Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Equal Remuneration Convention, 1951 (No. 100) - Democratic Republic of the Congo (Ratification: 1969)

The Committee notes the communication by the Confederation of Trade Unions of Congo, received 14 September 2005, which has been sent to the Government.

1. The Committee notes that the draft Constitution of the Democratic Republic of the Congo was adopted by the National Assembly in May 2005 and will be subject to referendum in December 2005. It notes with interest article 14, which establishes that "the State shall ensure the elimination of all discrimination against women and the protection and promotion of their rights". The Committee looks forward to receiving a copy of the Constitution, once it has been adopted.

2. Article 1(a) of the Convention. Definition of remuneration. With regard to its previous comments, the Committee notes that the revised Labour Code (Act No. 15/2002 of 16 October 2002) in section 7(h) continues to exclude family allowances and other benefits from the definition of remuneration. In this regard, the Committee reiterates that the broad definition of remuneration contained in Article 1(a) of the Convention, which provides that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary, as well as any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, also covers family allowances. The Committee asks the Government to provide information, in its next report, indicating that the principle of equal remuneration is in practice applied to family allowances and other benefits and that these allowances are not paid in a manner that discriminates on the basis of sex.

3. Article 1(b). Equal remuneration for work of equal value. The Committee notes that section 86 of the revised Labour Code concerning wage determination continues to refer to "equal conditions of work, vocational qualifications and output". The Committee must point out that the principle of equal remuneration laid down in Article 1 of the Convention implies the principle of "work of equal value", which, by making the "value" of the work the point of comparison, goes further than mere "equal conditions". The Committee asks the Government to provide information on the measures taken or envisaged to bring about equal remuneration in practice, between men and women, particularly where their work is different but nevertheless of equal value. In addition, the Committee encourages the Government to consider amending section 86 in order to bring it into conformity with Article 1(b) of the Convention.

4. Part V of the report form. Statistics. The Committee further notes that the Labour Code, in section 204, provides for the establishment of the National Employment Office, which will be responsible for collecting and analysing statistical data. Noting that the Government is experiencing problems in this area due to the present situation in the country, the Committee had expressed its appreciation regarding the request for technical assistance from the Office. It hopes that the Government will be in a position in the near future, with the cooperation of employers’ and workers’ organizations and of any other appropriate body, to collect and analyse statistical data on minimum wage rates and the average earnings of men and women.

5. Further, 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, in relevant parts, as follows:

[…]

3. The Committee also notes that section 21(3) of Legislative Ordinance No. 88-056 of 29 September 1988 regulating the activities of magistrates provides that a woman magistrate is not entitled to family allowances where her spouse carries on an activity remunerated by the State entitling him to allowances which are not less than those of a magistrate. In order to make the regulations more consistent with the provisions of the Convention and avoid paying family allowances twice, the Committee suggests that the Government should allow couples who are entitled to family allowances to decide for themselves which of them is to receive the allowance, rather than applying the principle that the allowances are to be paid automatically to the father of the family.

[…]

5. The Committee notes that at its 29th session, the National Labour Council adopted an occupational classification covering workers and managerial staff and establishing a single salary scale ranging from one to ten. The Committee is still hoping to receive a copy of the new general classification of occupations, which, according to the Government, is to apply to the public sector and the private sector. The Committee also asks the Government to provide information on the impact of this classification on equality of remuneration between men and women.