Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Definition of remuneration. The Committee notes the Government’s acknowledgement that the definition of remuneration provided in section 3(15) of the Labour Proclamation is narrower than the definition of the Convention. It further notes that although it is envisaged to broaden such definition, the measures to be taken for that purpose will only be taken within the framework of a global revision of the Labour Proclamation. The Committee expresses the firm hope that the definition of remuneration will be revised in the near future to encompass all components of remuneration in line with Article 1(a) of the Convention and requests the Government to provide information on the progress made in this regard. The Committee further asks the Government to provide information on the manner in which it ensures that discrimination in remuneration between men and women does not occur for the types of remuneration excluded from the coverage of the Labour Proclamation.

Equal remuneration for work of equal value. In its previous comments, the Committee observed that the Labour Proclamation did not fully reflect the principle of equal remuneration for men and women for work of equal value and noted that the Government submitted that remuneration was determined through collective agreements. The Committee notes that the Government reiterates its statement according to which effect is given to the Convention by means of collective agreements, referring in this regard to Article 2 of the Convention. The Committee wishes to emphasize that, while collective agreements are indeed a means of implementing the principle of equal remuneration between men and women for work of equal value, the Convention requires that such principle is applied to all workers. Since the Government indicates in its report that no information is available as regards the extent to which workers in Eritrea are currently covered by collective agreements, the Committee is concerned that the principle of the Convention may not be implemented with regard to all workers and that it may not be possible for workers to enforce their right to equal remuneration for work of equal value and bring claims in that respect. Therefore, the Committee reiterates its request to the Government to take the measures necessary to amend the Labour Proclamation with a view to providing explicitly for the right of men and women to equal remuneration for work of equal value. The Committee further asks the Government to provide information on the steps taken to promote the inclusion of provisions in collective agreements providing for equal remuneration for men and women for work of equal value. Please also provide copies of the collective agreements expressly providing for equal remuneration for men and women for work of equal value, and information on the coverage of such collective agreements in terms of economic sectors and workers concerned.

Application in the civil service. In its previous comments, the Committee urged the Government to amend the draft civil service legislation to provide for equal remuneration for work of equal value, as envisaged under the Convention. The Committee notes from the Government’s report that the draft Civil Service Code emphasizes “the equality approach on the payment of men and women”. It further notes that, according to the report, the weighing and measuring of all posts in the civil service in accordance with the principles of classification of positions has just been completed and the new salary scale will be established by special task forces constituted by the Government with respect to the classified positions, regardless of the holder of such positions. The Committee asks the Government once again to ensure that the principle of equal remuneration between men and women for work of equal value is incorporated in the draft civil service code. It further asks the Government to provide more detailed information on the completed job evaluation process and the classification of positions being currently carried out, including indications on the manner in which it is ensured that rates of remuneration are established without discrimination based on sex. Please continue to provide information on the progress made in the adoption of a new job classification, the civil service legislation and the new salary scales.

Cooperation with workers’ and employers’ organizations. Noting that the Government refers in general terms to consultations with the workers’ and employers’ organizations regarding practical measures to ensure equal remuneration for men and women for work of equal value, the Committee would welcome more specific information on such consultations and their results, especially the practical measures adopted to promote the principle of the Convention.

Enforcement. The Committee notes that measures have been taken to provide information and training on the principle of the Convention to the competent public officials, judges, labour inspectors, as well as representatives of workers’ and employers’ organizations. It further notes that no cases of discrimination in remuneration have been reported and that labour inspectors continue to supervise the application of the principle of equal remuneration in undertakings. The Committee requests the Government to provide more specific information as regards awareness-raising activities carried out on equal remuneration and to continue to provide information on any case concerning inequality of remuneration detected by or reported to labour inspectors, as well as any judicial decision handed down in this regard.

Statistics. The Committee asks the Government to provide the most recent statistical information available on the distribution of men and women in the different occupations and their respective levels of earnings in the various sectors and occupational groups.