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

Equal Remuneration Convention, 1951 (No. 100) - Burkina Faso (Ratification: 1969)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee emphasized that the 2008 Labour Code (in the same way as the 2004 Labour Code) does not clearly reflect the principle of the Convention. Although it explicitly establishes the principle of equal remuneration for men and women for work of equal value (section 182(3)), it also provides for equal wages for workers irrespective of sex “under equal conditions of work, vocational qualifications and output” (section 182(1)). The Committee drew attention to the fact that the coexistence of these two provisions may be a source of confusion or even conflict when applying the principle in practice. The Committee notes the information provided by the Government in its report to the effect that, in the context of the forthcoming revision of the Labour Code, a study has been conducted with ILO support on bringing the provisions of the Labour Code into conformity with the ILO fundamental and governance Conventions. The recommendations of the study include the revision of section 182, in response to the Committee’s comments. During the tripartite presentation and validation workshop for this study held in March 2014, a roadmap was adopted and subsequently translated into a plan of action, which is currently being implemented. In this regard, the Committee draws the Government’s attention to the fact that the concept of “work of equal value” relates to the very nature of the work, that is the tasks to be performed, and involves the evaluation of the content of the work based on objective and non-sexist criteria, such as skills and qualifications, physical and mental effort, responsibilities and working conditions. To limit work of equal value to work performed under equal conditions of work, vocational qualifications and output restricts the basis for the comparison of such work, and therefore hinders the full application of the principle of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 672–677). The Committee therefore requests the Government to provide information on the progress achieved in the implementation of the plan of action of the roadmap referred to above, in particular on any measures taken to revise section 182 of the 2008 Labour Code.

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