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

Equal Remuneration Convention, 1951 (No. 100) - Comoros (Ratification: 1978)

In its previous comments the Committee took note of observations from the Confederation of Workers of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is far from being respected because there is no wage scale or indicator to which employers might refer. It noted that, according to the CTC, the Convention is applied only in the public sector. The CTC also pointed out that the draft Decree on the guaranteed interoccupational minimum wage (SMIG), in the process of being adopted for six years, had still not been passed and that given the social and economic situation in the country, it was no longer valid and needed to be updated. The Committee invited the Government to send comments in reply to the CTC’s observations. The Committee notes that the Government’s report has not been received, but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Workers excluded from the scope of the Labour Code The Committee notes that according to section 1 of the Labour Code “persons appointed to a permanent post in a government department” are excluded from the scope of the Code and hence from the benefit of section 104, which provides for equal remuneration for work of equal value. Recalling that the Convention applies to all workers, the Committee asks the Government to indicate how it is ensured that the principle of equal remuneration for men and women for work of equal value established in the Convention is applied to workers who are excluded from the scope of the new Labour Code.

Application of the principle of equal remuneration for men and women for work of equal value. Legislation. Referring to its observation, the Committee notes that, unlike section 92(7) of the Labour Code, section 104, which lays down the principle of equal remuneration for work of equal value, lacks an express reference to the remuneration of men and women and so does not establish clearly what needs to be compared, that is, jobs done mainly by men with jobs done mainly by women. The Committee asks the Government to explain how section 104 of the Labour Code is applied in such a way as to implement the principle of equal remuneration for men and women for work of equal value and what comparisons are foreseen. Please provide information on any measures taken in this regard.

Objective job evaluation. In order to facilitate application of the principle of equal remuneration between men and women for work of equal value and to ascertain whether or not jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria.

Minimum wage. In its previous comments the Committee noted that the draft Decree on the SMIG had still not been adopted and that, according to the Comoros Employers’ Organization (OPACO), the body that concluded the agreement on the minimum wage, namely the Higher Council for Labour and Employment (CSTE), had not been convened and was therefore unable to relaunch the process to adopt the Decree. The Committee asks the Government to report on the status of the process to adopt the Decree on the SMIG, specifying the role of the CSTE. Please also provide a copy of the Decree as soon as it has been adopted, together with information on the measures taken to ensure that the SMIG is strictly applied as established.

Public sector. In its previous comments the Committee noted that the statistical information provided by the Government on the numbers of men and women working in public service categories A, B and C in the General Treasury Department, did not allow an assessment of how far the Convention is applied in the public sector. It also noted that, according to OPACO, there are no statistics on pay for men and women in the public sector or on the distribution of men and women in the various categories of public-sector jobs and posts. The Committee took note of the Government’s reply referring OPACO to its report. The Committee again encourages the Government to take the necessary steps to have such data compiled so as to allow an analysis of the posts and remuneration of men and women in the public sector, including any other benefits, with a view to determining whether there are remuneration gaps and, if so, taking the necessary steps to eliminate them.