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

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

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 section 16 of the Labour Code provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work. According to this section, all differences in remuneration for men and women based on objective criteria (merit, productivity and performance) are not considered discriminatory. In this regard, the Committee recalls that in their communications, the Commercial, Industrial and Agricultural Association of Barlovento (ACIAB), the National Union of Workers of Cape Verde–Trade Union Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) have referred to the need to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention. The Committee notes that the Government merely reiterates the information provided in its previous report. The Committee recalls once again that the provisions in the Constitution and in the Labour Code are insufficient to ensure the full application of the principle of the Convention because they do not encompass the concept of “equal value”, and may therefore hinder progress in eliminating gender-based pay discrimination. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to 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 which are 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, and recalls that 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 any awareness-raising campaigns or activities carried out with respect to the implementation of the principle of the Convention. Noting that section 15(1)(b) of the Labour Code provides that equity at work includes the right to receive special compensation; a compensation which is not allocated to all workers, but which is based, among other grounds, on sex, the Committee asks the Government to indicate the manner in which this provision is implemented in practice.

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