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

Equal Remuneration Convention, 1951 (No. 100) - Cabo Verde (Ratification: 1979)

Observations from trade unions. The Committee had previously taken note of the communications from the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde–Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) with respect to the need to increase the social partners’ awareness of the legal notion of “work of equal value”. The CCSL further supported the adoption of an interoccupational minimum wage to reduce wage discrimination between men and women for work of equal value. Noting that the Government has not replied to these observations, the Committee asks it to do so in its next report.

Legislative developments. Scope of application. The Committee notes the adoption of a new Labour Code on 16 October 2007 (Legislative Decree No. 5/2007, modified by Legislative Decree No. 5/2010). The Committee asks the Government to provide information on the impact of this new Labour Code on the implementation of the Convention, in particular with respect to the issues dealt with below.

The Committee further notes the adoption of Legislative Decree No. 50/2009 on social protection, Resolution No. 124/VI/2010 by which the country ratifies the African Youth Charter and Resolution No. 26/2010 concerning good practices in enterprise management. The Committee will examine these instruments together with any further information on the implementation of these provisions with respect to the Convention that the Government might wish to submit.

Article 1 of the Convention. Work of equal value. The Committee recalls that article 61 of the Constitution provides for the principle of equal remuneration for equal work and that it has been asking the Government to consider amending the legislation so as to ensure that men and women workers have the right to equal remuneration for work of equal value in accordance with the Convention. The Committee observes that section 16 of the new Labour Code provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work. All differences in remuneration for men and women based on objective criteria (merit, productivity, seniority and performance) are not considered discrimination. The Committee observes, however, that it does not provide for the principle of equal remuneration for work of equal value. The Committee further notes the Government’s indication that national collective agreements do not refer to this principle either, even though they provide equal treatment to both women and men workers. The Committee draws the attention of the Government to the fact that the provisions in the Constitution and the Labour Code are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value, and may hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity may be used to determine the level of earnings, the use of only these criteria may have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria free from gender bias. The Committee asks the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Such provisions should not only cover situations where men and women are performing the same or similar work but also situations where they carry out work that is of an entirely different nature but is nevertheless of equal value. The Committee asks the Government to provide information on any development thereon, as well as on the impact of the National Plan of Action concerning collective bargaining adopted on May 2011 with respect to wage disparity.

Article 2. Wage-fixing rates. The Committee notes the Government’s indication that a working group was established in order to elaborate a study concerning minimum wage fixing. The Government further indicates that in the public sector, salaries are regulated by the Career, Posts and Salaries Plan which provides for equality of remuneration and is currently under revision. The Committee asks the Government to provide information on any development thereon.

Article 3. Objective job evaluation. Noting that section 16 of the new Labour Code provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination, the Committee asks the Government to provide information on the steps taken so as to put in place a system of job evaluation for the objective appraisal of jobs that will ensure the full implementation of the Convention.

Part III of the report form. Enforcement. The Committee asks the Government to take the necessary measures so as to provide labour inspectors with adequate training concerning the principles of the Convention and to provide information on the concrete action carried out by them with respect to equality and non-discrimination in employment and occupation and equal remuneration and the impact thereof. The Committee further asks the Government to provide information on the activities of the Institute on the Condition of Women (ICF), to which it referred in previous reports, relating to the promotion and application of the Convention.

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government. The Committee notes in particular that the rate of workers’ participation in the labour market decreased from 68.9 per cent in 2000 (74.4 per cent for men and 64.1 per cent for women) to 60.5 per cent in 2007 (67.4 for men and 55.4 for women) and that women tend to concentrate in the commercial services and domestic services while men have a greater participation in more qualified jobs. The Committee notes that no further statistics are provided and that the Government reiterates its request for technical assistance in this respect. The Committee hopes that the Office will soon be in a position to provide the technical assistance requested in the area of statistics and asks the Government to provide information on the measures taken to address structural problems such as job segregation in particular with respect to access to education and vocational training for women.