Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Eritrea (Ratification: 2000)

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 read as follows:

Definition of remuneration. The Committee notes the Government’s statement that it will envisage broadening the definition of remuneration set out in section 3(15) of the Labour Proclamation for the purpose of implementing the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate the progress made in this regard.

Equal remuneration for work of equal value. In its previous comments, the Committee observed that section 41(1) of the Labour Proclamation, which provides that “an employer shall pay equal starting wages for the same type of work” and section 65(1) stipulating that “women may not be discriminated against as regards opportunity or treatment in employment and remuneration, on the basis of their sex” do not fully reflect the principle of equal remuneration for men and women workers for work of equal value. In its report, the Government submits that remuneration is determined through collective agreements, in accordance with Article 2 of the Convention. While the Committee agrees that collective agreements are an appropriate means to apply the Convention, it stresses that the Government must nevertheless ensure that the legal provisions concerning remuneration are not more restrictive than the Convention. The Committee notes that the abovementioned provisions of the Labour Proclamation may ensure equal remuneration for equal work which, though included within the principle of the Convention, does not refer to the key concepts of “work of equal value”. The Committee is therefore concerned that the provisions would not appear to allow claims to be brought for equal remuneration for work of equal value, as required under the Convention. The Committee recalls its 2006 general observation which further elaborates on this point and asks the Government to take the measures necessary to amend the Proclamation with a view to providing explicitly for the right of men and women workers to equal remuneration for work of equal value.

Application in the civil service. The Committee notes that the preparation of the Civil Service Proclamation has not yet been enacted. Section 9(3) of the draft Proclamation provides that “salary scales shall ensure equal pay for equal work and maintain internal equity”. The Government indicates that jobs will be graded according to volume, complexity, difficulty, working conditions and responsibility, that the process of weighing and measuring all posts has been completed, and that new wage scales will be adopted. The Committee urges the Government to amend the draft Civil Service Proclamation to provide for equal remuneration for work of equal value, as envisaged under the Convention, and to supply the text of the legislation, once it has been adopted, as well as the new salary scales.

Collective agreements. The Committee notes from the Government’s report that in the private sector, job evaluation was a matter left to collective agreements. The Committee asks the Government to indicate how existing collective agreements promote objective job evaluation as a means to differentiate remuneration in accordance with the Convention. Please indicate any collective agreements that explicitly provide for the principle of equal remuneration for men and women for work of equal value.

Cooperation with workers’ and employers’ organizations. The Committee recalls the important role of workers’ and employers’ organizations with regard to giving effect to the provisions of the Convention. It therefore asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. Please indicate any action taken to seek the cooperation of workers’ and employers’ organizations to promote the application of the Convention.

Enforcement. The Committee notes that that no disputes or complaints concerning the Convention’s principle have arisen so far. The Committee asks the Government to indicate any measures taken to provide information and training on the principle of equal remuneration for men and women for work of equal value to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. Please continue to provide information on any cases concerning equal remuneration dealt with by the competent authorities.