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

Equal Remuneration Convention, 1951 (No. 100) - Yemen (Ratification: 1976)

1. The Committee notes the information supplied by the Government in reply to its previous comments and notes its statement to the effect that, in addition to the national Constitution, the Labour Code and the National Pact, no other detailed texts have been adopted with the specific objective of applying the principle of equal remuneration but that, in practice, the application of this principle does not give rise to problems since wages are determined in both the public and private sectors in an equivalent manner for workers of both sexes. The Government adds that no complaint has been made on this subject and that labour inspectors have not reported discrimination concerning the remuneration of men and women performing the same work. The Committee recalls that under the terms of the Convention, the principle of equal remuneration for men and women workers covers work of equal value and that consequently this work may not be of the same nature, performed under the same conditions or in the same enterprise. Please refer in this connection to the explanations provided in paragraphs 20 to 23 and 52 to 70 of the 1986 General Survey on Equal Remuneration. The Convention also provides, in Article 3, paragraph 1, that measures should be taken to promote the objective appraisal of jobs on the basis of the work to be performed where such action will assist in giving effect to the provisions of the Convention. Furthermore, as set out in the General Survey (paragraphs 138 to 149), the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such a technique is moreover essential in determining whether jobs involving different work may none the less have the same value for the purposes of remuneration. The Committee therefore requests the Government to supply details on the methods used to ensure that effect is given in practice to the principle of equal remuneration in the sense of the Convention, and not only in the case of minimum wages, but also as regards wages which are higher than the minimum legal rate. Please supply, where appropriate, copies of some of the collective agreements applicable in sectors employing a large proportion of women.

2. The Committee notes the Government's indication to the effect that the increase in women workers in the agricultural sector is the result of the progressive exodus of men from working on the land. The Government adds that the family nature of farms excludes any remuneration and that, as a result, it has not been necessary to take any measures to promote and control the application of the principle of equal remuneration in this sector. The Committee hopes that the Government will ensure that the principle set forth in the Convention is applied in practice for men and women workers in the agricultural sector who have the status of employees, and that it will keep the Committee informed of any developments in this connection.

3. The Committee once again requests the Government to indicate whether the tripartite committee for fixing wages which is responsible, under the terms of section 85(1) of the Labour Code, for fixing the minimum wage of manual and non-manual workers, has been set up and, if so, to provide details of its activities.

4. The Committee notes from the Government's report that Act No. 49 of 1977 respecting state employees has been amended by Act No. 1 of 1988 respecting state employees and the public and mixed sectors. It requests the Government to supply a copy of this Act with its next report.