• (i)data on the numbers of men and women, disaggregated by sector and occupation in the private and public sectors, their corresponding levels of remuneration, and on the extent of pay differentials in the formal and informal economy; and
• (ii)any available information on the causes of remuneration inequalities in the formal and informal economy.

Article 2(2)(b). Minimum wage. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee requests the Government to provide information on:

• (i)the method and the evaluation criteria used to set the minimum wage;
• (ii)the number of workers, disaggregated by sex and also if possible sector, covered by the minimum wage; and
• (iii)any new minimum wage adopted and its impact on reducing the gender wage gap.

Articles 2(2)(c) and (4). Collective agreements and cooperation with the social partners. Concerning the Government’s commitment to incorporating the principle of equal remuneration between men and women for work of equal value in the Inter-Occupational Collective Agreement during its revision, the Committee notes the Government’s indication that: (1) remuneration in the private sector is based on professional category rather than gender; (2) section 31.3 of the Labour Code clearly indicates that remuneration is based on employment; and (3) during the revision of the Inter-Occupational Collective Agreement, the social partners will assess the need to reaffirm this provision of the Code. The Committee observes, however, that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977 limits the payment of equal wages to “equal conditions of work, professional qualification and performance”, and that it does not reflect the principle of equal remuneration between men and women for work of equal value as provided for by the Convention and national legislation. The Committee therefore requests the Government to take the necessary steps, in collaboration with the social partners, to ensure that the principle of the Convention is incorporated into the future Inter-Occupational Collective Agreement.

Article 3. Objective job evaluation and determination of job classification. The Committee notes that the Government does not reply to its request for information on objective job evaluation. However, it observes that section 31.3 of the Labour Code establishes that ”job evaluation methods should be informed by objective considerations based primarily on the nature of the work involved in those jobs”. The Committee therefore reiterates its request for information on the methods and criteria used to evaluate jobs and establish professional classifications. It also requests the Government to provide information on the training activities undertaken with the social partners on the matter.

Supervision of application. Courts. Labour inspection. The Committee recalls that the Labour Code (section 31.2) reflects the principle of the Convention. It notes that, in response to its previous request, the Government indicates that the matter of shifting the burden of proof to favour workers who allege discrimination, once they have provided prima facie or plausible evidence of the offence, will be discussed with the social partners at future sessions of the Tripartite Advisory Committee on International Labour Standards (CCTNIT). The Committee furthermore notes the Government’s indication that the variables taken into account by the statistical data do not, to date, make it possible to determine whether there are any infringements of the principle of the Convention, but that the future operationalization of the new statistical data collection forms will allow for the collection of this data. Regarding the capacity of labour inspectors to identify and remedy infringements, the Committee notes the Government’s indication that labour inspectors receive comprehensive initial training, followed by continuous training, in order to be able to carry out the tasks assigned to them under section 91.1 onwards of the Labour Code. The Committee requests the Government to provide information on:

• (i)any development concerning the burden of proof, and to send copies of any amended legislative text once it has been adopted;
• (ii)the measures taken to collect and analyse data on remuneration inequalities (number of infringements, penalties imposed and compensation granted) ; and
• (iii)any training activities specifically organized to enable labour inspectors to identify and remedy remuneration inequalities.

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

Articles 1 and 2 of the Convention. Evaluation of pay gap.  In its previous comments, the Committee requested the Government to provide information on the breakdown of men and women by sector, both public and private, occupation, and on their respective remunerations. The Committee notes that, in its report, the Government states that information will be provided to the Committee when available. The Committee also notes that, in the National Review on the Implementation of the Beijing Declaration and Platform for Action (Beijing +25), the Government refers to the future adoption of several measures to promote gender-specific data collection, including the development of gender-specific national indicators on equality, the institutionalization and systematization of data collection and periodic evaluations, the elaboration of a set of national indicators to monitor the progress of the United Nations Sustainable Development Goals’ realization. The Committee further notes that, in 2016, the Government carried out the National Survey on Employment Situation and the Informal Sector (ENSESI 2016) and that women’s participation in the labour market is mainly found in the informal economy. The Committee recalls that, while the principle of the Convention should apply to all workers, the application in law and practice of the principle of the Convention in the informal sector remains a challenge, but that understanding the extent of pay differentials in the informal economy and examining its underlying factors are important first steps in realising equal pay for work of equal value for all, including those working in the informal economy. (General Survey on fundamental conventions, para 665). The Committee asks the Government to provide information on measures taken to ensure that, in the establishment of new methods of data collection and disaggregation and in the undertaking of upcoming surveys, information relevant to the implementation of the principle of equal remuneration for work of equal value is collected (such as the numbers of men and women disaggregated by sector and occupation in the private and public sectors and their corresponding levels of remuneration, as well as data on the extent of pay differentials in the informal economy). The Committee also asks the Government to indicate the measures taken to use this information to identify remuneration inequalities in the formal and informal economy, and to determine their nature, scope and causes.

Article 1(b) of the Convention. Equal remuneration for men and women workers.  The Committee notes that, in response to its previous request, the Government indicates that, for the moment, no measures have been taken to examine the possibility of modifying the burden of proof to favour workers who allege discrimination, once they have provided prima facie or plausible evidence of the offence. The Committee is therefore bound to reiterate its request that the Government considers examining with the social partners the possibility of providing a shift in the burden of proof.

Articles 2 and 4. Collective agreements and collaboration with the social partners.  The Committee notes that, in its report, the Government reiterates its commitment to ensure that, in the review of the Inter-Occupational Collective Agreement, the principle of equal remuneration for work of equal value is formally mentioned. The Committee asks the Government to provide information on the advancement of the revision of the Inter-Occupational Collective Agreement of 1997. The Committee also reiterates its request to the Government to provide information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements that contain clauses relating to the means of implementing the principle of equal remuneration for work of equal value

Article 2(2)(b). Determination of minimum wages. In its previous comments, the Committee had considered that the three criteria adopted for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias. The Committee takes note of the Government’s clarification that negotiations on minimum wages take place in the Permanent Independent Concertation Commission (CCT), which is a bipartite body, and that its conclusions are afterwards transmitted to the Labour Advisory Commission, a tripartite body, to be endorsed by regulatory action. The Committee recalls that minimum wages are an important means by which the Convention is applied. As women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, and thus has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. It also stresses that it is important for governments, in cooperation with employers’ and workers’ organizations, to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure that the rates fixed are free from gender bias, and in particular that certain skills considered as inherently possessed by women (such as manual dexterity or care delivery) are not undervalued in comparison with skills considered as inherently possessed by men (such as physical strength) (see 2012 General survey on fundamental Conventions, paras 683 and 685). The Committee is therefore bound to reiterate its request to the Government to indicate the measures taken or envisaged to ensure that those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention, and that, in sectors that employ a high proportion of women, wages are effectively determined on the basis of objective criteria free from any gender bias, specifying the assessment method for jobs and the criteria used.

Article 3. Objective job evaluation.  The Committee notes that, in response to its previous comments, the Government expresses its commitment to inform the Committee if steps are taken to carry out a job evaluation study in the framework of the review of the Inter-Occupational Collective Agreement of 1997. The Committee refers to its request to the Government in relation to Article 2 and Article 4 of the Convention on the future review of the Inter-Occupational Collective Agreement of 1997. The Committee asks the Government to inform additionally on: (i) steps taken to raise awareness about the principle of equal remuneration for work of equal value among social partners, in particular as regards the use of objective job evaluation and classification criteria; and (ii) measures taken to promote the integration of objective job evaluation criteria in collective agreements.

Enforcement. Labour inspection.  The Committee notes that, in reply to its previous request for information on the activities of the labour inspection, the Government indicates that the labour inspection promotes respect for the principle of equal remuneration for work of equal value when undertaking its work, and that it can also be relied upon by workers who feel they have been discriminated against. The Committee notes that, in its concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the absence of information on the number of labour inspections, the nature of the violations recorded and the penalties imposed (see CEDAW/C/CIV/CO/4, 30 July 2019, para 41). In this regard, the Committee recalls that the supervision of relevant provisions on non-discrimination, equality and equal remuneration often rests in the first instance with the labour inspection services and therefore highlights the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances (see 2012 General survey on fundamental Conventions, para 872 and 875. In light of the above, the Committee invites again the Government to provide statistical information of the number of cases of violation of equal remuneration detected by labour inspectors. It also asks the Government to provide information on any measures or steps taken to ensure that the labour inspection can identify and treat such cases effectively, including through training.

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

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 initially made in 2016.

Repetition

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(b) of the Convention. Equal remuneration for men and women workers. The Committee notes that the new Labour Code has supplemented the text of the former section 31.2, which simply indicated that “all employers are bound to ensure equality of remuneration between workers, regardless of their sex, for the same work or work of equal value …”. Specifically, new section 31.2 of the 2015, Labour Code adds a paragraph worded as follows: “Work shall be considered to be of equal value when it requires from workers a comparable body of professional knowledge as demonstrated by a qualification, diploma, vocational experience, skills resulting from acquired experience, responsibilities, and physical or mental effort”. The latter, therefore, provides criteria for assessing the equal value of work. As most of the information required for legal proceedings initiated on grounds of unequal or discriminatory treatment is in the hands of the employer, particularly with regard to remuneration, the Committee requests the Government to indicate whether it plans to examine with the social partners the possibility of modifying the burden of proof to favour workers who consider that they have suffered discrimination, once the plaintiff has provided prima facie or plausible evidence of an offence.

Articles 2 and 4. Collective agreements and collaboration with the social partners. With regard to clause 44 of the Inter-Occupational Collective Agreement of 19 July 1977, the Committee has commented on many occasions that it does not fully reflect the principle of equal remuneration for men and women for work of equal value (“all workers, regardless of their origin, age, sex and status, shall receive equal pay for work under equal conditions, occupational skills and output ...”). In this regard, the Government recalls that it had already indicated in its previous reports that it would not commence on this ambitious project until it had adopted the new Labour Code, which it did on 20 July 2015. The Committee notes that section 72.2(7) of the 1995 Labour Code, which specified clauses that must feature in collective agreements (in this case, “the procedures for applying the principle of equal remuneration for women and young persons for work of equal value”) has been amended; the new section 72.2 simply stipulates that “the collective agreement may contain clauses more favourable to workers than the laws and regulations in force. It may not contravene the public order provisions set out in these laws and regulations.” The Committee requests the Government to indicate whether the process of revising the Inter-Occupational Collective Agreement has been initiated and invites it to take the necessary measures, in collaboration with the social partners, to ensure that the new collective agreement fully reflects the principle set out in the Convention. It reiterates its desire to obtain information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements which contain clauses relating to the means of implementing the principle of equal remuneration for work of equal value.

Article 2(2)(b). Determination of minimum wages. The Committee notes that, according to the Government, the criteria taken into consideration for the determination and revision of minimum wages in the private sector by the Labour Advisory Commission and the joint committees are: the cost of living; sector of activity; and occupational category; and not the gender of workers. However, the Committee recalls that women are generally predominant in low-wage employment and that there is a tendency to set lower wages for sectors in which women are in a majority. In order to combat this occupational segregation, 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 that certain skills considered to be “female” (manual dexterity) are not undervalued in comparison with the work carried out in male-dominated professions (physical strength) (see 2012 General Survey on the fundamental Conventions, 2012, paragraph 683). Considering that the three criteria adopted by the authorities of Côte d’Ivoire for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias, the Committee requests the Government to indicate the measures taken or envisaged to ensure that those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention, and that they critically review the application in practice of the criteria for determining minimum wages in sectors that employ a high proportion of women.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977, concerning occupational classification, which had been reached based on the recommendations of the 2007 social pre-forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. The Government’s report provides no information in this respect, but the Committee notes that the authorities are preparing to launch the process of revising the Inter-Occupational Collective Agreement of 1977, now that the adoption of the new Labour Code has been completed. The Committee, therefore, once again requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the methods applied and the criteria used. Furthermore, the Committee is bound to reiterate the hope that the Government will soon be in a position to conduct the job evaluation study, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. It also requests the Government to provide information on the measures taken in this respect.

Application in practice. Labour inspection. The Committee invites the Government to provide information on the activities of the labour inspectorate that are specifically related to equal remuneration for men and women, with regard to both preventing unequal remuneration and punishing violations in this area, and to provide statistics on violations of equal remuneration detected by labour inspectors.

Evaluation of pay gaps. In its previous comments, the Committee noted the sectoral wage scale applicable to both men and women without distinction. The Committee observed, however, that these data were not sufficient in themselves to identify any possible pay gaps between men and women and to assess the application of the Convention. As the Government’s report contains no information on this matter, the Committee once again requests it to provide the information available on the breakdown of men and women by sector and by occupation, in the public and private sectors, and on their respective remuneration levels, and to indicate the measures taken or envisaged to determine the nature, scope and causes of the unequal remuneration identified.

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

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(b) of the Convention. Equal remuneration for men and women workers. The Committee notes that the new Labour Code has supplemented the text of the former section 31.2, which simply indicated that “all employers are bound to ensure equality of remuneration between workers, regardless of their sex, for the same work or work of equal value …”. Specifically, new section 31.2 of the 2015, Labour Code adds a paragraph worded as follows: “Work shall be considered to be of equal value when it requires from workers a comparable body of professional knowledge as demonstrated by a qualification, diploma, vocational experience, skills resulting from acquired experience, responsibilities, and physical or mental effort”. The latter, therefore, provides criteria for assessing the equal value of work. As most of the information required for legal proceedings initiated on grounds of unequal or discriminatory treatment is in the hands of the employer, particularly with regard to remuneration, the Committee requests the Government to indicate whether it plans to examine with the social partners the possibility of modifying the burden of proof to favour workers who consider that they have suffered discrimination, once the plaintiff has provided prima facie or plausible evidence of an offence.

Articles 2 and 4. Collective agreements and collaboration with the social partners. With regard to clause 44 of the Inter-Occupational Collective Agreement of 19 July 1977, the Committee has commented on many occasions that it does not fully reflect the principle of equal remuneration for men and women for work of equal value (“all workers, regardless of their origin, age, sex and status, shall receive equal pay for work under equal conditions, occupational skills and output ...”). In this regard, the Government recalls that it had already indicated in its previous reports that it would not commence on this ambitious project until it had adopted the new Labour Code, which it did on 20 July 2015. The Committee notes that section 72.2(7) of the 1995 Labour Code, which specified clauses that must feature in collective agreements (in this case, “the procedures for applying the principle of equal remuneration for women and young persons for work of equal value”) has been amended; the new section 72.2 simply stipulates that “the collective agreement may contain clauses more favourable to workers than the laws and regulations in force. It may not contravene the public order provisions set out in these laws and regulations.” The Committee requests the Government to indicate whether the process of revising the Inter-Occupational Collective Agreement has been initiated and invites it to take the necessary measures, in collaboration with the social partners, to ensure that the new collective agreement fully reflects the principle set out in the Convention. It reiterates its desire to obtain information on the application of section 72.2 of the Labour Code in practice, particularly through the provision of extracts of collective agreements which contain clauses relating to the means of implementing the principle of equal remuneration for work of equal value.

Article 2(2)(b). Determination of minimum wages. The Committee notes that, according to the Government, the criteria taken into consideration for the determination and revision of minimum wages in the private sector by the Labour Advisory Commission and the joint committees are: the cost of living; sector of activity; and occupational category; and not the gender of workers. However, the Committee recalls that women are generally predominant in low-wage employment and that there is a tendency to set lower wages for sectors in which women are in a majority. In order to combat this occupational segregation, 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 that certain skills considered to be “female” (manual dexterity) are not undervalued in comparison with the work carried out in male-dominated professions (physical strength) (see 2012 General Survey on the fundamental Conventions, 2012, paragraph 683). Considering that the three criteria adopted by the authorities of Côte d’Ivoire for the determination of minimum wages are not in themselves sufficient to ensure that the process is free from gender bias, the Committee requests the Government to indicate the measures taken or envisaged to ensure that those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention, and that they critically review the application in practice of the criteria for determining minimum wages in sectors that employ a high proportion of women.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977, concerning occupational classification, which had been reached based on the recommendations of the 2007 social pre-forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. The Government’s report provides no information in this respect, but the Committee notes that the authorities are preparing to launch the process of revising the Inter-Occupational Collective Agreement of 1977, now that the adoption of the new Labour Code has been completed. The Committee, therefore, once again requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the methods applied and the criteria used. Furthermore, the Committee is bound to reiterate the hope that the Government will soon be in a position to conduct the job evaluation study, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. It also requests the Government to provide information on the measures taken in this respect.

Application in practice. Labour inspection. The Committee invites the Government to provide information on the activities of the labour inspectorate that are specifically related to equal remuneration for men and women, with regard to both preventing unequal remuneration and punishing violations in this area, and to provide statistics on violations of equal remuneration detected by labour inspectors.

Evaluation of pay gaps. In its previous comments, the Committee noted the sectoral wage scale applicable to both men and women without distinction. The Committee observed, however, that these data were not sufficient in themselves to identify any possible pay gaps between men and women and to assess the application of the Convention. As the Government’s report contains no information on this matter, the Committee once again requests it to provide the information available on the breakdown of men and women by sector and by occupation, in the public and private sectors, and on their respective remuneration levels, and to indicate the measures taken or envisaged to determine the nature, scope and causes of the unequal remuneration identified.

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

Article 2(2)(a) of the Convention. Legislation. The Committee notes that, according to the Government’s report, the preliminary draft of the new Labour Code is currently being validated by the Labour Advisory Council (CCT). Recalling its previous comments in which it noted that the principle of equal remuneration for work of equal value was included in the draft of the new Labour Code, the Committee trusts that the Government will soon be able to provide information on the progress in adopting this new Labour Code and to send a copy once it has been adopted.

Articles 2 and 4. Collective agreements and cooperation with the social partners. Regarding section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, which provides that “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, qualifications and output ...”, the Government states that once the new Labour Code has been adopted, it will envisage revising this collective agreement to bring it into compliance with the Labour Code. It adds that it is continuing its awareness-raising activities to promote better understanding and application of the Convention. While noting this information, the Committee nevertheless recalls that, under section 72.2(7) of the Labour Code in force, collective agreements are required to contain clauses concerning the means of applying the principle “equal pay for work of equal value” for women. The Committee asks the Government to take the necessary measures, in cooperation with the social partners, to revise the Inter-Occupational Collective Agreement of 19 July 1977 so that it fully reflects the principle of equal remuneration between men and women for work of equal value. It also asks the Government to provide information on the application of section 72.2(7) of the Labour Code in practice and to send extracts of collective agreements containing clauses concerning the means of applying the principle of equal remuneration for work of equal value.

Article 2(2)(b). Minimum wage fixing. The Government specifies that, when fixing and revising minimum wages in the private sector, the CCT and joint committees take account of the principle of equal remuneration for work of equal value. While noting this information, the Committee asks the Government to specify the methods and especially the criteria used when determining or reviewing minimum wages in the context of the CCT and the joint committees to ensure that men and women workers receive equal remuneration for work of equal value.

Article 3. Objective job evaluation. In its previous comments, the Committee welcomed the agreement between the Government and employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977 concerning occupational classification, which had been reached as a result of the recommendations of the 2007 social pre forum. It also noted that the social pre-forum had advocated carrying out a job evaluation study. In this respect, the Government states that it takes note of the Committee’s recommendations on the use of objective criteria free from any gender bias and adds that it will provide more detailed information in due course. As regards the drafting of the annexes to the Inter-Occupational Collective Agreement of 1977 concerning occupational classification, the Committee requests the Government to take the necessary measures to encourage the social partners to use objective criteria for evaluating and classifying jobs that are free from gender bias, and asks it to provide information on the method applied and criteria used. Furthermore, the Committee reiterates the hope that the Government will soon be in a position to conduct the job evaluation study and encourages it to establish the conditions necessary for carrying it out, by gathering and compiling data on remuneration, disaggregated by sex and by job category, within the same economic sector and in different sectors. The Government is asked to provide information on the steps taken in this respect.

Labour inspection. The Committee notes that, according to the statistical data submitted by the Government on labour inspections, no violations of equal remuneration have been recorded by the labour inspectors. The Committee also notes that labour inspectors have received training on wage discrimination in the context of the Programme to Support the Implementation of the ILO Declaration (PAMODEC). The Committee encourages the Government to continue training labour inspectors and providing them with adequate means to enable them to monitor the application of the principle of equal remuneration for men and women for work of equal value in enterprises. It also asks the Government to provide information on the labour inspectorate’s activities specifically concerning equal remuneration between men and women, both as regards the prevention of unequal remuneration and the punishment of violations in this area.

Practical application. Evaluation of gender pay gaps. The Committee notes the sectoral wage scale submitted by the Government and notes that it applies to both men and women, without any distinction. The Committee observes, however, that these data are inadequate to be able to identify any possible pay gaps between men and women and to assess the application of the Convention. The Committee asks the Government to take measures to determine the nature, extent and causes of inequalities in pay that exist in practice. It also asks the Government to provide available information on the breakdown of men and women by sector of activity and by occupation, in both the public and private sectors, and on their respective remuneration levels.

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

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration by legislative means. The Committee notes that according to the provisions of the draft Labour Code sent by the Government, the principle of equal remuneration for men and women for work of equal value will be included in the new Labour Code. The Committee asks the Government to provide information on the state of progress of work on the revision of the Labour Code and to send a copy of the Labour Code once it has been adopted.

Articles 2(2)(c) and (4). Application of the principle by means of collective agreement. Cooperation with the social partners. In its previous comments, the Committee noted that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, which provides that, “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, qualifications and output ...”, is more restrictive than the principle contained in the Convention. It had recalled in this connection that it was essential to compare the value of work performed in different occupations, which may require different qualifications and involve different responsibilities or working conditions but which is nevertheless of equal value. The Committee notes that, according to the Government, the only way of implementing the provisions of Convention No. 100 for the moment is the organization of seminars and workshops on the concept of “work of equal value”, as well as labour inspection visits. The most recent workshop on this issue, which was attended by labour administration officials, labour inspectors and employers’ and workers’ representatives, took place in October 2010. While noting this information, the Committee draws the Government’s attention once again to the discrepancies existing between the provisions on equal remuneration in the Labour Code (section 31.2) and the Convention, on the one hand, and those of the Inter-Occupational Collective Agreement, on the other hand. The Committee therefore asks the Government to take all necessary steps to encourage the social partners to revise section 44 of the Inter-Occupational Collective Agreement of 19 July 1977 in order to incorporate the principle of equal remuneration between men and women for work of equal value. The Government is also asked to continue providing information on the awareness-raising activities carried out to promote a better understanding and improved application of the principle of equal remuneration within the meaning of the Convention and, in particular, the concept of “work of equal value” by employers, workers and their organizations.

Article 2(2)(b). Minimum wage fixing. With regard to minimum wage fixing in the private sector, the Committee notes that the Government has sent information in its reports on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). However, as regards the application of the principle of equal remuneration for men and women for work of equal value through minimum wage fixing, the Committee recalls that it examines whether this principle is sufficiently taken into account when establishing minimum wages and whether the method and criteria used in this process ensure that these wages are free from gender bias, which might exist because skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government once again to provide information on the methods and criteria used when determining or reviewing minimum wages in the context of the Labour Advisory Committee and the joint committees to ensure that men and women are paid equal remuneration for work of equal value. It also asks the Government to indicate any measure taken or envisaged to promote the application of the principle of equal remuneration for work of equal value during the process of minimum wage fixing.

Article 3. Objective job evaluation. The Committee welcomes the agreement between the Government, employers’ and workers’ representatives on the drafting of annexes to the Inter-Occupational Collective Agreement of 19 July 1977 concerning occupational classification. Referring to its general observation of 2006, the Committee recalls in this respect that when examining tasks involved in jobs for the purpose of occupational classification, it is important to ensure that methods of evaluation using objective criteria free from any gender bias are applied (usually the skills required, the effort, and responsibilities or working conditions) in order to guarantee, inter alia, that the type of efforts, skills and responsibilities required for work primarily carried out by women is not undervalued. The Government recalls that one of the recommendations of the 2007 social pre-forum was to carry out a job evaluation study and that it was intending to request the ILO for technical assistance in this respect. The Committee notes the Government’s statement that it is not in a position at the present time to carry out this study. In the light of the preceding comments concerning the revision of the annexes of the collective agreement of 1977, the Committee asks the Government to take the necessary measures to encourage the social partners to take into account the principle of equal remuneration between men and women for work of equal value when establishing occupational classifications and to provide information on this matter. Furthermore, the Committee hopes that the Government will soon be in a position to carry out the job evaluation study and asks it once again to indicate the steps taken to establish the conditions necessary for the carrying out of this study and to gather data on remuneration, disaggregated by sex and by job category, within the same sector and in different sectors.

Parts III and V of the report form. Application of the principle of equality of remuneration in practice. Statistics and labour inspection. The Committee notes that the Government’s report does not contain any information in reply to its request. In order to be in a position to assess the application of the Convention in practice, the Committee asks the Government once again:

• (i) to provide the data available on the wage levels of men and women by sector of activity and by occupation, in both the public and private sectors;
• (ii) to indicate the steps taken or envisaged, in particular through specific training, to enable labour inspectors to be in a better position to detect pay discrimination and to deal with it effectively; and
• (iii) to provide the information available on the results of the inspections carried out, particularly statistics on the number of establishments inspected and the number of men and women workers covered, the violations reported with regard to the principle of equal remuneration and any penalties imposed.

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

Article 2, paragraph 2(a), of the Convention. Application of the principle of equal remuneration by legislative means. The Committee notes the Government’s indication that the new Labour Code, which is still in the process of being revised, will not put at risk the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content of the draft Labour Code with regard to wages and, in particular, on any recommendation adopted on this matter by the social forum mentioned by the Government in its previous report received in 2007. It trusts that the new Labour Code, like the current Labour Code, will contain provisions providing for equal remuneration between men and women for work of equal value, and asks the Government to keep it informed of any developments in this regard.

Articles 2, paragraph 2(c), and 4. Application of the principle by means of collective agreements. Cooperation with the social partners. The Committee notes that, according to the Government, awareness of the social partners of the application of the provisions of the present Convention is raised through seminars and workshops and during inspections by labour inspectors. It also notes that section 44 of the Inter-Occupational Collective Agreement of 19 July 1977, provides that “all workers, regardless of their origin, age, sex and status, shall receive equal pay for equal conditions of work, occupational skill and output …”. The Committee would like to draw the Government’s attention to paragraph 54 of its General Survey of 1986 on equal remuneration, in which it emphasizes that “insistence on ‘equal conditions as regards work, skill and output’ can be taken as a pretext for paying women lower wages than men”. The emphasis should instead be placed on the “nature of the work”, which requires a comparison of tasks on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Referring to its 2006 general observation in which it clarifies the meaning of the concept of “work of equal value”, the Committee recalls that it is essential to compare the value of work performed in different occupations, which may require different qualifications and skills and involve different responsibilities or working conditions, but which is nevertheless of equal value. The Committee asks the Government to provide specific information on the awareness-raising activities carried out or envisaged to promote a better understanding and better application of the principle of the Convention and, in particular, of the concept of “work of equal value” by employers, workers and their organizations. It also asks it to indicate any steps taken to encourage the social partners to include in the Inter-Occupational Collective Agreement of 1977 a clause incorporating the principle of equal remuneration between men and women for work of equal value when this collective agreement is renegotiated.

Article 2, paragraph 2(b). Minimum wage fixing. With regard to minimum wage fixing in the private sector, which the Committee recalls is an important means of giving effect to the Convention, the Government indicates that the Labour Advisory Committee issues opinions on these matters and that the joint committees play their role in this regard to the full. Noting this general information, the Committee observes that the Government does not provide any information on the method and criteria used to determine minimum wages and to ensure that they are determined in a manner that is free from any gender bias. In this regard, it recalls the importance of using criteria that are free from gender bias and ensuring, inter alia, that the types of effort, qualifications and responsibilities required for work performed predominantly by women are not undervalued. The Committee asks the Government to provide information on the methods and criteria used when determining or reviewing minimum wages in the context of the Labour Advisory Committee and the joint committees. It also asks the Government to indicate any steps taken or envisaged to promote the application of the principle of equal remuneration for work of equal value in this process.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that it is committed to carrying out, with technical assistance from the ILO, a job evaluation study as soon as possible. It would like to draw the Government’s attention to its general observation of 2006 in which it emphasized that, while the Convention does not prescribe any specific method for determining whether different jobs are of equal value, it does presuppose the use of appropriate techniques for objective job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. These methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort and responsibilities or working conditions (see paragraph 141 onwards of the General Survey of 1986). The Committee asks the Government to indicate the steps taken to establish the conditions necessary for the carrying out of a study on objective job evaluation and to gather data on remuneration, disaggregated by sex and by job category within the same sector and in different sectors.

Parts III and V of the report form. Application of the principle of equality in practice. Statistics and labour inspection. The Committee notes that the Government indicates that equal remuneration between men and women for work of equal value is well observed in both the private and public sectors and that inspections carried out by labour inspectors have not brought to light any violations with regard to the application of the Convention. The Committee recalls that the absence of violations reported or of complaints lodged is not sufficient to conclude that the Convention is being applied in practice. In order to be in a position to assess the application of the Convention in practice, the Committee asks the Government as follows:

(i)    to provide the data available on the wage levels of men and women by sector of activity and by occupation, in both the public and private sectors;

(ii)   to indicate the steps taken or envisaged, in particular through specific training, to enable labour inspectors to be in a better position to detect pay discrimination and to deal with it effectively; and

(iii) to provide the information available on the results of the inspections carried out, in particular, statistics on the number of establishments inspected and the number of men and women workers covered, the violations reported with regard to the principle of equal remuneration and any penalties imposed.

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

1. Article 2(a) of the Convention. In its previous comments, the Committee asked the Government to provide information on the revision of the Labour Code with regard to wages. The Committee notes that, within the framework of the revision of the Labour Code currently under way, the Private Sector Commission has approved the conventional amendment of basic wages together with other provisions that are to be adopted by a social forum in the coming months. The Committee notes that the Government has not provided any information on the content of these recommendations or on any other provision relating to the revision of wages. The Committee hopes that the principle of equal remuneration for men and women for work of equal value will be given full expression in the recommendations to be adopted by the social forum. The Committee asks the Government to provide information on the content of the revised Labour Code with regard to wages and hopes that any future amendments will further the application of the Convention.

2. Article 3. Appraisal of jobs. The Committee notes that the Government reaffirms its commitment to carrying out a study on job appraisal. It notes that the Government intends to request technical assistance from the ILO in order to undertake this study. The Committee asks the Government to take the necessary measures to carry out this study on job appraisal and hopes that it may benefit from ILO technical assistance in the very near future. The Committee encourages the Government to collect, in so far as is possible, information, disaggregated by sex, on wages in job categories within the same sector and within different sectors.

3. Article 4. Cooperation with the social partners. The Committee asks the Government, once again, to provide information in its next report on the wage‑setting activities of both the Consultative Labour Commission and the joint committees within the context of the application of the Convention, and, in particular, on the job appraisal methods used by these bodies to determine wages.

4. Labour inspection. The Committee reiterates its previous requests to the Government for more detailed information on the labour inspectorate’s awareness-raising activities for the social partners, in particular with regard to the number of events held, the participants in attendance and the materials and methods used to make workers and employers more aware of the practical application of the principle of equal remuneration for men and women for work of equal value. With respect to workplace inspections, the Committee requests information on the number and nature of equal remuneration violations reported by the labour inspectors, and on how the inspectors deal with such violations.

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

1. Article 2(a) of the Convention. The Committee recalls its comments concerning the draft decree on wages intended to replace the Decree of 9 February 1973 and notes that the draft decree was not adopted because the Government had, in the meantime, decided to revise the Labour Code itself. The Committee notes, however, the Government’s indication that the revision of the Labour Code is not yet complete. It therefore asks the Government to provide further information in its next report on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. Article 3. Job evaluation. The Committee has been encouraging the Government to undertake an analytical study of the position and pay of men and women in all job categories, within and between the various sectors, with a view to addressing the problem of the continuing wage gap between women and men and exploring possibilities for the use of objective job evaluation methodologies. Noting that no such measures have been taken to date, but that the Government has expressed interest in undertaking such a study with the assistance of the ILO, the Committee again hopes that this assistance will be made available and asks the Government to provide information on any measures taken in this regard.

3. Article 4. Cooperation with the social partners. The Committee asks the Government to provide information in its next report on the wage-setting activities of the Consultative Labour Commission and the joint committees relating to the application of the Convention such as information on the job evaluation methods applied by these bodies in the determination of wages.

4. Labour inspection. The Government reports that, in order to ensure payment of equal remuneration for men and women, labour inspectors undertake awareness‑raising activities with the social partners through seminars and workshops in addition to carrying out workplace inspections to guarantee compliance with the relevant legislation. The Committee asks the Government to provide more detailed information on the labour inspectorate’s awareness‑raising activities for the social partners including the number of events held, the participants in attendance and the materials and methods used to sensitize workers and employers about the practical application of equal remuneration for men and women for work of equal value. With respect to workplace inspections, the Committee requests information on the number and nature of equal remuneration violations reported by the labour inspectors, and on how the inspectors deal with such violations.

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

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. Recalling its comments concerning the draft Decree on wages intended to replace the Decree of 9 February 1973, the Committee notes that that draft decree was not adopted because the Government had in the meantime decided to revise the Labour Code itself. It therefore asks the Government to provide further information on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. The Committee recalls its comments concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it states in its most recent report that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting the linkage of this subject to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to provide information on the progress made in amending section 14 of Act No. 92-570 of 1992 in its next report under Convention No. 111 as well.

3. In its previous comments, the Committee encouraged the Government to undertake an analytical study of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing wage gap between women and men based on sex and exploring possibilities for the use of objective job evaluation methodologies. Noting the Government’s expressed interest to undertake such a study with the assistance of the ILO, the Committee hopes that such assistance will be made available and asks the Government to provide information on any measures taken in this regard.

4. As the Government’s report does not fully reply to point 4 of its previous direct request, the Committee once again asks the Government to provide information on the measures taken by the labour inspectors to ensure equal remuneration, the number and nature of violations of the principle of equal remuneration for men and women for work of equal value reported by the labour inspectors, and the methods applied by the inspectors when dealing with violations.

5. Please indicate whether any promotional activities, including in cooperation with workers’ and employers’ organizations, are undertaken with regard to the promotion of equal pay between men and women.

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

The Committee notes the information provided by the Government in its report on the application of the Convention. The Government is asked to provide information on the following points:

1. Recalling its comments concerning the draft Decree on wages intended to replace the Decree of 9 February 1973, the Committee notes that that draft decree was not adopted because the Government had in the meantime decided to revise the Labour Code itself. It therefore asks the Government to provide further information on the revision of the Labour Code with regard to wages and hopes that any amendments made will promote the application of the Convention.

2. The Committee recalls its comments concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it states in its most recent report that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting the linkage of this subject to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee asks the Government to provide information on the progress made in amending section 14 of Act No. 92-570 of 1992 in its next report under Convention No. 111 as well.

3. In its previous comments, the Committee encouraged the Government to undertake an analytical study of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing wage gap between women and men based on sex and exploring possibilities for the use of objective job evaluation methodologies. Noting the Government’s expressed interest to undertake such a study with the assistance of the ILO, the Committee hopes that such assistance will be made available and asks the Government to provide information on any measures taken in this regard.

4. As the Government’s report does not fully reply to point 4 of its previous direct request, the Committee once again asks the Government to provide information on the measures taken by the labour inspectors to ensure equal remuneration, the number and nature of violations of the principle of equal remuneration for men and women for work of equal value reported by the labour inspectors, and the methods applied by the inspectors when dealing with violations.

5. Please indicate whether any promotional activities, including in cooperation with workers’ and employers’ organizations, are undertaken with regard to the promotion of equal pay between men and women.

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

The Committee notes the information provided by the Government in its report on the application of the Convention.

1.  The Committee notes the Government’s statement to the effect that the draft decree on wages intended to replace the Decree of 9 February 1973, which has been under discussion since 1996, has been approved by the social partners in the Advisory Labour Commission. It asks the Government to keep it informed as to the adoption of the text, and hopes to receive a copy when it has been adopted.

2.  The Committee notes the Government’s reply to its question concerning section 14 of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. The Government states that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries. The Committee would be grateful if the Government would provide a list of these positions.

3.  The Committee refers to its previous comments concerning a study on the evaluation and classification of jobs, which the Government had envisaged undertaking earlier, but which it had not been able to undertake in the end due to financial constraints (see the report of 1993 and the Committee’s subsequent comments). The Committee has since noted the Government’s statement to the effect that the evaluation of jobs must be based on objective considerations founded essentially on criteria such as the nature of jobs and the hazards that they involve. In its general observation of 1998 on this Convention, the Committee emphasized that, in order to apply the Convention fully, efforts must be made by governments which go beyond the mere removal of male and female wage classifications. It emphasized the need for an analysis of the position and pay of men and women in all job categories within and between the various sectors with a view to addressing the problem of the continuing remuneration gap between men and women based on sex. The Committee once again encourages the Government to endeavour to undertake this study, if necessary requesting assistance from the ILO, and including if possible statistics on the wage rates and average earnings of men and women in the public and private sectors, if possible by occupation, branch of activity, seniority and skills level, and the participation rates of women in the various occupations.

4.  The Committee notes the areas of responsibility of the Ministry of Employment, Public Service and Social Welfare Service in the application and supervision of labour legislation. This function is carried out with the assistance of the labour inspection services, which are decentralized and distributed throughout the national territory. The Committee would be grateful if the Government would provide information on equal remuneration, the number and nature of the violations reported, the methods of dealing with violations and the means of recourse available to persons who consider that they have suffered wage discrimination.

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

1. The Committee notes the information contained in the Government's report. The Committee also notes that the Bill respecting remuneration to amend the Decree of 9 February 1973 in this regard has not been adopted since it is still in the drafting phase and that the Bill should shortly be submitted to the social partners of the Consultative Labour Committee. The Committee requests the Government to inform it in its next report of any progress achieved in this respect and to provide a copy of the text as soon as it has been adopted.

2. The Committee notes that the Government's report does not respond to point 3 of the Committee's previous direct request concerning the draft study on the evaluation and classification of jobs referred to in the Government's previous reports. The Committee notes, however, the information contained in the Government's report to the effect that the methods for evaluating jobs must take into consideration objective factors essentially based on the description, the difficulty and the element of danger of the work involved as well as the general occupational risks faced by workers (section 31.3(3) of the Labour Code). The Committee also notes the provisions of sections 31.2 and 31.4 of the Labour Code. The Committee requests the Government to provide information on the practical application of all of the provisions used to determine wage rates over and above the minimum statutory wage, taking into account the principle of equal remuneration for work of equal value. The Committee refers the Government to paragraphs 141 and 142 of the General Survey on equal remuneration.

3. The Committee notes that the Labour Code does not include persons appointed to a permanent position of public official in the public administration, to public servants exercising a function in the name of the State or to public legal entities (section 2 of the Labour Code) who are governed by Act No. 92-570 of 11 September 1992 respecting the general statute of public servants. This provides, under section 14 of the Act, in particular, that no distinction should be made between men and women in respect of recruitment to the public service, but that the specific criteria may, in respect of the physical or particular constraints of certain functions, preclude the recruitment of one or other sex. The Committee requests the Government to indicate all the possible consequences of this provision in determining the categories, grades and remuneration of these public servants.

4. The Committee notes that the provisions of section 4 of the Labour Code stipulating that an employer may not take into consideration the sex, age, national extraction, race, religion, political and religious opinion, social origin, membership or non-membership to a trade union and trade union activities of workers to determine, in particular, the advancement, promotion, remuneration and the granting of social advantages, do not apply to workers in the agricultural sector and the economic role of women in the world of work and requests the Government to provide any relevant information concerning the measures adopted to apply the Convention in this sector.

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

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. The Committee notes with interest that, in the context of the measures taken under the new Labour Code, a draft Decree respecting wages, intended to replace the Decree of 9 February 1973 on the same subject, is currently being examined by the Government. The Committee requests the Government to indicate in its next report the progress achieved in the adoption of the above Decree and to transmit a copy of it when it is adopted.

2. Noting that the report does not contain a reply to the third point of its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures that have been taken or are envisaged, with or without the technical assistance offered by the ILO, to follow up the draft study on the evaluation and classification of jobs referred to in its previous reports. It refers the Government in this respect to paragraphs 138 to 150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of evaluating jobs and their use for the application of the principles set out in the Convention. While awaiting the completion of the draft text and the implementation of its results, the Committee requests the Government to provide information on the criteria used in practice to determine wage rates above the minimum legal wage, taking into account the principle of equal remuneration for work of equal value.

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

1. The Committee notes with interest that, in the context of the measures taken under the new Labour Code, a draft Decree respecting wages, intended to replace the Decree of 9 February 1973 on the same subject, is currently being examined by the Government. The Committee requests the Government to indicate in its next report the progress achieved in the adoption of the above Decree and to transmit a copy of it when it is adopted.

2. Noting that the report does not contain a reply to the third point of its previous direct request, the Committee once again requests the Government to provide information in its next report on the measures that have been taken or are envisaged, with or without the technical assistance offered by the ILO, to follow up the draft study on the evaluation and classification of jobs referred to in its previous reports. It refers the Government in this respect to paragraphs 138 to 150 of its 1986 General Survey on equal remuneration, in which it explains the various methods of evaluating jobs and their use for the application of the principles set out in the Convention. While awaiting the completion of the draft text and the implementation of its results, the Committee requests the Government to provide information on the criteria used in practice to determine wage rates above the minimum legal wage, taking into account the principle of equal remuneration for work of equal value.

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

The Committee notes with satisfaction that a new Labour Code has been adopted and enacted by Act No. 95-15 of 12 January 1995 and that the lLO's comments concerning, among other matters, the amendment of section L-80 of the former Code and the inclusion in the new Code of a provision to guarantee equal remuneration for work of equal value for workers of both sexes, have been fully taken into consideration. The Committee is addressing a request directly to the Government concerning other points.

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

The Committee notes the information provided by the Government in its report in reply to its previous direct request.

1. The Committee notes the Government indication that there have not as yet been any major amendments to the national legislation affecting the Convention. It nevertheless notes with interest that the Labour Code is being revised and that the draft new Code, which was sent to the ILO for comments in 1993, guarantees, in section 31.2, equal remuneration for work of equal value for all workers, regardless, inter alia, of their sex. It hopes that the draft new Labour Code will be adopted shortly and that the Government will send a copy of the amended text as soon as possible.

2. Pending the adoption of the new Code, the Committee notes that the Government refers in its report to section L-80 of the Labour Code currently in force which provides that all workers, regardless of their origin, sex, age and status, shall receive equal pay for equal conditions of work, occupational skill and output. The Committee recalls that although evaluation criteria such as a worker's skill or output allow an objective assessment of the performance of different people engaged in work of a similar nature, they are not a sound enough basis for the application of the principle laid down in the Convention, particularly where men and women in practice perform work of a different nature but of equal value. Furthermore, the output criterion could lead to the creation of different wage groups on the basis of the average output of each sex. The Committee therefore asks the Government to indicate any measures taken or contemplated to give practical effect to the principle of equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value.

3. The Committee notes the Government's statement that it has not been possible to implement the project to conduct studies on the evaluation and classification of jobs referred to in its previous reports owing to lack of funds. It adds that it hopes to relaunch the project with ILO assistance. The Committee asks the Government in its next report to provide information on the steps taken to conduct these studies, possibly in cooperation with the ILO, and on the results obtained.

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

The Committee takes note of the information supplied by the Government in its report.

1. The Committee notes the Government's statement that, in certain cases, wages are paid partly in kind where the worker is a permanent employee and is not a native of the place where the job is located and is unable to obtain adequate accommodation for himself and his family by his own means. The Committee asks the Government to indicate whether employers must also make accommodation available for married women who are heads of family in the same circumstances.

2. The Committee notes with regret that the Government has not provided the information requested in its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request which are reproduced below:

(a) The Committee hopes that the Government will indicate in its next report whether the classification of workers in the various occupational categories set forth in the national regulations is established on the basis of an objective appraisal of jobs based on the work to be performed and, if so, the methods employed in this classification and the manner in which the principle of equal remuneration in the sense of the Convention is ensured in practice in cases where wages are higher than the minimum legal rates, particularly in branches of activity employing a high proportion of women workers.

(b) The Committee noted with interest in this connection that a project to train technicians in the evaluation and classification of jobs is under way with the participation of experts from the ILO. It hopes that the Government will not fail to indicate the action taken following this project and the criteria used in practice to determine the rates of wages that are higher than the minimum legal levels in the various enterprises (whether or not they are covered by the Inter-Occupational Collective Agreement), taking into account the principle of equal remuneration for work of equal value. The Committee again asks the Government to refer in this connection to paragraphs 138 to 150 of its General Survey of 1986 on equal remuneration.

(c) The Committee examined the various decrees respecting the remuneration scales of public officials, including teachers, copies of which were supplied by the Government. It again requests the Government to provide information on the way in which the principle of equal remuneration is applied to employees in the public industrial and commercial establishments covered by Decree No. 75-150 of 11 March 1975.

(d) The Committee also examined the decisions taken by the Classification Committee regarding the applications for reclassification to higher occupational categories made by two male workers. The Committee again requests the Government to indicate whether such applications have been made by women workers and, if so, to supply copies of the decisions reached in their cases.

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

With reference to its previous comments, the Committee notes the information supplied by the Government in its report and the documentation attached to the report.

1. In these comments, the Committee referred to section 80 of the Labour Code and section 44 of the Inter-Occupational Collective Agreement of 1977 (which is still in force, according to the Government) which require equal working conditions, occupational skills and output for the application of the principle of equal remuneration without distinction on grounds, inter alia, of sex. However, under the terms of the Convention, equal remuneration for men and women workers should be understood as being for work of equal value, which may not be of the same nature nor performed in the same conditions. The Committee therefore requested the Government to indicate how the application is ensured of the principle set out in the Convention, particularly where men and women in practice perform work of a different nature but of equal value.

The Government refers in its reply to section 44(2) of the Inter-Occupational Collective Agreement, which sets out that the wages of each worker are determined on the basis of his or her job. The Committee had already examined this agreement and noted that under its sections 47 and 48, and under Decree No. 67-73 of 9 February 1967, which is applicable to workers not covered by the above collective agreement, workers are classified by occupational category according to their jobs. It noted that the wages corresponding to each category of workers covered by the collective agreement are fixed and modified by a joint committee presided over by the Minister of Labour and composed of equal numbers of employers and workers from the trade union organisations concerned. For other workers, the minimum wages applicable to the various occupational categories are established by orders issued by the Minister of Labour after consultation with the Advisory Labour Committee.

The Committee therefore requested the Government to indicate: (a) whether the classification of workers in the various occupational categories referred to by the above texts is established on the basis of an objective appraisal of jobs on the basis of the work to be performed and, if so, the methods employed in this classification; and (b) how the application of the principle of equal remuneration in the sense of the Convention is ensured in practice in cases where wages are higher than the minimum legal rates, and particularly in branches of activity employing a high proportion of women workers.

The Government's report does not contain any reply on this subject, but it does indicate that a project to train technicians in the evaluation and classification of jobs is under way with the participation of experts from the ILO. The Committee notes this information with interest and hopes that the Government will not fail to indicate the action taken following this project and the criteria used in practice to determine the rates of wages that are higher than the minimum legal level in the various enterprises (whether or not they are covered by the Inter-Occupational Collective Agreement), taking into account the principle of equal remuneration for work of equal value. The Committee also requests the Government to refer in this connection to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration.

2. The Committee notes the Government's statement that the various emoluments (such as seniority bonuses, year-end bonuses, the so-called "shopping basket" bonuses and other allowances) which are not included in the definition of the term "wage", as set out in national regulations and the Inter-Occupational Collective Agreement, are awarded to those concerned without distinction on grounds of sex and that the employers' and workers' organisations consulted state that they have not received any complaint on this subject from women workers.

3. The Committee has also examined the various decrees respecting the remuneration scales of public officials, including teachers, copies of which were supplied by the Government, and it requests the Government also to supply information on the way in which the principle of equal remuneration is applied to employees in the public industrial and commercial establishments covered by Decree No. 75-150 of 11 March 1975.

4. The Committee has also examined the decisions taken by the classification committee regarding the applications for reclassification to higher occupational categories made by two male workers. The Committee requests the Government to indicate whether such applications have been made by women workers and, if so, to supply copies of the decisions reached in their cases.