Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

1. Article 1(b) of the Convention. Work of equal value. Referring to previous initiatives to bring section 67 of the draft Labour Code into conformity with Article 1(b) of the Convention, the Committee notes the Government’s response indicating that the proposed amendments to sections 64–68 of the draft Labour Code were “crossed off” by the social partners during the tripartite workshop held in 2003. In light of this development, the Committee asks the Government to clarify whether it still intends to give legal expression to the principle of equal remuneration for men and women for work of equal value contained in Article 1 of the Convention. In the absence of any legislative developments, the Committee asks the Government to provide information on any measures taken or envisaged to ensure or promote the application of the principle in practice.

2. Article 2. Wage scales and job classification. The Committee notes from the Government’s report the promulgation of the Jobs, Wages and Salaries Act No. 43 of 18 June 2005. In the absence of a copy of the new law, which was not annexed to the Government’s report, and of any further information on the implementation of section 54 (wage scales and job classification) and section 109 (regulations to determine job appraisal) of the Labour Code, the Committee reiterates its request to the Government to provide information on any developments with regard to the establishment of occupational wage scales and categories. Please also provide information on the activities of the Ministry of Technical Education and Vocational Training with respect to the determination of skills levels, including the methodology used.

3. Minimum wage. The Committee notes the Government’s statement that Act No. 43 of 2005, in accordance with section 55 of the Labour Code, fixes the minimum wage within the administrative apparatus of the State. The Committee further notes from the Government’s report that section 38(e) sets the minimum wage at 20,000 rials and that, according to section 55 of the Labour Code, the minimum wage of a worker shall not be less than the minimum wage fixed in the administrative apparatus of the State. The Committee asks the Government to clarify whether this concerns nationwide or regional wages, and to provide information on how the application of the principle of equal remuneration for men and women is ensured for wages above the minimum wage.

4. Wage disparities. In its previous comments the Committee noted the significant wage disparities between men and women in sales, agricultural types of occupations and the production and transport sectors. It also noted that gender-based wage discrimination should be dealt with through economic policies aimed at curbing those disparities. The Committee notes the extensive statistics provided by the Government on the male and female participation rates in the various sectors of economic activity. While noting a slight increase in the overall participation of women in the labour market, the Committee notes that the statistics continue to affirm that the large majority of women find employment in traditional areas such as agriculture, hunting and forestry, especially in the rural areas, and that their representation in more recent occupations remains extremely low. The Government further indicates that, among women workers, 74 per cent work without wages, 14.6 per cent are self-employed and only 9.8 per cent are salaried workers. The Committee notes that the Government is giving priority to promoting employment of rural women since the Yemeni society remains primarily a rural society. The Committee asks the Government to provide information in its next report on the specific measures taken to increase the levels of income of rural women, for example through enabling them to set up their own businesses, and to promote their access to paid employment in the private and public sectors. It also encourages the Government to update its assessment of the existing wage disparities in the various sectors, especially in the administrative sector and sales and agricultural occupations, in order to be able to determine the actual nature and scope of the current wage disparities, and the most effective measures to address them.

5. Article 2. Addressing gender stereotypes as a means to reduce inequalities in remuneration. Recalling its previous comments that the low status of women in society, due to gender stereotypes, is one of the root causes of unequal remuneration, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and asks the Government to provide information on the measures being taken to address gender stereotyped attitudes among private sector employers, as a means to increase the levels of income and reduce wage disparities between men and women.

6. The Committee requests a copy of the text of the National Strategy for Women in Labour 2001–10, and information on the specific activities undertaken, including by the Women’s National Committee, to give effect to the principle of the Convention and to reduce the pay disparities between men and women in the private and public sectors.