Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (RATIFICATION: 1969)

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Articles 2(2)(b) of the Convention. Wage policy. Minimum wage. With regard to its previous request concerning the criteria for the allocation of family allowances, the Committee notes that under section 2 of Ministerial Order No. 137/CAB/MINETAT/MTEPS/01/2018 of 8 November 2018, “where the father and mother of a child are covered by different schemes, family benefits shall be allocated under the most advantageous scheme”. As regards the wage policy which was due to be examined and updated by the tripartite committee, the Committee emphasizes that making equal pay for men and women an explicit objective of this policy helps to implement the principle of the Convention and reduce the gender pay gap. In the absence of more recent information on this point, the Committee once again requests the Government to provide information on:

• (i)the status of the adoption of the wage policy and on all measures taken to ensure that this policy takes account of the principle of the Convention;
• (ii)awareness-raising and training activities for the members of the tripartite committee and the National labour Council (CNT); and
• (iii)any adjustment of the minimum wage and its impact on reducing the gender pay gap.

Article 2(2)(c). Collective agreements. The Committee notes that none of the collective agreements that are reportedly attached have been received and that it is therefore not in a position to evaluate their content in terms of the application of the Convention. The Committee therefore once again requests the Government to provide extracts from collective agreements so that it can verify whether they contain clauses that refer explicitly to the principle of equal remuneration for men and women workers for work of equal value and to the principle of objective job evaluation in order to fix pay scales. In this regard, the Committee requests the Government to indicate the measures taken to ensure that functions and tasks considered to be “feminine” are not undervalued when setting rates of pay in the public and private sectors.

Article 3. Objective job evaluation. The Committee notes the Government’s indication, in the context of updating the general job classification, that it will take account of objective criteria, such as skill, effort, responsibilities and working conditions. The Committee requests the Government to provide information on the method and the criteria used for determining the new job classification.

Statistical information. In order to determine whether a gender pay gap exists, the Committee once again requests the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the participation of men and women in the labour market and their respective earnings, if possible by occupational categories and/or sectors of economic activity.

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Articles 1 and 2(2)(a) of the Convention. Equal remuneration for work of equal value. Definition of remuneration. Legislation. The Committee recalls that: (1) section 7.8 of the Labour Code provides a general definition of remuneration and excludes certain benefits from it (accommodation and accommodation allowances, transport allowances, “benefits granted exclusively to facilitate workers’ performance of their duties”, and so on); and (2) section 86 does not reflect the principle of equal remuneration for men and women for work of equal value since it limits wage equality to “equal conditions of work, qualifications and output”. The Government reiterates in its report that the exclusion of these benefits from remuneration enables workers to enjoy certain non-taxable emoluments, thereby improving their purchasing power, and that consequently no amendment of section 7.8 of the Labour Code is envisaged. As regards section 86 and the inclusion in the Labour Code of the principle of equal remuneration for men and women for work of equal value, the Committee notes that the Government does not provide any information in this regard. The Committee wishes to point out that, irrespective of the existence of a definition of “remuneration” for tax purposes as provided for in section 7.8, for the purposes of the application of the Convention the definition of the term “remuneration” must be expanded to apply not only to the ordinary, basic or minimum wage or salary but also to “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee therefore once again requests the Government to take the necessary measures to incorporate in the Labour Code: (i) the principle of equal remuneration for men and women for work of equal value; and (ii) a definition of “remuneration” in accordance with Article 1(a) of the Convention for the purposes of the application of this principle.

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

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Article 2(2)(b). Wage policy. Minimum wage. The Government had previously informed the Committee that the wage policy was due to be reviewed and updated by the tripartite committee. The Committee notes the Government’s indication that the wage policy has still not been adopted. However, it also notes that the adoption of Decree No. 18/017 of 22 May 2018 has raised the guaranteed inter-occupational minimum wage (SMIG), minimum family allowances and the accommodation allowance. In that connection, the Committee recalls that the setting of a minimum wage is an important means by which the Convention is applied, given that women are predominantly in low-paid jobs. The Committee requests the Government to provide detailed information on the criteria for the attribution of minimum family allowances and the accommodation allowance and on the impact of the raised SMIG, and of the above-mentioned allowances, on reducing the wage gap between men and women.

Article 2(2)(c). Collective agreements. In its previous comment, the Committee had requested the Government to provide it with a copy of the national inter-occupational collective labour agreement of 20 January 2013, as well as relevant extracts of other collective agreements likely to have an impact on the application of the principle of the Convention. The Government indicates in its report that the inter-occupational collective labour agreement in force dates from 2005, and undertakes shortly to send the Committee other collective agreements, such as those applicable in the banking, telecommunications and mining sectors. The Committee reminds the Government that it is important to consider collective agreements from the perspective of equal remuneration for men and women workers for work of equal value. It recalls in that connection the need to assess the determination and weighting of criteria applied to evaluate jobs and set wages, and to ensure that collective agreements do not contain discriminatory provisions, such as clauses limiting allowances and benefits provided to women (see 2012 General survey on the fundamental Conventions, paragraphs 705, 729 and 730). The Committee requests the Government to provide information on the measures taken to ensure that: (i) collective agreements do not contain discriminatory provisions; and (ii) when setting wage levels, the principle of the Convention is taken into account (for example, by including clauses referring explicitly to the principle of the Convention, or by taking measures to put in place objective job evaluations to fix wage scales, thereby making certain that tasks or functions considered to be “feminine” are not undervalued). Finally, the Committee again requests the Government to communicate extracts of collective agreements relating to the setting of levels of remuneration.

Article 3. Objective job evaluation. In its previous comments, the Committee had noted the Government’s indication that a draft general job classification was under consideration. It notes from the Government’s report that the 1967 classification remains in force, but that its modification is still envisaged. The Committee recalls once again that to guarantee application of the principle of equal remuneration for men and women workers for work of equal value, it is important to conduct an objective evaluation of jobs based on the tasks involved, using objective criteria such as skills, effort, responsibilities and working conditions. The Committee requests the Government to take measures to modify the general job classification on the basis of objective criteria, free of gender stereotypes (such as skills, effort, responsibilities and working conditions).

Statistical information. The Committee notes that the Government has not provided detailed statistics allowing an evaluation of the application of the Convention. It again requests the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the participation of men and women in the labour market and their respective earnings, by sector of economic activity and occupation.

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Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Definition of remuneration. Legislation. In its previous comment, the Committee noted with regret that section 86 of the Labour Code restricted application of the principle of equal remuneration to “conditions of work, qualifications and output”. The Committee also noted that section 7.8 of the Labour Code, which defines the concept of “remuneration”, excludes benefits to which the principle enshrined in the Convention applies. The Committee notes the Government’s indication that no steps have been taken to bring the legislation into conformity with the Convention, but that this question is to be addressed shortly. The Committee urgently requests the Government to take the necessary steps to revise the provisions of the Labour Code in order to ensure that the principle of equal remuneration for men and women for work of equal value is explicitly included in the Code and that it applies to all components of remuneration as defined in Article 1(a) of the Convention.

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

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Article 1(a) of the Convention. Remuneration. In its previous comments, the Committee asked the Government to ensure that section 9 of the draft decree establishing women’s conditions of work was amended to bring it into line with the Convention. The Committee recalls that this draft section 9 provided that, for the same work or work of equal value, remuneration for women’s hours of work or overtime would be the same as that of their male counterparts. The Committee notes that, according to the information provided by the Government, it no longer appears to be a question of amending, with regard to women, Decree No. 68/13 of 17 May 1968 establishing conditions of work for women and children. Consequently, the Committee notes that the point raised previously concerning remuneration is no longer relevant and refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with regard to special measures of protection for women.

Article 2(2)(b). Wage policy. The Committee notes the Government’s indication that the draft wage policy was due to be reviewed and updated by the tripartite committee during the second half of 2017. In the absence of more recent information on this point, the Committee requests the Government once again to take the necessary steps to ensure that equal remuneration for men and women for work of equal value is one of the explicit objectives of the new wage policy and encourages it to arrange awareness-raising and training activities for the members of the tripartite committee and the National Labour Council (CNT) in relation to both the principle of the Convention and objective evaluation methods for comparing jobs and establishing their relative value with a view to the application of that principle. The Committee also requests the Government to provide information on the progress of work concerning the adoption of the wage policy and on any steps taken to raise awareness of the principle of the Convention and to send a copy of this policy, once it has been adopted.

Article 2(2)(c). Collective agreements. The Committee notes that, contrary to what is indicated in the Government’s report, the copy of the national inter-occupational collective labour agreement of 20 January 2013 has not been sent with the report. Recalling the important role that can be played by collective agreements in the application of the principle of equal remuneration for men and women for work of equal value, the Committee once again requests the Government to send a copy of the national inter-occupational collective labour agreement of 20 January 2013 and also relevant extracts of other collective agreements relating to workers’ pay.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that a draft general job classification was due to be examined and updated during the second half of 2017. The Committee once again recalls that since women and men often do not hold the same jobs or perform the same tasks, there has to be an objective evaluation of jobs on the basis of the tasks they involve, using objective criteria such as skill, effort, responsibility and working conditions, in order to ensure the effective application of the principle of equal remuneration for men and women for work of equal value. In the absence of more recent information on this point, the Committee once again requests the Government to take the necessary steps to ensure that the general job classification is established on the basis of objective criteria, free of any gender stereotypes, and requests it to provide information on the method and criteria used in this regard. The Committee requests the Government to supply information on the progress of the draft general job classification and to send a copy of it, once it has been adopted by the CNT.

Statistical information. The Committee welcomes the fact that the Government has sent detailed statistics on the earnings of workers, by sector of activity. However, it notes that these statistics are not disaggregated by sex and consequently make it impossible to determine whether there is a gender pay gap. The Committee encourages the Government to take the necessary steps to collect and compile data, disaggregated by sex, on the participation of men and women in the labour market and their respective earnings, if possible by sector of economic activity and occupation.

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Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. Definition of remuneration. Legislation. For over 20 years, the Committee has been asking the Government to amend the Labour Code, in particular section 86 thereof, which provides for equal wages only for equal conditions of work, qualifications and output, in order to incorporate the principle of equal remuneration for men and women for work of equal value and to ensure that this principle applies to all components of remuneration as defined in Article 1(a) of the Convention. The Committee notes with regret that the Government has not taken the opportunity provided by the revision of the Labour Code in 2016 to bring it into line with the principle established by the Convention. The Committee wishes to recall that the full application of the Convention involves examining the issue of equality at two levels: first, at the level of the job (is the work of equal value?); and, second, at the level of the remuneration (is the pay received by women and men equal?). The concept of “work of equal value” is fundamental for enabling a broad scope of comparison between different jobs or types of work. It also enables a comparison not only of the same or similar work, but also of work done by women and men which is of an entirely different nature but nevertheless of equal value. Hence account can be taken of the fact that, in practice, certain jobs and occupations are held predominantly by women and others by men. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize without gender bias the value of work performed by women and men. For example, the principle of equal pay for men and women for work of equal value has been applied in some countries to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men).

As regards the definition of the term “remuneration” established in Article 1(a) of the Convention, the Committee recalls that section 7.8 of the Labour Code as amended in 2016, still excludes health care, housing and housing allowances, transport allowances, statutory family allowances, travel costs and “emoluments granted solely to assist workers in performing their duties”. The Committee notes the Government’s indication in its report that the purpose of excluding these elements from the definition of “remuneration” is to make them non-taxable and that this exclusion therefore benefits the workers. The Committee recalls that a broad definition of remuneration is necessary since if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured. Such additional components, which are often considerable and make up increasingly more of the overall earnings package, can give rise to inequalities in pay between men and women. The Committee considers that the non-taxation of the benefits referred to in section 7.8 is not incompatible with also ensuring that the definition of “remuneration” applies the principle of equal pay for men and women for work of equal value by including “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee requests the Government to take the necessary steps to revise the Labour Code in order to ensure that the principle of equal remuneration for men and women for work of equal value is explicitly included in it and that it applies to all components of remuneration as defined in Article 1(a) of the Convention. The Committee requests the Government to provide information on all measures taken in this regard.

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

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The Committee notes with regret that the Government’s report has not been received. Noting the adoption of Act No. 15/013 of 1 August 2015 on the rules for implementing women’s rights and gender parity, it hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(a) of the Convention. Remuneration. In its previous comments, the Committee asked the Government to ensure that section 9 of the draft decree establishing women’s conditions of work was revised to bring it into conformity with the Convention. The Committee recalls that section 9 provided that for the same work or work of equal value, the remuneration of the hours of work or overtime of women workers would be the same as that of their male counterparts. In the absence of any information from the Government on this matter, the Committee requests it to provide information on progress made towards the adoption of the decree establishing women’s conditions of work, and requests it to ensure that, in this context, the principle of equal remuneration for men and women applies not only to hours of work and overtime, but to all other emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, in accordance with Article 1(a) of the Convention.

Article 2(2)(b). Wage policy. The Committee notes that, according to the Government, the wage policy document is available and is to be examined by the tripartite preparatory committee prior to adoption by the National Labour Council (CNT). The Committee requests the Government to take the necessary steps to ensure that equal remuneration for men and women for work of equal value is expressly set as an objective of the new wage policy, and encourages it to arrange for members of the tripartite preparatory committee and the CNT to receive training on the principle of equal remuneration for men and women for work of equal value and objective job evaluation methods. Please provide information on any measures taken in this regard.

Article 2(2)(c). Collective agreements. The Committee again asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement, which, contrary to what was indicated in the report, was not appended to the report.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there is an updated draft of a general job classification which will be examined by the tripartite preparatory committee before the CNT meets to adopt it. The Committee points out in this connection that since women and men often do not hold the same jobs or carry on the same activities, it is important to conduct an objective evaluation of jobs based on the tasks involved, using objective criteria such as skills, effort, responsibilities and working conditions, to ensure that the principle of equal remuneration for men and women for work of equal value is applied effectively. The Committee requests the Government to take the necessary steps to ensure that the general job classification is established on the basis of objective criteria that are free from gender bias, and requests it to supply information on the method and criteria used for this purpose. Please provide a copy of the general job classification as soon as it has been adopted by the CNT.

Statistical information. In the absence of any information from the Government on this point, the Committee once again asks the Government to provide information on the earnings disaggregated by sex, economic sector and occupation.

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The Committee notes with regret that the Government’s report has not been received. Noting the adoption of Act No. 15/013 of 1 August 2015 on the rules for implementing women’s rights and gender parity, it hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. For several years the Committee has been asking the Government to bring the Labour Code into line with the Convention. It notes that, as in previous reports, the Government merely states that it takes due note of the Committee’s comments and will incorporate them into the legislation when the Labour Code is next revised, and that the principle is applied in practice. The Committee recalls that section 86 of the Labour Code which provides that for equal conditions of work, qualifications and output, wages are equal for all workers irrespective of origin, sex or age, is narrower than the principle set out in the Convention. Not only does section 86 fail to reflect the concept of “work of equal value” but it is not applicable to all the components of remuneration as defined in Article 1(a) of the Convention, since it appears to exclude all emoluments that are additional to the “wage” whether they are components of remuneration as defined in section 7(h) of the Labour Code (commissions, cost of living allowances, bonuses, etc.) or not (health care, accommodation and accommodation allowances, transport allowances, statutory family allowances, travel costs and “emoluments granted solely to assist workers in performing their duties”). The Committee therefore urges the Government to take the necessary steps to amend the Labour Code so that it expressly enshrines the principle of equal remuneration for men and women for work of equal value and applies to all the components of remuneration as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on measures taken to this end, and to specify when the next revision of the Labour Code is scheduled to take place.

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

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

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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(a) of the Convention. Remuneration. In its previous comments, the Committee asked the Government to ensure that section 9 of the draft decree establishing women’s conditions of work was revised to bring it into conformity with the Convention. The Committee recalls that section 9 provided that for the same work or work of equal value, the remuneration of the hours of work or overtime of women workers would be the same as that of their male counterparts. In the absence of any information from the Government on this matter, the Committee requests it to provide information on progress made towards the adoption of the decree establishing women’s conditions of work, and requests it to ensure that, in this context, the principle of equal remuneration for men and women applies not only to hours of work and overtime, but to all other emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, in accordance with Article 1(a) of the Convention.

Article 2(2)(b). Wage policy. The Committee notes that, according to the Government, the wage policy document is available and is to be examined by the tripartite preparatory committee prior to adoption by the National Labour Council (CNT). The Committee requests the Government to take the necessary steps to ensure that equal remuneration for men and women for work of equal value is expressly set as an objective of the new wage policy, and encourages it to arrange for members of the tripartite preparatory committee and the CNT to receive training on the principle of equal remuneration for men and women for work of equal value and objective job evaluation methods. Please provide information on any measures taken in this regard.

Article 2(2)(c). Collective agreements. The Committee again asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement, which, contrary to what was indicated in the report, was not appended to the report.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there is an updated draft of a general job classification which will be examined by the tripartite preparatory committee before the CNT meets to adopt it. The Committee points out in this connection that since women and men often do not hold the same jobs or carry on the same activities, it is important to conduct an objective evaluation of jobs based on the tasks involved, using objective criteria such as skills, effort, responsibilities and working conditions, to ensure that the principle of equal remuneration for men and women for work of equal value is applied effectively. The Committee requests the Government to take the necessary steps to ensure that the general job classification is established on the basis of objective criteria that are free from gender bias, and requests it to supply information on the method and criteria used for this purpose. Please provide a copy of the general job classification as soon as it has been adopted by the CNT.

Statistical information. In the absence of any information from the Government on this point, the Committee once again asks the Government to provide information on the earnings disaggregated by sex, economic sector and occupation.

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

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. For several years the Committee has been asking the Government to bring the Labour Code into line with the Convention. It notes that, as in previous reports, the Government merely states that it takes due note of the Committee’s comments and will incorporate them into the legislation when the Labour Code is next revised, and that the principle is applied in practice. The Committee recalls that section 86 of the Labour Code which provides that for equal conditions of work, qualifications and output, wages are equal for all workers irrespective of origin, sex or age, is narrower than the principle set out in the Convention. Not only does section 86 fail to reflect the concept of “work of equal value” but it is not applicable to all the components of remuneration as defined in Article 1(a) of the Convention, since it appears to exclude all emoluments that are additional to the “wage” whether they are components of remuneration as defined in section 7(h) of the Labour Code (commissions, cost of living allowances, bonuses, etc.) or not (health care, accommodation and accommodation allowances, transport allowances, statutory family allowances, travel costs and “emoluments granted solely to assist workers in performing their duties”). The Committee therefore urges the Government to take the necessary steps to amend the Labour Code so that it expressly enshrines the principle of equal remuneration for men and women for work of equal value and applies to all the components of remuneration as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on measures taken to this end, and to specify when the next revision of the Labour Code is scheduled to take place.

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

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

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Article 1(a) of the Convention. Remuneration. In its previous comments, the Committee asked the Government to ensure that section 9 of the draft decree establishing women’s conditions of work was revised to bring it into conformity with the Convention. The Committee recalls that section 9 provided that for the same work or work of equal value, the remuneration of the hours of work or overtime of women workers would be the same as that of their male counterparts. In the absence of any information from the Government on this matter, the Committee requests it to provide information on progress made towards the adoption of the decree establishing women’s conditions of work, and requests it to ensure that, in this context, the principle of equal remuneration for men and women applies not only to hours of work and overtime, but to all other emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, in accordance with Article 1(a) of the Convention.

Article 2(2)(b). Wage policy. The Committee notes that, according to the Government, the wage policy document is available and is to be examined by the tripartite preparatory committee prior to adoption by the National Labour Council (CNT). The Committee requests the Government to take the necessary steps to ensure that equal remuneration for men and women for work of equal value is expressly set as an objective of the new wage policy, and encourages it to arrange for members of the tripartite preparatory committee and the CNT to receive training on the principle of equal remuneration for men and women for work of equal value and objective job evaluation methods. Please provide information on any measures taken in this regard.

Article 2(2)(c). Collective agreements. The Committee again asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement, which, contrary to what was indicated in the report, was not appended to the report.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there is an updated draft of a general job classification which will be examined by the tripartite preparatory committee before the CNT meets to adopt it. The Committee points out in this connection that since women and men often do not hold the same jobs or carry on the same activities, it is important to conduct an objective evaluation of jobs based on the tasks involved, using objective criteria such as skills, effort, responsibilities and working conditions, to ensure that the principle of equal remuneration for men and women for work of equal value is applied effectively. The Committee requests the Government to take the necessary steps to ensure that the general job classification is established on the basis of objective criteria that are free from gender bias, and requests it to supply information on the method and criteria used for this purpose. Please provide a copy of the general job classification as soon as it has been adopted by the CNT.

Statistical information. In the absence of any information from the Government on this point, the Committee once again asks the Government to provide information on the earnings disaggregated by sex, economic sector and occupation.

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Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. For several years the Committee has been asking the Government to bring the Labour Code into line with the Convention. It notes that, as in previous reports, the Government merely states that it takes due note of the Committee’s comments and will incorporate them into the legislation when the Labour Code is next revised, and that the principle is applied in practice. The Committee recalls that section 86 of the Labour Code which provides that for equal conditions of work, qualifications and output, wages are equal for all workers irrespective of origin, sex or age, is narrower than the principle set out in the Convention. Not only does section 86 fail to reflect the concept of “work of equal value” but it is not applicable to all the components of remuneration as defined in Article 1(a) of the Convention, since it appears to exclude all emoluments that are additional to the “wage” whether they are components of remuneration as defined in section 7(h) of the Labour Code (commissions, cost of living allowances, bonuses, etc.) or not (health care, accommodation and accommodation allowances, transport allowances, statutory family allowances, travel costs and “emoluments granted solely to assist workers in performing their duties”). The Committee therefore urges the Government to take the necessary steps to amend the Labour Code so that it expressly enshrines the principle of equal remuneration for men and women for work of equal value and applies to all the components of remuneration as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on measures taken to this end, and to specify when the next revision of the Labour Code is scheduled to take place.

Family allowances. The Committee notes with interest the repeal of the Legislative Order No. 88-056 of 29 September 1988, which provided that a woman magistrate had no entitlement to family allowances if her spouse carried out an activity remunerated by the State entitling him to allowances amounting to not less than those of a magistrate. The Order has been replaced by Basic Act No. 06/20 of 10 October 2006 issuing the magistrates’ regulations, which provides that this restriction applies to all magistrates, both men and women, whose spouse carries on an activity remunerated by the Treasury, entitling him or her to allowances that are not less than those of a magistrate (section 25).

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

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

Repetition

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

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

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value and application of the principle to all aspects of remuneration. The Committee recalls that section 86 of the Labour Code, which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age, is not in conformity with the Convention, which requires measures to promote and ensure equal remuneration for men and women for work of equal value. It recalls its previous concerns that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138), and that the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses, etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. In this context, the Committee had drawn the Government’s attention to the Government’s obligation under the Convention to ensure that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), and that women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee notes the Government’s statement that it has taken due note of the Committee’s comments and will take them into consideration in the context of a future revision of the Labour Code. The Government also envisages defining a wage policy which takes account of all the elements of remuneration. Recalling its 2006 observation which calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention, the Committee once again asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. It hopes that this will be done in the very near future. The Committee also asks the Government to provide further details of the wage policy, which it hopes will cover all elements of remuneration.

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

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

CMNT_TITLE

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

Repetition

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

CMNT_TITLE

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value and application of the principle to all aspects of remuneration. The Committee recalls that section 86 of the Labour Code, which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age, is not in conformity with the Convention, which requires measures to promote and ensure equal remuneration for men and women for work of equal value. It recalls its previous concerns that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138), and that the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses, etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. In this context, the Committee had drawn the Government’s attention to the Government’s obligation under the Convention to ensure that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), and that women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee notes the Government’s statement that it has taken due note of the Committee’s comments and will take them into consideration in the context of a future revision of the Labour Code. The Government also envisages defining a wage policy which takes account of all the elements of remuneration. Recalling its 2006 observation which calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention, the Committee once again asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. It hopes that this will be done in the very near future. The Committee also asks the Government to provide further details of the wage policy, which it hopes will cover all elements of remuneration.

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

CMNT_TITLE

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

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

CMNT_TITLE

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

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. The Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses, etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

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

CMNT_TITLE

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:

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

CMNT_TITLE

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

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. Further to the above, the Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

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

CMNT_TITLE

Articles 1 and 2. Equal remuneration for work of equal value. The Committee previously noted that the Government has prepared a draft decree concerning the conditions of work for women, which includes a section stating that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be the same as their male counterparts (section 9). The Committee noted that such a provision, while incorporating the concept of work of equal value, would not appear sufficient to ensure that all aspects of remuneration have to be provided to men and women on an equal basis, because it is specifically limited to remuneration for “hours of work and supplementary hours”. The Committee asks the Government to ensure that article 9 of the draft decree is revised to bring it into line with the Convention, along with section 86 of the Labour Code.

Family allowances. The Committee recalls its previous comments concerning section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In this regard, the Committee suggested that married couples should be given the opportunity to choose which spouse will receive the benefit. Recalling that the Government indicated its intention to amend section 21(3), the Committee asks the Government to provide information on the progress made in this regard.

Article 2(b). Minimum wages. The Committee notes Decree No. 08/040 of 30 April 2008 fixing the inter-professional guaranteed minimum wage, the minimum family allowance, and accommodation allowance. The Decree established minimum wage rates according to levels of qualification. The Committee asks the Government to indicate whether the competent authorities have identified and addressed any cases of non-payment of these wage rates, and the extent to which these cases concerned women workers.

Article 2(c). Collective bargaining. The Committee asks the Government to provide a copy of the most recent National Interoccupational Collective Agreement (NICLA), for examination by the Committee.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the National Labour Council has not yet adopted a general job classification as provided for in section 90 of the Labour Code. The Committee asks the Government to provide information on any further progress made in this regard, and asks the Government to ensure that any future general job classification is established on the basis of objective criteria.

Statistical information. The Committee asks the Government to provide information on the earnings of men and women, as soon as such data are available.

CMNT_TITLE

Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning section 86 of the Labour Code which provides that with equal conditions of work, vocational qualifications and output, the salary is equal for all workers, irrespective of origin, sex or age. The Committee noted that this provision is not in conformity with the Convention which requires measures to promote and ensure equal remuneration for men and women for work of equal value. In accordance with the Convention, women and men should have the right to equal remuneration not only where they have the same working conditions, vocational qualifications and output, but also where they have different vocational qualifications and when they work in different working conditions, so long as the work performed is of equal value. The Committee draws the Government’s attention to its 2006 general observation which further elaborates on this matter and calls on States which have not yet done so to ensure that their legislation fully reflects the principle of the Convention.

Application of the principle to all aspects of remuneration. Further to the above, the Committee notes that section 86 provides for equality with respect to the “salary”, which is one of the elements of “remuneration” as defined in section 7(h) of the Labour Code. In addition, the term “remuneration” as defined in section 7(h) includes additional payments, such as commissions, payments in kind, bonuses etc., whereas it is provided that transport allowances, family allowances, accommodation and accommodation allowances and health care are not considered part of the remuneration. Section 138 of the Labour Code specifies that the right to accommodation and accommodation allowance also applies to women workers, and according to the Government this applies irrespective of marital status. Recalling that under the Convention it must be ensured that the principle of equal remuneration for men and women for work of equal value is applied to all aspects of remuneration, as broadly defined in Article 1(a), the Committee is concerned that the Labour Code currently provides for equality only in respect of the salary (section 86) and accommodation and accommodation allowances (section 138).

Based on the above, the Committee asks the Government to take the necessary steps to bring the legislation into line with the Convention with a view to ensuring that the principle of equal remuneration for men and women is fully reflected in the legislation and that it applies to all the elements of remuneration, as defined in Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this regard.

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

CMNT_TITLE

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(a) of the Convention. Definition of remuneration. Family allowances. The Committee notes that the Government submitted a draft law to the National Labour Council  in order to modify certain provisions of the Labour Code, including section 7(h) as discussed in the Committee’s previous comments. The Government indicates that despite its desire to see the elements identified by the Committee included in the Code’s definition of remuneration, the Labour Council’s reformulated draft provision continues to exclude family allowances and other benefits from the definition of remuneration. The Committee reminds the Government that the broad definition of remuneration under Article 1(a) covers all components of remuneration, whether direct or indirect, arising out of the employment relationship, including such things as family allowances and cost-of-living allowances. The Government is asked to indicate how the principle of equal remuneration is applied in practice to family allowances and how it ensures that these allowances are not paid in a manner that discriminates on the basis of sex.

2. The Committee recalls its previous suggestion to amend section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. The Government indicates that it intends to amend this provision and will provide a copy of the revised regulation to the Office. The Committee notes elsewhere, however, the Government’s statement that in the context of the National Interoccupational Collective Labour Agreement (NICLA) while single women have the right to receive family allowances, a married woman worker cannot claim family allowances unless her husband is unemployed or legally incapacitated. In light of the Government’s declared intention to amend section 21(3) of Legislative Ordinance No. 88-056 and the Committee’s previous suggestion that married couples should be given the opportunity to choose which spouse will receive the benefit, the Committee asks the Government how it intends to ensure that, in the context of the NICLA, married women workers are not discriminated against on the basis of their marital status in the determination of a worker’s eligibility to receive family allowances. The Committee looks forward to receiving a copy of the amended Legislative Ordinance No. 88-056.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to “equal conditions of work, vocational qualifications and output”. It notes the Government’s statement that equal remuneration is guaranteed between men and women workers where the work is of a different nature but of equal value, to the extent that they are in the same professional category. It further notes that the Ministry of Labour and Social Services obtained the National Labour Council’s approval for a draft decree fixing the conditions of work for women including an article which states that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be equal to their male counterparts (article 9). The Committee reminds the Government that discrimination in remuneration may arise out of the existence of occupational categories and jobs that are in practice reserved for women. For this reason, the principle of equal remuneration for work of equal value extends beyond a comparison between male and female workers in the same professional category to include workers in different occupations and sectors of the economy. Furthermore, article 9 of the draft decree, although incorporating the notion of work of equal value, nonetheless limits the principle of equal remuneration to hours worked or supplementary hours. The Committee emphasizes that under the Convention, remuneration includes not only the basic salary and overtime, but any other compensation arising out of a worker’s employment. The Committee encourages the Government, therefore, to consider amending section 86 of the Labour Code along with article 9 of the draft decree to bring them into conformity with Article 1 of the Convention. It also asks the Government to supply information on the manner in which it promotes and ensures in practice the principle of equal remuneration for men and women for work of equal value. Please also forward a copy of the Ministry of Labour and Social Services’ draft decree.

4. Article 3. The Committee has been asking the Government for several years now for information on the general occupational classification, covering the public and private sectors. In this respect, it notes the submission by the Congo Trade Union Confederation indicating that the National Labour Council at its 29th Session adopted a professional classification ranging from general labourers to managing executives. It notes from the Government’s report, however, that this classification, as anticipated by section 90 of the Labour Code, has not in fact been adopted by the National Labour Council. The Committee once again draws the Government’s attention to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138–152 of its General Survey. In this context, the Committee asks the Government to clarify the situation with regard to the adoption of a general occupational classification scheme for the public and private sectors, and how, in the absence of this scheme, the Government promotes and ensures the objective comparison of jobs for the purposes of equal remuneration.

5. Part V of the report form. Statistics. The Committee recalls that section 204 of the Labour Code established the National Employment Office (NEO), which will be responsible for collecting and analysing statistical data. Having noted that the Government is experiencing problems in this area, the Committee again expresses its appreciation regarding the request for technical assistance from the Office and hopes such assistance will be provided. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

CMNT_TITLE

1. Article 1(a) of the Convention. Definition of remuneration. Family allowances. The Committee notes that the Government submitted a draft law to the National Labour Council  in order to modify certain provisions of the Labour Code, including section 7(h) as discussed in the Committee’s previous comments. The Government indicates that despite its desire to see the elements identified by the Committee included in the Code’s definition of remuneration, the Labour Council’s reformulated draft provision continues to exclude family allowances and other benefits from the definition of remuneration. The Committee reminds the Government that the broad definition of remuneration under Article 1(a) covers all components of remuneration, whether direct or indirect, arising out of the employment relationship, including such things as family allowances and cost-of-living allowances. The Government is asked to indicate how the principle of equal remuneration is applied in practice to family allowances and how it ensures that these allowances are not paid in a manner that discriminates on the basis of sex.

2. The Committee recalls its previous suggestion to amend section 21(3) of Legislative Ordinance No. 88-056 under which a female magistrate is not entitled to family allowances if her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. The Government indicates that it intends to amend this provision and will provide a copy of the revised regulation to the Office. The Committee notes elsewhere, however, the Government’s statement that in the context of the National Interoccupational Collective Labour Agreement (NICLA)  while single women have the right to receive family allowances, a married woman worker cannot claim family allowances unless her husband is unemployed or legally incapacitated. In light of the Government’s declared intention to amend section 21(3) of Legislative Ordinance No. 88-056 and the Committee’s previous suggestion that married couples should be given the opportunity to choose which spouse will receive the benefit, the Committee asks the Government how it intends to ensure that, in the context of the NICLA, married women workers are not discriminated against on the basis of their marital status in the determination of a worker’s eligibility to receive family allowances. The Committee looks forward to receiving a copy of the amended Legislative Ordinance No. 88-056.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to “equal conditions of work, vocational qualifications and output”. It notes the Government’s statement that equal remuneration is guaranteed between men and women workers where the work is of a different nature but of equal value, to the extent that they are in the same professional category. It further notes that the Ministry of Labour and Social Services obtained the National Labour Council’s approval for a draft decree fixing the conditions of work for women including an article which states that for the same work or work of equal value, remuneration for hours of work or supplementary hours for women workers shall be equal to their male counterparts (article 9). The Committee reminds the Government that discrimination in remuneration may arise out of the existence of occupational categories and jobs that are in practice reserved for women. For this reason, the principle of equal remuneration for work of equal value extends beyond a comparison between male and female workers in the same professional category to include workers in different occupations and sectors of the economy. Furthermore, article 9 of the draft decree, although incorporating the notion of work of equal value, nonetheless limits the principle of equal remuneration to hours worked or supplementary hours. The Committee emphasizes that under the Convention, remuneration includes not only the basic salary and overtime, but any other compensation arising out of a worker’s employment. The Committee encourages the Government, therefore, to consider amending section 86 of the Labour Code along with article 9 of the draft decree to bring them into conformity with Article 1 of the Convention. It also asks the Government to supply information on the manner in which it promotes and ensures in practice the principle of equal remuneration for men and women for work of equal value. Please also forward a copy of the Ministry of Labour and Social Services’ draft decree.

4. Article 3. The Committee has been asking the Government for several years now for information on the general occupational classification, covering the public and private sectors. In this respect, it notes the submission by the Congo Trade Union Confederation indicating that the National Labour Council at its 29th Session adopted a professional classification ranging from general labourers to managing executives. It notes from the Government’s report, however, that this classification, as anticipated by section 90 of the Labour Code, has not in fact been adopted by the National Labour Council. The Committee once again draws the Government’s attention to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138–152 of its General Survey. In this context, the Committee asks the Government to clarify the situation with regard to the adoption of a general occupational classification scheme for the public and private sectors, and how, in the absence of this scheme, the Government promotes and ensures the objective comparison of jobs for the purposes of equal remuneration.

5. Part V of the report form. Statistics. The Committee recalls that section 204 of the Labour Code established the National Employment Office (NEO), which will be responsible for collecting and analysing statistical data. Having noted that the Government is experiencing problems in this area, the Committee again expresses its appreciation regarding the request for technical assistance from the Office and hopes such assistance will be provided. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

CMNT_TITLE

The Committee notes the communication by the Confederation of Trade Unions of Congo, received 14 September 2005, which has been sent to the Government.

1. The Committee notes that the draft Constitution of the Democratic Republic of the Congo was adopted by the National Assembly in May 2005 and will be subject to referendum in December 2005. It notes with interest article 14, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection and promotion of their rights". The Committee looks forward to receiving a copy of the Constitution, once it has been adopted.

2. Article 1(a) of the Convention. Definition of remuneration. With regard to its previous comments, the Committee notes that the revised Labour Code (Act No. 15/2002 of 16 October 2002) in section 7(h) continues to exclude family allowances and other benefits from the definition of remuneration. In this regard, the Committee reiterates that the broad definition of remuneration contained in Article 1(a) of the Convention, which provides that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, also covers family allowances. The Committee asks the Government to provide information, in its next report, indicating that the principle of equal remuneration is in practice applied to family allowances and other benefits and that these allowances are not paid in a manner that discriminates on the basis of sex.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to "equal conditions of work, vocational qualifications and output". The Committee must point out that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee asks the Government to provide information on the measures taken or envisaged to bring about equal remuneration in practice, between men and women, particularly where their work is different but nevertheless of equal value. In addition, the Committee encourages the Government to consider amending section 86 in order to bring it into conformity with Article 1(b) of the Convention.

4. Part V of the report form. Statistics. The Committee further notes that the Labour Code, in section 204, provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee had expressed its appreciation regarding the request for technical assistance from the Office. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

5. Further, 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, in relevant parts, as follows:

[…]

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

[…]

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

CMNT_TITLE

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 the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

CMNT_TITLE

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 the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

CMNT_TITLE

1. The Committee notes with interest the draft Constitution of the Democratic Republic of the Congo, particularly article 49, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection of their rights". The Committee would be grateful if in its next report the Government would provide information on the current status of the draft Constitution and would send a copy of it once it has been adopted.

2. In its previous comments on articles 21, 27 and 37 of the new national interoccupational collective labour agreement of 1995, the Committee asked the Government to provide information on the application of the principle of equal remuneration to statutory family allowances and other benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. The Committee also asked the Government to report on any measures taken or envisaged to bring section 4(h) into conformity with Article 1(a) of the Convention when the Labour Code was next revised. While noting the Government’s reply that these two matters were submitted to the 29th session of the National Labour Council, the Committee notes that the Government has not sent any specific reply to the comments. It further notes that new section 4(h) of the draft revised Labour Code continues to exclude these allowances and benefits from the definition of remuneration. Consequently, the Committee requests the Government once again to provide details of the application of the principle of equality of remuneration to the allowances and benefits excluded from the definition of remuneration by section 4(h) of the Labour Code. It also hopes that section 4(h) will be amended so as to give full effect to the Convention.

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

4. The Committee notes from the Government’s report that the new draft of the Labour Code advocates that every enterprise should use a classification for all junior positions from workers to managerial staff (section 80). According to the Government, at its 29th session the National Labour Council concluded that with the adoption of this new provision, discrimination between men and women would no longer be possible in that wages are to be paid according to occupational category and not output. The Committee notes, however, that section 76 (former section 72) of the draft Labour Code continues to refer to "equal conditions of work, vocational qualifications and output". It also draws the Government’s attention to the fact that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee would therefore be grateful if the Government would indicate that, in revising the Labour Code it intends to amend the provisions of section 76 in order to bring them into conformity with Article 2 of the Convention. Please also provide information on the measures taken or envisaged to bring about equal remuneration, in practice, between male workers and female workers, particularly where their work is different but of equal value.

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.

6. The Committee notes the Government’s statement that the draft revised Labour Code provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee appreciates the request for technical assistance from the Office, and hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and of women.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received for several years. 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, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker’s employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government’s previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government’s attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application 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. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers’ and workers’ organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

CMNT_TITLE

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

1.  The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker’s employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government’s previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2.  Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government’s attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application 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. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3.  Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers’ and workers’ organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4.  While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers’ and workers’ organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

CMNT_TITLE

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, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application 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. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

CMNT_TITLE

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

The Committee notes the information contained in the Government's reports.

1. The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application 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. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

CMNT_TITLE

The Committee notes the information contained in the Government's reports.

1. The Committee notes with interest that, further to its previous comments, the new National Inter-Occupational Collective Labour Agreement, adopted in September 1995, no longer includes clause 30 of the National Inter-Occupational Collective Agreement of 1980, which provided that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits contained in the collective agreement. However, in view of the fact that clause 37 of the collective agreement only guarantees to women the same employment rights as men where they are in conformity with the legislative provisions and regulations, and that clause 21 provides that remuneration includes forms of compensation and bonuses other than those referred to in section 4(h) of the Labour Code of 1967, in particular extra-statutory family allowances (section 27), the Committee asks the Government to provide information on the application of the principle of equal remuneration to statutory family allowances, health care, travel expenses and other benefits accorded exclusively with a view to facilitating the discharge by workers of their functions, since all these elements are excluded from the definition of remuneration contained in section 4(h) of the Labour Code. Furthermore, with reference to paragraphs 14 to 17 of its 1986 General Survey on equal remuneration, in which it states that the term "remuneration" also includes family allowances and other indirect benefits "arising out of the worker's employment", such as allowances paid under social security schemes financed by the undertaking or industry concerned, the Committee requests the Government to provide information on the measures which have been taken or are envisaged during the current revision of the Labour Code so that, according to the Government's previous statements, section 4(h) is brought into conformity with Article 1(a) of the Convention.

2. Noting also that section 72 of the Labour Code refers to "equal conditions of work, vocational qualifications and output", the Committee would be grateful if the Government would provide information on the measures that have been taken or are envisaged to bring this provision into conformity with Article 2 of the Convention and to achieve in practice equal remuneration for men and women workers, particularly where their work is of a different nature but of equal value. In this respect, the Committee draws the Government's attention to paragraphs 44 to 78 of its General Survey in which it explains that, although criteria such as skill and output provide a basis for an objective appraisal of the performance of various persons performing work of a similar nature, they do not provide a sufficient basis for the application 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. Furthermore, the criterion of output may lead to the emergence of different wage groups as a function of the average output of each sex.

3. Noting that clause 2(3) of the new National Collective Labour Agreement provides for the determination of wage scales by national, regional or enterprise collective agreements, the Committee once again draws the attention of the Government and of employers' and workers' organizations to the value of establishing systems for the objective appraisal of jobs in order to compare the value of the work performed, as recommended by Article 3 of the Convention and paragraphs 138 to 152 of its General Survey. The Committee once again hopes that the Government will be in a position to provide detailed information on any system for the appraisal of jobs adopted in the public and private sectors. In particular, it looks forward with interest to receiving a copy of the new general classification of jobs adopted by the National Labour Council, but which, according to the report, has not yet been approved by a legal text.

4. While noting that, in the current situation in Zaire, it is impossible to develop wage scales or compile statistics on wages, the Committee once again hopes that in the near future the Government will be in a position, with the cooperation of employers' and workers' organizations and any other appropriate body, to compile and analyse statistics on minimum wage rates and the average real earnings of men and women with a view to obtaining more detailed knowledge of the nature and scope of current wage inequalities and the measures for their elimination, as recommended in paragraph 248 of its General Survey of 1986. The ILO is prepared to consider any request for technical assistance made by the Government with a view to facilitating the application of the Convention.

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The Committee notes with regret that, for the third 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 its previous direct request, which read as follows:

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

CMNT_TITLE

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. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

CMNT_TITLE

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 the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement repeated from previous reports, that in order to avoid the accumulation of certain benefits (family allowances, housing benefits), section 30 of the National Interoccupational Collective Labour Agreement (as amended in September 1980) provides that only unmarried women or women whose husbands are engaged in no known employment are entitled to all the benefits envisaged. The Government none the less adds that the accumulation principle has been omitted from the drafts of the revised Labour Code and that, accordingly, where both spouses work they are entitled, individually, to all the benefits due under the employment contract. The Committee once again asks the Government to provide information on any amendments to section 30 of the above Collective Labour Agreement which have been adopted or are under consideration, and on the progress made in the reform of the Labour Code announced in its 1987 report, and to provide a copy of the new Labour Code as soon as it is adopted.

2. The Committee notes from the Government's report that the general classification of occupations recommended by the National Labour Council and the Supreme National Conference as part of the plan for a coherent wages policy for the country, should apply to both the public and private sectors. The Committee notes that the National Labour Council was to address this matter at a forthcoming meeting, and asks the Government once again to report on progress in the preparation of a general classification of occupations and to provide a copy of it as soon as it is adopted.

3. The Committee notes that pending the above-mentioned meeting of the National Labour Council, the Government issued, on 20 October 1992, a provisional wage scale for public servants with a grid ("tension salariale") of from 1 to 10 points. It asks the Government to provide a copy of the provisional wage scale and to inform it when it is replaced by the above-mentioned general classification. It would also be grateful if, in its next report, the Government would indicate the percentage of men and women employed at the different levels of the public service.

4. The Committee asks the Government to provide recent statistical data in its next report concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications.

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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:

With reference to its previous comments, the Committee notes the information supplied by the Government in its report (which was received too late to be examined at its previous session).

1. The Committee notes with interest the Government's statement that the draft revised Labour Code excludes the accumulation of benefits and provides that, when both spouses work, they shall receive all the benefits provided under the terms of the employment contract, and that these benefits shall be paid according to the joint choice of the interested parties, or according to any specific provisions set out in collective agreements. The Committee requests the Government to supply information on any amendment that has been made or is envisaged to section 30 of the National Inter-occupational Collective Labour Agreement (in its amended version of 22 September 1980), to bring it into line with the draft revised Code and to supply the text of the revised Code once it has been adopted.

2. The Committee notes the Government's statement that it has recommended, in the context of setting out a national employment and wages policy, the preparation of a general classification of jobs including all types of employment from manual workers to executive directors, in order to establish a hierarchy of jobs that will create a basis for a just wage structure. The Committee requests the Government to continue supplying information on the progress achieved in the preparation of a general classification of jobs and to state whether this will apply to both the public and the private sectors.

3. The Committee once again requests the Government to supply information on the inspection visits carried out, cases of non-observance of the principle set forth in the Convention reported by labour inspectors and the measures that have been adopted to correct such situations.

CMNT_TITLE

With reference to its previous comments, the Committee notes the information supplied by the Government in its report (which was received too late to be examined at its previous session).

1. The Committee notes with interest the Government's statement that the draft revised Labour Code excludes the accumulation of benefits and provides that, when both spouses work, they shall receive all the benefits provided under the terms of the employment contract, and that these benefits shall be paid according to the joint choice of the interested parties, or according to any specific provisions set out in collective agreements. The Committee requests the Government to supply information on any amendment that has been made or is envisaged to section 30 of the National Inter-occupational Collective Labour Agreement (in its amended version of 22 September 1980), to bring it into line with the draft revised Code and to supply the text of the revised Code once it has been adopted.

2. The Committee notes the Government's statement that it has recommended, in the context of setting out a national employment and wages policy, the preparation of a general classification of jobs including all types of employment from manual workers to executive directors, in order to establish a hierarchy of jobs that will create a basis for a just wage structure. The Committee requests the Government to continue supplying information on the progress achieved in the preparation of a general classification of jobs and to state whether this will apply to both the public and the private sectors.

3. The Committee once again requests the Government to supply information on the inspection visits carried out, cases of non-observance of the principle set forth in the Convention reported by labour inspectors and the measures that have been adopted to correct such situations.