Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Equal Remuneration Convention, 1951 (No. 100) - Togo (Ratification: 1983)

With reference to its previous direct requests the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's indication that it has taken note of the Committee's wish concerning the transfer allowance for married women. It hopes that the Government will provide information in its next report on the measures taken or envisaged to amend the provisions of collective agreements (article 31 of the commerce collective agreement and article 44 of the industries' collective agreement) under which the grant of a transfer allowance and related entitlements appears to be limited to male workers. Please refer in this connection to the Committee's 1986 General Survey on Equal Remuneration, paragraphs 226 to 238, in which it indicates the authority's role in supervising the lawfulness of the clauses of collective agreements, and the establishment of the principle of equal remuneration in collective agreements.

2. In its previous comments the Committee referred to section 88 of the Labour Code and articles 24 and 25 of the inter-occupational collective agreement of 1 May 1978, which provide that, under equal conditions of work, professional quality and output, wages shall be equal for all workers regardless of their nationality or extraction, sex, age or status, and asked the Government to provide information on the application of the principle of equal remuneration where men and women perform work of a different nature but of equal value. Noting that the report is silent on this matter, the Committee once again asks the Government to state, in its next report, the measures taken or envisaged to amend the above-mentioned provisions of the Labour Code and the inter-occupational collective agreement so that they expressly establish the principle of equal remuneration for work of equal value, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee notes the Government's statement that there is no difficulty in applying the principle of equal remuneration for men and women. The Committee must point out that since no precise and specific information has been provided on the practical application of the Convention, it is unable to review the factual basis for this assertion. It asks the Government to refer in this connection to paragraph 253 of the General Survey mentioned above, which states that, by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle will necessarily unearth difficulties. The Committee would therefore be grateful if the Government would provide recent information enabling it to assess how the principle of equal remuneration is applied in practice. It therefore once again asks the Government to provide statistics on the percentage of men and women in the various grades of the public service; the average earnings of men and of women in public and private enterprises employing a large number of women; the percentage of women covered by the collective agreements sent; and the distribution of men and women at various levels.