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

Equal Remuneration Convention, 1951 (No. 100) - Congo (Ratification: 1999)

The Committee notes with deep concern that the Government’s report, due since 2018, has not been received. In light of its urgent appeal launched to the Government in 2021, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been drawing the Government’s attention to the need to amend sections 56(7) and 80(1) of the Labour Code, which limit the application of the principle of equal remuneration to "equal work” (section 56(7)) or "equal working conditions, qualifications and output” (section 80(1)), and do not fully reflect the concept of "work of equal value” set out in the Convention. It previously noted the Government’s repeated statement that amendments of sections 56(7) and 80(1) of the Labour Code were foreseen and requested the Government to take the necessary steps to ensure that the principle set out in the Convention was incorporated in the Labour Code. The Committee notes that a preliminary draft Labour Code is being prepared and was transmitted to the ILO in February 2022. It also notes, from the information available on the website of the Ministry of Public Service, Labour and Social Security, that it is expected that this preliminary draft Labour Code would be soon submitted to the National Consultative Labour Commission for its prior opinion, before being sent to the General Secretariat of the Government for its approval. The Committee notes that section 20 of the preliminary draft Labour Code provides that “no clause of an employment contract may reserve the benefit of a measure to a worker in consideration of his or her sex, nor unequal remuneration for the same work or work of equal value”. The Committee welcomes the explicit reference made to the concept of “work of equal value” in the preliminary draft Labour Code. It observes, however, that section 20, which refers to “same work or work of equal value”, read together with sections 195(10) and 246 of the preliminary draft Labour Code, which only refer to “equal work” or “equal working conditions, qualifications and output”, may lead to a confusing and restrictive interpretation of the concept of “work of equal value”. The Committee recalls that this concept permits a broad scope of comparison that includes, but is not limited to, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It further recalls that comparing the relative value of jobs in occupations which may involve different types of skills, efforts, 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 the value of work performed by women and men (see the 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Recalling that, in its Decent Work Country Programme (DWCP) for 2018–22, the Government defines as a priority action to bring its labour legislation into line with international labour standards, the Committee requests the Government to: (i) take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, in particular by aligning sections 195(10) and 246 of the preliminary draft Labour Code with section 20 which provides for equal remuneration for the “same work or work of equal value”; and (ii) consider the possibility of including in the preliminary draft Labour Code an explicit reference to the use of appropriate techniques for objective job evaluation to determine the value of jobs, comparing factors such as skills and qualifications, effort, responsibilities and working conditions.

The Committee requests the Government to provide information on: (i) any progress made in that regard; (ii) any proactive measures taken to raise awareness of the principle of “equal remuneration for men and women for work of equal value” among workers, employers and their organizations, as well as among law enforcement officials; and (iii) the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

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