Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the report from the Government and the attached documentation.

1. The Committee refers to its previous direct request concerning section 67 of the Labour Code which contains a provision limiting female workers’ entitlement to wages equal to those of men if they perform the same work under the same conditions and specifications, while requiring equal wages to be paid to Yemenis and non-Yemenis if their working conditions, qualification, experience and competence are equal. The Committee notes the Government’s statement that it will take the necessary measures to amend these provisions so as to bring them fully into conformity with Article 1 of the Convention, which goes beyond "same work" by requiring equal remuneration for men and women workers for work of equal value. The Committee requests the Government to provide in its next report information on the measures taken with a view to amending section 67 of the Labour Code to bring it fully in line with Article 1 of the Convention.

2. With regard to its previous comments on section 54 of the Labour Code concerning wage scales and job classification and section 109 of the Labour Code which provides for regulations to determine the jobs to be appraised in terms of skill levels, the Committee reiterates its request to the Government to submit the documents on "Occupational scales and categories in the Republic of Yemen" and the system for the determination of skill level, both of which the Government referred to in previous reports.

3. With respect to the Government’s efforts towards fixing minimum wages, the Committee notes from the report that the tripartite Labour Council envisaged under section 11 of the Labour Code has been set up in 1997. The Committee also notes that the Council has not yet dealt with the question of wages. It requests the Government to indicate whether the Ministry of Labour and Vocational Training has established the planned technical working group to study wages in the private sector which, as reported by the Government previously, was to provide proposals on minimum wages to the Labour Council. The Committee would be grateful to receive further information on any progress made on this matter in the Government’s next report.

4. As regards ensuring equal remuneration of men and women in the government sector, the Committee notes from the Government’s report that Presidential Order No. 122 of 1992, which has been promulgated under the Civil Service Code (Law No. 19 of 1991), includes provisions on the application of objective criteria for the evaluation of government sector employees, as provided for under section 173(d) of the Civil Service Code. The Government is requested to submit a copy of Presidential Order No. 122 with its next report.

5. The Committee thanks the Government for providing relevant statistical information. The Committee notes that the large majority of women engaging in remunerated jobs work in the public sector and that only a very small percentage is active in the private sector (5 per cent). The Committee notes that overall women’s wages amount to 72 per cent of men’s wages. The Committee also notes that wage differentials in some areas of economic activity, including sales, agriculture, production and transport, are significantly higher than in others, such as the service sector, science and technical and office work. Noting that women with remunerated jobs work to a large extent in the government sector, the Committee would be grateful to receive information on the levels of income of men and women in that sector. The Committee requests the Government to provide information on any measures taken or planned to address existing wage differentials, e.g. through promoting women’s access to training and positions offering higher levels of remuneration. The Committee asks the Government to provide a copy of the document "Men and Women in the Republic of Yemen - Statistical Background" prepared by the Central Census Office, which has been cited as the source of the abovementioned information.