Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Equal Remuneration Convention, 1951 (No. 100) - Luxembourg (Ratification: 1967)

The Committee notes 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 reads as follows:

1. The Committee notes that the Government’s report contains no reply to the request for information concerning the Bill to obtain parliamentary approval of the Convention which the Government, according to in its previous report, was in the process of drafting. The Committee therefore hopes that the Government will supply information in its next report on developments concerning the adoption of this Bill.

2. The Committee notes the Government’s indication that wage differences between men and women do not originate in unequal direct remuneration for the same work but rather in career breaks for family reasons and in the lack of promotion and career progress. The Government indicates that the equality representatives, established under the Act of 7 July 1998 in staff committees of public and private sector companies with over 15 workers, have an important function in raising awareness both in employers and in employees with regard to the sharing of family responsibilities by fathers. The Committee notes, however, that the Government has replied to its direct request regarding application of the Act of 7 July 1998 by stating that it poses no major problems. In noting the abovementioned observations by the Government and considering that, within the meaning of section 11bis(2) of the amended Act of 18 May 1979, introduced by the Act of 7 July 1998, the function of equality representatives is to defend equality of treatment between female and male workers in the establishment in regard to access to employment, training and professional advancement, remuneration and working conditions, the Committee hopes that the next report will supply information on the activities carried out by the representatives in the performance of this function. The Committee also hopes that the Government will supply information on individual or collective representations regarding equality of treatment between men and women which equality representatives may submit to employers under section 11bis(1)(d). In addition, the Committee would be grateful if the Government would supply in its next report information on activities set up in the private sector by the joint works committees in performance of the function established under section 11bis of the modified Act of 6 May 1974, introduced by the Act of 7 July 1998, which consists of monitoring rigorous respect for equality of treatment between men and women in regard to access to employment, training and professional advancement as well as remuneration and working conditions.

3. The Committee asks the Government to supply information on the measures taken or contemplated to implement the National Action Plan for the Implementation of the Declaration and Platform for Action adopted by the Fourth World Conference of Women held in Beijing from 4 to 15 September 1995 (2000 Action Plan) which lays down that the necessary measures shall be taken to guarantee the principle of equal remuneration for equal work or work of equal value and to encourage the establishment of work evaluation systems based on non-sexist criteria (Chapter 6.4.5).

4. As stated in its previous direct request, the Committee asks the Government to supply in forthcoming reports statistical information in respect of the current evolution of average wage rates for women as compared to those for men. In this regard, the Committee notes that section 13 of the amended Act of 18 May 1979 provides that the head of the corporation is obliged to provide statistics every six months, disaggregated by sex, on, inter alia, remuneration.

5. The Committee draws the Government’s attention to the fact that, according to the initial report and second periodical report of 1996 on measures taken to give effect to the Convention on the elimination of all forms of discrimination against women, the criteria for evaluation and classification contained in several collective agreements continue, nevertheless, to favour male workers. In this respect, the Committee asks the Government to keep it informed of any progress made since 1996 with regard to promoting application of the Convention in collective bargaining.