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

Equal Remuneration Convention, 1951 (No. 100) - Algeria (Ratification: 1962)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. For many years the Committee has been underlining the importance of having full and reliable statistical data on the remuneration of men and women as a basis for drawing up, implementing and then evaluating the measures taken to eliminate pay gaps. The Committee notes that the Government’s report does not contain any information in this regard and that the statistics on net average monthly wages published by the National Statistics Office are not disaggregated by sex. The Committee requests the Government to take the necessary steps to gather and analyse data on pay for men and women for the different occupational categories and in all economic sectors, including the public sector, and to supply such data disaggregated by sex.

Article 2(2). Public service. The Government reaffirms that section 27 of Ordinance No. 06-03 of 15 July 2006 issuing the General Public Service Regulations, which state that “there shall be no discrimination between public servants on the basis of their sex”, gives effect to the Convention. The Committee recalls that the general prohibition on gender-based pay discrimination is usually not sufficient to give effect to the Convention, since it does not take account of the concept of “work of equal value”. This concept is fundamental to addressing occupational sex segregation in the labour market, as it permits a comparison of jobs of a completely different nature, involving differences in knowledge, skills and effort, which are nevertheless of equal value overall (see General Survey on the fundamental Conventions, 2012, paragraphs 673–675). Moreover, in the absence of a clear legislative framework in favour of equal remuneration for men and women for work of equal value, the Committee has repeatedly observed that it has proved difficult for countries to demonstrate that this right is observed in practice, as both men and women workers face problems in asserting their right to equal remuneration for work of equal value vis-à-vis employers, labour inspection services or courts without a specific legal basis. The Committee again requests the Government to consider the possibility of amending the General Public Service Regulations to incorporate a provision establishing equal remuneration for men and women for work of equal value. It also requests the Government to take the necessary steps to raise the awareness of public servants and their organizations, and also of personnel managers with regard to the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective evaluation and classification of jobs in the public service. The Committee notes the Government’s indication that the General Public Service Regulations establish a method of classification based on an objective and measurable criterion, namely the level of qualification certified by titles, diplomas or training. According to the Government, the planned system places the focus on qualifications, competence and personal merit. The Committee considers that this job classification method, in so far as it focuses on the characteristics of the particular person, might have the effect of undervaluing certain skills and certain jobs generally performed by women. The Committee recalls that an objective job evaluation process to establish a classification and determine corresponding remuneration entails an evaluation of the nature of the tasks that each job involves, in terms not only of qualifications but also of skills, effort (mental as well as physical), responsibility and working conditions, and also an evaluation of the post and not of the person who occupies it. Furthermore, when equal remuneration for work of equal value is not explicitly included in the objectives of the evaluation and classification method, there is often the risk that this method will reproduce sexist stereotypes concerning women’s capabilities and aspirations with regard to employment (see General Survey, 2012, paragraphs 700–701). The Committee requests the Government to review the job evaluation and classification method in the light of the above in order to ensure that it is free of any gender bias and does not result in undervaluation of jobs generally occupied by women. The Government is also requested to provide information, disaggregated by sex, on the respective categories of staff (A, B, C and D) in the public service. The Committee recalls that the Government can avail itself of the technical assistance of the Office.

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