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

Equal Remuneration Convention, 1951 (No. 100) - Togo (Ratification: 1983)

Article 2 of the Convention. Application of the principle by means of collective agreements. Recalling that the Government has previously indicated that, following the adoption of the new Labour Code of 2006, social partners would renegotiate most collective agreements, the Committee asked the Government to indicate any measures taken to encourage social partners to avoid using gender stereotypes in renegotiations of collective agreements which contained fixed wage tables by occupational category. The Committee notes that the Government recalls the relevant legislation on this matter and indicates that, during collective bargaining, labour inspectors govern mixed joint committees as moderators, and monitor compliance with the principle of equal remuneration. The Government indicates that the wage scales negotiated by social partners and annexed to collective agreements do not contain any differences in remuneration between men and women. The Committee recalls that fixing identical wages for men and women is insufficient to ensure full application of the principle of the Convention. It is important to fix wages based on objective criteria, free from gender bias, in order to ensure that jobs held predominantly or exclusively by women, are not undervalued in comparison with jobs predominantly held by men. The Committee asks the Government to indicate the measures taken to ensure that the methods used in negotiations of collective agreements which fix minimum wages are free from gender bias. The Committee also asks the Government to indicate whether any collective agreements have been or will soon be renegotiated and to forward copies of any collective agreements referring to the principle of equal remuneration for men and women for work of equal value.

Practical application. Measures to reduce the gender wage gap. The Committee notes that a number of measures were taken to reduce inequalities between men and women in employment; a study on inequalities based on gender, a national policy on gender equity and gender equality in January 2011, a national strategy on gender mainstreaming in public policies, and the creation of a specific ministry on the promotion of women. The Committee asks the Government to provide information on specific measures taken to reduce the gender wage gap, including under the national policy on gender equity and gender equality, and particularly measures taken to address the underlying causes of wage inequalities such as occupational segregation between men and women and gender stereotypes regarding career aspirations and professional capacities of women, as well as regarding the role of men and women roles in society. The Committee also asks the Government to provide information on the findings of the study on inequalities based on gender, with respect to equal remuneration for men and women for work of equal value.

Monitoring of the application. The Committee recalls that section 118 of the Labour Code of 2006 provides for equal remuneration for men and women for work of equal value and that section 117 defines “salary” according to Article 1(a) of the Convention. With respect to the application of these provisions in practice, the Committee notes that, according to the Government’s report, labour inspectors who monitor their application have not detected any cases nor have they received any complaints concerning equal remuneration. The Committee notes that the Government indicates that the Labour Tribunal has rendered a decision concerning discrimination in remuneration and based it on the Convention. The Committee wishes to draw the Government’s attention to the fact that the absence or the low number of discrimination cases or complaints is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals. The Committee also considers that this situation could be due to insufficient monitoring measures. In this regard, the Committee welcomes the measures taken by the Government to improve the means of the labour inspectorate, including the reinforcement of the staff needs and material needs and the creation of new inspection areas. The Committee asks the Government to indicate the concrete measures taken to raise awareness among workers, employers and their organizations on relevant legislation and to reinforce the methods used by labour inspectors, judges and other public officials to detect and address cases of inequalities in remuneration between men and women. Noting that a programme has been launched to modernise the administration of work, the Committee hopes that the Government will take this opportunity to organize training and awareness-raising activities for labour inspectors and other labour officers on the principle of the Convention and, in particular, on the concept of “work of equal value”. Please forward a copy of the decision rendered by the Labour Tribunal on discrimination in remuneration, which has not been provided.

Statistics. The Committee notes the Government’s indication that there is no reliable and updated system of information concerning the labour market. The Committee notes that the programme on the modernization of the administration of work aims to improve the collection, management and evaluation of data in the labour market. The Committee hopes that the Government will soon be able to provide statistical data, disaggregated by sex, on the distribution of men and women in employment and occupation, both in the public and private sectors, by occupation and sector of activity, if possible, and on their respective levels of earnings, and asks the Government to provide this information as soon as it is made available.