Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Niger (Ratification: 1966)

Article 2(2) of the Convention. Legislation. The Committee notes the adoption of Act No. 2012-45 of 25 September 2012 issuing the Labour Code, of which sections 157 to 160 reproduce the provisions of the former Labour Code of 1996. These provisions define remuneration, provides for the principle of equal remuneration for work of equal value irrespective of origin, sex, age and status, and provide for the shifting of the burden of proof to the employer where there exists serious indicators leading to the presumption of discrimination in relation to remuneration. They also provide that the methods for jobs evaluation shall be based on objective considerations mainly on the nature of the work performed. The Committee asks the Government to provide information on the adoption of any regulations implementing the new Labour Code in relation to the principle of the Convention, as well as information on the practical application of sections 157 to 160 of the Labour Code, including any judicial decision relating to the principle of equal remuneration for men and women for work of equal value.

Public service. For several years, the Committee has been requesting the Government to amend the provisions of the legislation respecting the public service, which are discriminatory towards women in the public service, and particularly those of Decree No. 60-55/MFP/T regulating the remuneration and benefits of officials in state public administrations and establishments, with a view to ensuring, among other objectives, that female officials benefit from family allowances under the same conditions as male officials. The Committee notes the Government’s statement that, by means of Decree No. 2008-244/PRN/MFP/T of 31 July 2008, implementing Act No. 2007-26 of 23 July 2007 issuing the general conditions of service of the State public service, all discriminatory provisions towards women public servants have been abolished. However, the Committee notes that Decree No. 2008-244/PRN/MFP/T explicitly provides in section 1 that “in order to implement Act No. 2007-26 […] provisions other than those relating to remuneration, motivation and other material and social benefits allocated to officials and contractual employees of the public service shall be determined by the present Decree”. Indeed the 2008 Decree does not contain any provisions with respect to allowances, benefits and bonuses. The Committee therefore asks the Government to take the necessary measures to ensure that women officials benefit from family allowances and other benefits and bonuses on an equal footing with men. In this respect, it asks the Government to indicate precisely the texts issued under Act No. 2007-26 issuing the general conditions of service of the State public service and determining the rate and conditions for entitlement to family allowances, benefits and bonuses. Please also specify whether Decree No. 60-55/MFP/T, issuing regulations respecting the remuneration and material benefits allocated to officials in state public administrations and establishments, is still in force or whether it has been formally repealed.

Minimum wages. With regard to the regulations respecting minimum wages by occupational category, the Committee recalls that the Government undertook to designate occupations using neutral terms when revising Decree No. 2006 59/PRN/MFP/T determining minimum wages by occupational category. The Government indicates in its report that, irrespective of the term used to designate an occupation, persons of both sexes may apply. Noting the Government’s indication that the 2006 Decree has been repealed and replaced by Decree No. 2012-358/PRN/MFP/T of 17 August 2012, the Committee asks the Government to provide a copy of the 2012 Decree and to specify the manner in which, and the extent to which, the principle of equal remuneration for men and women for work of equal value was taken into account in its adoption.

Collective agreements. The Government indicates that clause 38 of the inter-occupational collective agreement which provides that, “under equal conditions of work, vocational qualifications and performance, wages shall be equal for all workers, irrespective of sex”, is currently under revision. The Committee notes the Government’s indication that the draft text takes into account the concept of “work of equal value”. The Committee hopes that the new inter-occupational collective agreement will contain provisions on equal remuneration for men and women for work of equal value and the conditions for the implementation of this principle, and requests the Government to provide information on the progress achieved in this respect. Please provide relevant extracts from the new inter-occupational collective agreement when it has been concluded.

Enforcement. Labour inspection. The Committee asks the Government to provide information on the inspections carried out and any violations detected by labour inspectors in relation to equal remuneration for men and women.

Statistics. The Committee notes the Government’s indication that it will provide the requested data as soon as possible. The Committee therefore asks the Government to take the necessary measures to compile and communicate information, disaggregated by sex, on the earnings of men and women in the public service (by category) and in the private sector, as such data is essential to enable it to evaluate the application in practice of the principle of the Convention.