Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Equal Remuneration Convention, 1951 (No. 100) - Guinea-Bissau (Ratification: 1977)

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. In its previous comments, the Committee referred to section 156 of the 1986 Labour Code which establishes the principle of equal remuneration for men and women workers, and it requested the Government to indicate how this principle was applied in practice.

The Committee notes the Government's reply to the effect that an employment and vocational training centre is being established under the authority of the Ministry of the Civil Service and Labour and that its mission will consist essentially of centralizing all job vacancies and ensuring that there are vocational training programmes in all sectors.

The Committee requests the Government to supply information on the practical activities of this centre and the progress achieved following its creation in the application of the principle of equal remuneration.

2. In its previous comments, the Committee noted that certain benefits paid to the worker arising from employment, such as displacement allowances, transport expenses, advances for journeys or for the worker's installation expenses, special bonuses, etc., are not deemed to be part of remuneration under sections 95 and 100 of the Labour Code.

The Committee notes the Government's statement that articles 23 and 24 of the Constitution guarantee equality for all citizens without distinction, and that in this way the benefits provided for under sections 95 and 100 of the Labour Code are guaranteed not only for men but also for women. The application of the principle is supervised by the workers themselves through their representatives. The Committee refers in this connection to the explanations contained in paragraphs 14 to 28 and 79 to 94 of its 1986 General Survey on Equal Remuneration. It requests the Government to supply information in its next report on the machinery through which the application of the principle of equal remuneration for work of equal value is ensured in practice.

3. The Committee notes the statement in the Government's report that Decree No. 10/87 of 4 May 1987, to determine the wage rates for the public service, has been repealed, and that the wage table for the public service is determined by Decree No. 1/89 of 16 January 1989. The Committee notes this information with interest and, in this connection, refers to its previous request for information concerning the criteria serving as a basis for the classification of workers into occupational categories. Since the Government's report does not supply information on this subject, the Committee requests the Government to indicate whether the wage table for the public service was founded on an objective appraisal of jobs on the basis of the work to be performed, as suggested in Article 3 of the Convention.

The Committee notes the Government's statement that there is as yet no Ministerial Decision determining the wage rates (minimum and maximum) applicable to the various sectors, except for the public service. The Government indicates in its report that, as regards workers employed by third persons, the minimum wage set out in Decree No. 17/88 of 4 April 1988 has not been adjusted, and that its revaluation is the subject of a study that has been submitted to employers and workers for their views. The Committee requests the Government to supply information on any measure that has been taken or is contemplated in this connection. It also requests the Government to supply a copy of this study and of any legislation adopted in this regard. It also requests the Government to indicate the criteria serving as a basis for the determination of the proposed minimum wage rates.

4. In its previous comments, the Committee referred to section 166 of the Labour Code under which collective agreements may not contain standards that are contrary to those set forth in the ILO Conventions ratified by the country. As the Government has not supplied information on this matter, it once again requests the Government to indicate whether collective agreements have been concluded since the adoption of the Labour Code and, if so, to supply copies of them with its next report.