Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Burkina Faso (Ratification: 1969)

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee pointed out that the 2004 Labour Code did not clearly reflect the principle of the Convention. Even though it expressly established the principle of equal remuneration for men and women for work of equal value, it also provided for equal wages for workers regardless of their sex “given equal conditions of work, vocational qualifications and output” (section 175). In its previous observation the Committee also noted that section 182 of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code reproduces the provisions of the former Code with regard to equal remuneration for men and women. It pointed out that the coexistence of these provisions may lead to confusion or conflict when it comes to applying the principle of the Convention in practice. The Committee notes the Government’s explanation that these criteria must be read together and not separately. The Government adds that work of equal value is work that demands of employees a comparable set of occupational skills or capacities. The Government also states that in the interests of a more harmonious interpretation of certain provisions, it has organized training sessions for labour inspectors and controllers, employers’ and workers’ organizations, judges, assessors and arbitrators. While noting the Government’s efforts to disseminate the concept of “work of equal value” among the various stakeholders, the Committee nonetheless points out that two jobs may overall be of equal value yet may not be performed in equal conditions of work nor by persons whose qualifications or output are equal. The concept of “work of equal value” has to do with the nature of the work, in other words the tasks to be performed, and requires an evaluation of tasks based on objective criteria that are free from gender bias, such as skills and qualifications, physical and mental effort, responsibilities and working conditions. To limit work of equal value to work performed in equal conditions of work, requiring equal qualifications and output is to narrow the possibilities for job comparison, thus hindering full application of the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary steps to bring section 182 of the 2008 Labour Code into full conformity with the principle of equal remuneration for men and women for work of equal value laid down in the Convention and to provide information on measures taken in this regard. It furthermore encourages the Government to continue to provide training for persons responsible for enforcing equal remuneration between men and women for work of equal value in practice.

The Committee is raising others points in a request addressed directly to the Government.