Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Guinea-Bissau (Ratification: 1977)

Article 1 of the Convention Work of equal value. The Committee notes the Government’s indication that, although the principle of equal remuneration for work of equal value is not expressly provided for in the legislation, it has been included in the draft of the new Labour Law. In this connection, the Committee notes the Government’s reference in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the draft Uniform Labour Act of the Organization for the Harmonization of Business Law in Africa (OHADA), which will have direct force of law in Guinea-Bissau and which, as previously noted by the Committee, gives legal expression to the provisions of the Convention. The Committee asks the Government to provide information on the progress of the adoption of the Uniform Labour Act and hopes that it will give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Noting that the Public Servants Statute was not received by the Office and acknowledging the Government’s indication that a new Statute is awaiting promulgation, the Committee asks the Government to ensure that public servants are entitled to equal remuneration for work of equal value. Please forward a copy of the new Statute, once it has been adopted.

As regards measures taken to give practical effect to the principle of the Convention, the Committee notes the Government’s repeated statement that both workers’ and employers’ organizations are fully aware of the principle of equal remuneration for equal or similar work and therefore no further action is needed to this end. The Committee recalls that, although it is important to ensure equal remuneration for men and women for “similar work”, in order to tackle occupational sex segregation in the labour market, the broader concept of “work of equal value” needs to be applied, allowing a broader scope of comparison, including work that is of an entirely different nature. Difficulties in applying the Convention in law and practice result in particular from a lack of understanding of the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women, and the promotion of equality (see General Survey on fundamental Conventions of 2012, paragraphs 672 and 673). The Committee asks the Government to take proactive steps to promote and facilitate the application of the provisions of the Convention in practice, including through public information campaigns and awareness-raising initiatives, in cooperation with employers’ and workers’ organizations, as well as with officials responsible for monitoring and enforcement of the law. The Committee requests the Government to provide information on the progress made in this regard.

Article 2(2)(b). Minimum wage. The Committee notes the Government’s indication that, pursuant to the State General Budget Law of January 2012, the minimum wage for public sector workers has increased from 19,915 West African CFA francs (XOF) to XOF30,000. It further notes that, according to the Government, the Permanent Tripartite Council for Social Dialogue (established by Decree No. 1/2001) is currently examining the possibility of adopting a national minimum wage. The Committee recalls that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey of 2012, paragraph 683). The Committee therefore asks the Government to provide information on the progress made with respect to the establishment of a national minimum wage, as well as of any other wage rates in the various sectors.

Article 2(2)(c). Collective agreements. With reference to its previous comments regarding the application of the principle in the banking and telecommunications sectors, the Committee asks the Government to provide information on any collective agreements in these sectors, as well as copies of any other collective agreements in force.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on national classification of jobs in the private sector. The Committee also notes the Government’s indication that posts of civil servants are re-classified in accordance with a specific law. The Committee asks the Government to provide information on the establishment of objective job evaluation mechanisms and on the progress made with regard to the study on national classification of jobs. Please also provide a copy of the legislation governing the reclassification of civil servants and indicate the steps taken to ensure that the reclassification process is free from gender bias.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that new regional labour inspectorates have been recently established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country. The Government also indicates that, in spite of its political will to improve the capacity of labour inspectors, it often lacks the necessary resources to do so. The Committee welcomes the Government’s efforts to strengthen monitoring and enforcement, and trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention. It asks the Government to take steps to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.