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

Equal Remuneration Convention, 1951 (No. 100) - Comoros (Ratification: 1978)

The Committee notes the observations of the Confederation of Workers of Comoros (CTC) of 27 August 2013 reiterating its observations of 2011 regarding the absence of a minimum wage and wage scale for employers to determine the wages of their employees. The Committee asks the Government to provide its comments on the points raised by the CTC.

The Committee further notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous comments the Committee took note of observations of the Men and Women Workers Confederation of Comoros (CTC) received on 1 September 2011, in which the organization reported that the principle of equal remuneration between women and men in the private and parastatal sectors is not being respected because there is no wage scale or indicator to which employers might refer. The Committee invited the Government to send its comments on the matter. The Committee notes that the Government’s report has not been received but that a new Labour Code was adopted on 28 June 2012.

Equal remuneration for work of equal value. Legislation. In its earlier comments the Committee noted that section 97 of the Labour Code providing for equal wages regardless of the worker’s origin, sex, age or status “under equal working conditions, professional qualifications and output” did not give full effect to the Convention. The Committee notes that according to section 104 of the new Labour Code “all employers shall provide equal remuneration for the same work or for work of equal value”. It further notes that this provision contains a definition of “remuneration” that reflects that of Article 1(a) of the Convention. The Committee asks the Government to provide information on the application of section 104 of the Labour Code in practice. It encourages the Government to publicize the new provisions of the Labour Code and to consider the organization of training to raise awareness among workers and employers and their organizations, labour inspectors, judges and others involved in enforcing the Labour Code concerning the principle of equal remuneration for work of equal value.

Collective agreements. The Committee notes that section 92(7) of the new Labour Code provides that “collective agreements [which may be extended] must include provisions on the ways and means of applying the principle of equal remuneration for men and women for work of equal value”. The Committee asks the Government to provide information on the effect given in practice to section 92(7) of the new Labour Code. It also asks the Government to indicate the measures taken to encourage the social partners to include in collective agreements the principle of equal remuneration for men and women for work of equal value and the ways and means of applying it, and to provide extracts of relevant collective agreements.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.