Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Article 1(a) of the Convention. Additional emoluments. Public service. In its previous comments, the Committee noted that, by virtue of Decree No. 60 55/MFP/T of 30 March 1960 regulating the remuneration and material benefits of officials in State public administrations and establishments, men and women public officials do not benefit from family allowances and other benefits and bonuses under equal conditions. The Committee notes the Government’s reiteration that a woman public official can benefit from family allowances when her husband is not a public official or is deceased and she therefore becomes the “head of family”. The Committee notes that the Decree of 1960 provides for the payment of family allowances only to public officials who are “heads of family”, and that women are effectively considered as such if their husband is deceased (section 20). The Decree also provides for the payment of higher benefits to public officials who are heads of their family. However, under the terms of the Civil Code currently in force, the head of the family is the husband. The Committee recalls that designating the husband as the head of the family can have adverse effects on women regarding the payment of employment-related benefits such as family allowances. It recalls the possibility of allowing couples the choice of who will receive the benefits rather than assuming that benefits should systematically be paid to the man, and only to the woman in exceptional circumstances. In view of the above, the Committee asks the Government to take the necessary measures to ensure that women public officials can benefit from family allowances and other benefits and bonuses on an equal footing with men public officials and, when both members of a couple are public officials, it invites the Government to examine the possibility of allowing them the choice of who will receive the benefits that supplement their wages.

Article 2(2)(a). Implementation of the principle of the Convention. Legislation. Regarding the application of sections 157–160 of the Labour Code of 2012, which define remuneration and provide for the objective appraisal of jobs and the principle of equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that the regulations of the Labour Code are still being formulated. The Committee requests the Government to provide information on the adoption of any implementing texts for provisions of the Labour Code which give effect to the Convention.

Collective agreements. Noting the Government’s commitment to communicating the relevant extracts of the new inter-occupational collective agreement once it has been adopted, the Committee hopes that the Government will raise the awareness of the social partners of the importance of ensuring that it contains clauses on equal remuneration for men and women for work of equal value and the means for the implementation of this principle.

Minimum wages. Job titles. The Committee notes Decree No. 2012 358/PRN/MFP/T of 17 August 2012, fixing the minimum wages for occupational categories governed by the inter-occupational collective agreement provided by the Government. After examining the occupational categories set out in this Decree in the light of the principle of equality between men and women, the Committee draws the attention of the Government to the fact that it is necessary, when defining different jobs and occupations for the fixing of minimum wages, to use neutral terminology to avoid perpetuating stereotypes according to which certain occupations should be held by men and others by women (boy serveur, barman, gouvernante (governess), aide gouvernante (maid), etc.). The Committee requests the Government to examine the possibility of adopting measures, in collaboration with employers’ and workers’ organizations, to ensure the use of gender-neutral terminology for different jobs and occupations in legislation and collective agreements fixing minimum wages.

Enforcement. Labour inspection. While taking due note of the Government’s indication of the low level of human, material and logistical resources in its 2015 observation on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee recalls the Government’s obligation to ensure the effective application of the principle set out in the Convention, and requests the Government to provide information on the measures taken or envisaged to strengthen the capacity of labour inspectors to detect inequalities in remuneration between men and women.

Statistics. Noting the Government’s indications that the data requested will be provided as soon as possible, the Committee requests the Government to take the necessary steps to collect, compile and analyse information, disaggregated by gender, on the employment of men and women in the public and private sectors and on their respective earnings. These data are essential to enable the Committee to assess the application in practice of the principle of the Convention.