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

Equal Remuneration Convention, 1951 (No. 100) - Sao Tome and Principe (Ratification: 1982)

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls its previous comments in which it noted that article 43(a) of the Constitution did not fully reflect the principle of the Convention as they refer to equal wages for “equal work” rather than “work of equal value”. The Committee has therefore been emphasizing the need to take further legislative action to ensure full compliance with the Convention. The Committee notes that a draft General Labour Act has been prepared and submitted to the Office for comments. In this regard, the Committee recalls the importance of giving full legislative expression to the principle of the Convention, providing not only for equal remuneration for equal, the same or similar work, but also prohibiting pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraph 679). Hoping that progress will be made soon in the adoption of the draft General Labour Act, the Committee requests the Government to ensure that the Act will give full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers. The Committee also requests the Government, when the opportunity for amending relevant provisions of the Constitution arises, to take the necessary steps to amend article 43(a) of the Constitution.

Article 4. Cooperation with workers’ and employers’ organizations. Since 2007, the Committee has been recalling the important role of workers’ and employers’ organizations with respect to giving effect to the provisions of the Convention. Noting that the Government has not responded to its previous request for information, the Committee therefore again asks the Government to seek the cooperation of these organizations with regard to the establishment of an appropriate legislative framework to apply the Convention, as indicated above, as well as with regard to practical measures to ensure equal remuneration for men and women for work of equal value. The Committee requests the Government to provide information on the progress made in this regard.

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