Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Benin (Ratification: 1968)

Articles 1 and 2 of the Convention. Causes of gaps in remuneration between men and women. Occupational segregation. The Committee notes that, according to the integrated modular survey on household living conditions (EMICoV) provided by the Government, 90.4 per cent of economically active persons aged 15–64 in 2011 were occupied in the informal economy, of whom 95 per cent were women. In the formal private sector, only 7.1 per cent of employed women are higher level employees (compared to 16.7 per cent of men), while 45.5 per cent of women work on their own account (compared to 29 per cent of men). The survey indicates that women’s terms of remuneration are more precarious than those of men, as only 5 per cent of them are salaried (compared to 16.8 per cent of men). In addition, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern about: the low number of women in formal employment; the concentration of women in the informal sector and the lack of measures to facilitate their integration into the formal sector; and the occupational segregation in all sectors, where women are concentrated in typically female occupations, which is encouraged by Government programmes and policies (CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 28 and 29). The Committee requests the Government to indicate the action taken or planned, particularly with regard to the findings of EMICoV, to increase the participation of women in all economic sectors, especially those in which they are less represented, and to enable them to gain access to better paid jobs and sectors, especially through awareness-raising programmes aimed at eliminating stereotyped assumptions about the role of women, in employment and society in general. It also requests the Government to continue to provide statistical data on the situation of men and women in employment, disaggregated by sex, branch of activity and occupational category, and in particular, on their respective levels of remuneration.

Article 2(2). Application of the principle of equal remuneration through collective agreements. With reference to its previous comments, the Committee notes the many extracts from collective agreements supplied by the Government and observes that certain clauses provide for equal salaries “for equal qualifications”, “for equal working conditions, seniority and skills” or “for equal working conditions, skills and output”. The Committee recalls that, while criteria such as qualifications, conditions of work, seniority and skills are certainly relevant for determining the value of jobs when two jobs are being compared, it is not necessary for each criterion to be equal as the determining factor is the overall value of the job, that is when all the criteria are considered as a whole. Noting that such clauses are narrower than the principle of the Convention and recalling that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see 2012 General Survey on the fundamental Conventions, paragraph 677), the Committee once again requests the Government to take the necessary measures, in collaboration with employers’ and workers’ organizations, to ensure that the provisions of collective agreements respect the principle of equal remuneration for men and women for work of equal value, as set out in section 126 of the Labour Code, and to provide information on the progress achieved in this regard.

Determination of minimum wages. The Committee welcomes the adoption of Decree No. 2014-292 of 24 April 2014 increasing the guaranteed inter occupational minimum wage (SMIG). It notes the Government’s indication that, following the adoption of this Decree, discussions on the new minimum wage rates for each branch of activity are currently being held in the National Labour Council (CNT), and welcomes the fact that awareness-raising campaigns have been conducted among CNT members on the concept of “work of equal value”. The Committee requests the Government to provide information on the outcome of the CNT discussions and on the specific measures taken to ensure that the minimum wage rates in branches of activity that employ exclusively or mainly women are not undervalued and are determined on the basis of objective criteria free from any stereotypical assumptions. It also requests the Government to provide any new text establishing wages for specific branches of activity.

Public service. Based on the Government’s indications, the Committee notes that the pay reform in the public service is still under way, but that the Government reiterates its assurances that the principle of equal remuneration for men and women for work of equal value will be taken into account. Expressing once again the hope that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit objective of this reform, the Committee requests the Government to continue providing information on the progress and content of the pay reform in the public service.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the implementation of the principle of equal remuneration is monitored and encouraged by labour inspections following requests for advice made by the social partners. The Committee requests the Government to provide information on labour inspection activities in relation to equal remuneration for men and women, giving examples of specific measures taken in this regard, as well as information on the number and nature of the complaints registered by labour inspectors or courts on this topic.