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

Equal Remuneration Convention, 1951 (No. 100) - Gabon (Ratification: 1961)

The Committee notes the information supplied by the Government in its report.

1. The Committee has noted on several occasions that, according to the Government's statements, a study was to be undertaken to enable the Government to verify the extent to which section 84 of the Labour Code and clause 45 of the Basic Clauses of Collective Agreements, dated 6 February 1982, which guarantee equal remuneration for work of equal value, are actually applied in practice. Noting that the Government still intends to undertake this study, the Commmittee hopes that it will be in a position to indicate in its next report that the study has been carried out, and that it will transmit the results to the Committee.

2. In its previous comments, the Committee referred to clause 46 of the Basic Clauses of Collective Agreements, by virtue of which the accumulation of seniority for calculating the seniority bonus is suspended during absences, except for paid leave or exceptional leave. It requested the Government to indicate whether absences on maternity leave are also taken into account in the calculation of the seniority bonus. The Committee notes the Government's reply to the effect that, in accordance with section 117 of the Labour Code, the interruption of employment in question is considered to be leave and not a suspension of the employment contract. It must, therefore, be considered a period of activity, giving the woman concerned entitlement, under section 118 of the Labour Code, "to the full wages that she was receiving on the suspension of her employment; the cost of these benefits shall be covered by the National Social Security Fund" rather than by the employer, since these wages form part of the benefits provided by the above Fund.

The Committee also notes the statement by the Gabon Employers' Confederation to the effect that maternity leave does not interrupt seniority and that this principle could be explicitly included in the Labour Code. The Committee notes the Government's statement that if, after consultation with the occupational organisations of employers and workers, it was found necessary to set this principle out in the Labour Code, the Government would then study the question within the context of the overall revision of the Labour Code that is under way.

The Committee requests the Government to supply information on any measure that has been taken or is envisaged to set out clearly, in the context of the overall revision of the Labour Code or by other means, the principle that maternity leave does not interrupt seniority.

3. The Committee notes the Government's statement that the Basic Clauses of Collective Agreements is not a text with the force of law between the parties, but serves as a framework for sectoral agreements, which take up its clauses and supplement them if necessary. In this way, clause A.16.2 of the Common Clauses is taken up in all existing sectoral agreements and the occupational classification set out therein applies to the sector concerned. The Committee also notes the annex to the collective agreement for the lumber, saw mill and veneering industries of Gabon concerning the occupational classification, and the information supplied by the Government and the Gabon Employers' Confederation on this subject. It requests the Government to supply copies of the annexes to agreements covering other sectors and copies of the wage tables applicable to each category.

4. In its previous comments, the Committee noted that under section 7 of the Labour Code (Act No. 5/78 of 1 June 1978), the State guarantees equal wages for the same work or for work of equal value, without discrimination based, inter alia, on sex. In section 84 of the same Act, it is specified that given equal conditions as regards work, skill and output, the same wages are payable to all workers irrespective of their sex. A similar provision is included in clause 45(2) of the Basic Clauses of Collective Agreements. The Committee referred in this connection to the explanations contained in paragraphs 19 to 21 and 44 to 65 of its 1986 General Survey on Equal Remuneration. It noted that, although evaluation criteria such as the skill and output of a worker may form the basis of an objective appraisal of the performance of different persons carrying out work of a similar nature, they are insufficient for the application of the principles set forth in the Convention, particularly when men and women in practice perform work of a different nature but of equal value.

The Committee notes the Government's statement in its report that it agrees that the criterion of output does not provide a sufficient basis for the application of the principle set forth in the Convention, but that this criterion is important for the employer who uses it as a reference, for example, when awarding bonuses to workers. The Committee also notes, from the information supplied by the Gabon Employers' Confederation concerning the remuneration differences between the sexes, that all collective agreements link wages to job classifications and that the criteria for classification are well defined in the annexes to agreements, and that consequently, at least in the formal sector, women cannot be under-classified and therefore under-paid. The Committee recalls that only work of the same kind can be measured comparatively by the standards of quantity and quality, which are in fact corollaries of the performance criteria of output and skill. It once again requests the Government to supply information on the application in practice of the principle set forth in the Convention where men and women perform work of a different nature but of equal value.

5. The Committee requests the Government to supply the information requested concerning the effect given to the Convention in practice under point V of the report form adopted by the Governing Body.