Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Equal Remuneration Convention, 1951 (No. 100) - Niger (Ratification: 1966)

The Committee notes the information supplied by the Government in its report in reply to its previous direct requests.

1. With regard to the public sector, the Committee refers to its previous comments concerning sections 32 and 43 of Decree No. 60-55 MFP of 30 March 1960 respecting the reimbursement rates for journeys within the national territory and the indemnities payable for training or further vocational training courses which are payable to employees in public administrations and State establishments. It notes the Government's statement that the flat-rate indemnity for training varies according to the position in the family: it amounts to 14,000 CFA francs for married male officials and 10,000 CFA francs for married women officials. According to the Government, this difference has its basis in the society of Niger, which recognizes mens' rights as head of family with all the burdens and responsibilities which that entails in the household. However, it notes that the Government intends to revise the laws and regulations respecting financial questions, including the decree in question, and will supply a copy to the ILO once it has been adopted. It hopes that the new Decree will guarantee equality of remuneration for men and women workers for work of equal value, and in particular that the provisions of sections 32 and 43 of the above Decree will be brought into conformity with Article 1(a) of the Convention. Please refer in this respect to paragraphs 14 to 17 of the Committee's 1986 General Survey on Equal Remuneration. It requests the Government to indicate in its next report the progress which has been achieved in this respect.

2. With regard to the private sector, the Committee recalls that for a number of years it has been referring to section 90 of the Labour Code and section 38 of the Inter-occupational Collective Agreement of 15 December 1972, under which equal remuneration without discrimination based on sex is payable only under "equal working conditions, vocational qualifications and output". It notes that the Government repeats its statement that, with the exception of the specific conditions governing various bonuses, no requirement is contrary to the principle of equal remuneration.

The Committee once again draws the Government's attention to the fact that, although criteria such as the aptitude or output of a worker provide a basis for an objective appraisal of the performance of different persons performing work of a similar nature, they do not form a sufficient basis for the application of the principle set out in the Convention, particularly where in practice men and women perform work which is of a different nature but of equal value. Furthermore, the criterion of output may result in the establishment of different wage groups as a function of the average output of each sex. The Committee therefore requests the Government to indicate the measures which have been taken or are envisaged to bring the national legislation and collective agreements into full conformity with Articles 1 and 2 of the Convention, and to achieve in practice equal remuneration between men and women workers, particularly where their work is of a different nature but of equal value.

3. The Committee requests the Government to supply information on the measures which have been taken to monitor the application of legal provisions concerning equal remuneration for work of equal value, and particularly on the activities of the labour inspection services and court rulings which are relevant to the Convention.