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

Equal Remuneration Convention, 1951 (No. 100) - Yemen (Ratification: 1976)

Article 1(b) of the Convention. Work of equal value. The Committee recalls that section 67(1) of the Labour Code No. 5 of 1995 provides that “women shall be entitled to wages equal to those of men if they perform the same work under the same conditions and specifications”, which is more restrictive than the principle set out in the Convention. The Committee also notes that the Government has been indicating for a number of years that the process of amending the Labour Code was under way. In its most recent report, the Government indicates that draft amendments were submitted to the Ministry of Legal Affairs in 2008, and that it was expected that the draft text would be referred to the Council of Ministers for its adoption and its submission to the House of Councillors. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–679). The Committee also recalls that legal provisions that are narrower than the principle laid down in the Convention, as they do not give expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination (General Survey, 2012, paragraph 679). The Committee asks the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to ensure that the principle applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee hopes that progress will be made in the near future and asks the Government to provide specific information in this regard.

Article 2. Wages scales and job classification – minimum wage. The Committee recalls that section 38(e) of the Jobs, Wages and Salaries Act No. 43 of 18 June 2005 fixes the minimum wage for all employees working in the administrative apparatus of the State, and in the public and mixed sectors, and that section 55 of the Labour Code provides for the setting of a minimum wage in the private sector which is the same as that paid by the state administration. The Committee again asks the Government to provide updated statistical information, on the number of men and women respectively employed in the different job levels and grades covered by the Jobs, Wages and Salaries Act. It also asks the Government to provide information on the number of workers, disaggregated by sex, who are earning the minimum wage or below.

Wage disparities. In the absence of updated information from the Government, the Committee again asks the Government to provide information on the results of the activities undertaken to increase the income levels of rural women, and to improve women’s educational levels in order to improve their access to paid employment. The Committee also asks the Government to provide information on the gender pay gap, including regarding the measures taken to examine the nature and extent of the pay gap, such as any study or survey conducted in this respect, and on any activities of the Women’s National Committee relevant to the implementation of the Convention.

Monitoring and enforcement. The Committee asks the Government to provide statistics on the number of workers in the public and private sectors, disaggregated by sex, and also by sector of activity and occupation if possible, and the corresponding level of earnings. Please also provide any information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as regarding any relevant court or administrative decisions.