Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Guinea-Bissau (Ratification: 1977)

Article 1 of the Convention. Domestic workers. The Committee recalls that, while domestic workers are excluded from the scope of application of the General Labour Act (section 1(2)), the principle of the Convention applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors, and in the formal and informal economy, including domestic workers who are generally characterized by a high proportion of women and particularly low wages (2012 General Survey on the fundamental Conventions, paragraphs 658 and 664). The Committee asks the Government to provide information on any legislative or practical measures taken or contemplated to ensure that in determining wages for domestic workers, who are mostly women, their work is not undervalued in comparison with work in sectors in which men are predominantly employed, as a result of gender stereotypes. With reference to its observation under this Convention, it trusts that any new legislation fully reflects the principle of the Convention by ensuring that the principle of equal remuneration for men and women for work of equal value applies to all workers and all sectors of activities, in both the formal and informal economy, including domestic workers. Lastly, the Committee requests the Government to provide information on the measures taken or envisaged to collect and provide statistical data, disaggregated by gender, on the number of men and women domestic workers and their wages.

Article 2(2)(b). Minimum wages. In its previous comments, with reference to the indication that the Permanent Tripartite Council for Social Dialogue was examining the possibility of adopting a national minimum wage, the Committee asked the Government to provide information on the progress made with the establishment of a national minimum wage, as well as any other wage rates in the various sectors. The Committee notes the Government’s statement in its reports that an agreement has recently been signed by the Government and the trade unions to undertake a study on the fixing of a national minimum wage. The Government adds that wages for public sector workers were increased, which may serve as a basis for fixing minimum wages in the private sector. In this regard, the Committee refers to its observation adopted in 2019 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it noted with regret that a new decree fixing minimum wages had still not been adopted, as the most recent decree fixing minimum wages pursuant to sections 110 and 114 of the General Labour Act had been adopted in 1988 and was outdated. The Committee recalls that the setting of minimum wages is an important means of applying the Convention. As women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap. However, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female”, such as manual dexterity and those required in caring professions, are not undervalued in comparison with traditionally “male” skills, such as heavy lifting (2012 General Survey, paragraphs 682–683). The Committee therefore asks the Government to provide information on any progress made with respect to the establishment of a national minimum wage, as well as any other wage rates in the various sectors. It asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage rates, in both the public and private sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee previously noted the collective labour agreements concluded in the banking sector and the company-level agreement for the telecommunications sector, and asked the Government to provide statistical information on the distribution of men and women by job category and their corresponding wages for these sectors. It notes that the Government has not provided information in this regard. The Committee however notes the Government’s statement that, in the framework of the initiatives to promote tripartite social dialogue, attention will be paid to the realization of awareness-raising campaigns with employers’ and workers’ organizations to ensure the implementation of the Convention, particularly with regard to the notion of ”work of equal value”. Recalling the important role that can be played by collective agreements in the application of the principle of the Convention, especially in light of the absence of any legislation giving effect to the principle of equal remuneration for men and women for work of equal value, the Committee again asks the Government to provide a copy of any updated collective agreements concluded in the banking and telecommunications sectors, as well as any other collective agreements in force containing clauses on wage determination or reflecting the principle of the Convention. It further asks the Government to provide information on the action taken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives.

Article 3. Objective job evaluation. The Committee previously noted the Government’s statement that it intended to request ILO technical assistance to prepare a study on the national classification of jobs in the private sector, and that posts of civil servants were reclassified in accordance with a specific law. It notes the Government’s indication that the Directorate of Labour, Employment and Vocational Training, in conjunction with the Municipal Chamber of Bissau, has proposed a memorandum with a view to organizing and classifying minor occupations which are carried out on public thoroughfares. The Committee once again asks the Government to provide information on the establishment of any objective job evaluation mechanisms and the progress made with regard to the study on the national classification of jobs, including minor occupations carried out on public thoroughfares. It asks the Government to provide a copy of any study or classification adopted to this end, as well as the legislation reclassifying the posts of civil servants, indicating the steps taken to ensure that the reclassification process is free from gender bias.

Enforcement. The Committee previously noted that new regional labour inspectorates had been established in the towns of Bafatá, Bula and Buba, covering the Eastern, Northern and Southern regions of the country, but that, despite the Government’s political will to improve the capacity of labour inspectors, it often lacked the necessary resources to do so. Noting the Government’s statement that the Convention is awaiting implementation and that there are significant difficulties in identifying and dealing with discriminatory situations between men and women, the Committee refers to its 2018 observation on the application of the Labour Inspection Convention, 1947 (No. 81), which highlights the significant and persistent challenges of a financial and material nature in applying the Convention and encourages the Government to submit a formal request to the ILO for technical assistance in that domain. The Committee once again requests the Government to provide information on the steps taken to enhance the capacity of labour inspectors, judges and other relevant authorities to identify and address issues of equal remuneration for men and women for work of equal value, as well as to raise public awareness of the procedures and remedies available. In addition, the Committee asks the Government to provide information on any administrative or judicial decisions related to inequality of remuneration.

Statistics. The Committee notes the Government’s indication that challenges remain regarding the collection of statistics, but that the institutionalization of a national employment statistics system is planned. In this regard, the Committee notes that the Second National Policy for the Promotion of Gender Equality and Equity (PNIEG II) adopted in 2016 sets as a specific objective the improvement of data publication on gender equality and the situation of women in the country, including by setting up a national system to collect and publish information on gender equality and equity. The Committee requests the Government to provide updated information on any progress made in collecting, processing and analyzing statistical data on pay differences between men and women in the various sectors and categories of employment, and to provide any available data, disaggregated by gender.