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

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

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.