Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Senegal (Ratification: 1962)

Article 1 of the Convention. Legislation. For a number of years the Committee has been emphasizing that section 105 of the Labour Code, which states that where conditions of work, vocational qualifications and output are equal, wages shall be equal for all workers, regardless of sex, does not give full effect to the principle of equal remuneration for men and women for work of equal value established by the Convention. According to the Convention, men and women workers are entitled to equal remuneration not only where conditions of work, vocational qualifications and output are equal but also where these aspects are different and their work as a whole, i.e. the total combination of tasks that they perform, has equal value. Moreover, the Committee notes that section L.86(7) of the Labour Code provides that collective agreements must contain provisions concerning procedures for the application of the principle of “equal pay for equal work” for women and young persons. With reference to its general observation of 2006, in which it explains the importance of the concept of “equal value”, the Committee emphasizes that “work of equal value” includes the concept of equal remuneration for equal work but goes beyond it since it also encompasses work which, though being entirely different in nature, is nevertheless of equal value. The Committee therefore asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is incorporated into the Labour Code and that sections L.86 and L.105 of the Labour Code are amended accordingly. The Government is also requested to supply information on any measures taken or contemplated in this regard.

Article 3. Objective job evaluation. In its previous comments the Committee drew the Government’s attention to the need to use objective and non-discriminatory criteria, such as skills required, effort, responsibilities and conditions of work, for job evaluation through the examination of the tasks involved. The Committee notes that the Government refers to a study conducted in 2009, with the support of the ILO, concluding that it is necessary to establish an objective classification of jobs. It also notes the Government’s indication that the necessary steps are being taken to promote objective job evaluation. The Committee therefore asks the Government to supply information on the specific steps taken to encourage objective job evaluation, for both the public and private sectors, in collaboration with the employer’s and workers’ organizations. The Government is also requested to indicate the action taken to follow up on the conclusions of the 2009 study referred to above.

Monitoring of application. The Committee notes that, according to the Government’s report, no violation of section 105 of the Labour Code has been recorded by the labour inspection services and no court decisions on the subject are available. The Committee asks the Government to supply information on the specific monitoring activities conducted in enterprises by labour inspectors with regard to pay equality and to indicate whether information or training activities concerning equal remuneration are being conducted or planned for labour inspectors and magistrates.

Statistical information. The Committee notes that the Government again indicates that the requested statistics are not available. The Committee asks the Government to take the necessary steps to collect data on pay levels for men and women in the public and private sectors and hopes that it will soon be in a position to supply such information.