Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Haiti (Ratification: 1958)

The Committee notes with deep concern that the Government’s report, due since 2013, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

The Committee recalls that, following its general observation of 2017 on the failure by Haiti to comply with its reporting obligations on the application of ratified Conventions for the fifth consecutive year and to the conclusions of the Conference Committee on the Application of Standards in 2018, it noted the Government’s letter received on 30 October 2018 in which it indicated that it was requesting ILO technical assistance, particularly with a view to supplying the reports due, reinforcing inspection services and consolidating social dialogue to pursue social reforms. The Committee notes in this regard that an ILO Coordination Office in Haiti is working on these matters in cooperation with the tripartite constituents. The Committee also notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 29 August 2018 and reiterated on 1 September 2019, the observations of the Trade Union Coordination of Haiti indicating that there is no gender wage discrimination, received on 1 September 2018, and the observations of the Association of Haitian Industries emphasizing that remuneration is based on performance and not gender, received on 31 August 2018. The Committee requested the Government to provide its comments in this regard and notes that they have not been received.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee notes that, according to the information provided by the ILO Coordinator in Haiti, the Domestic Work Act, adopted in May 2009, extending to domestic workers the application of section 317 of the Labour Code, which sets out the principle of equal wages for men and women for work of equal value, had still not been promulgated or published in 2020 (see Information letter of the ILO in Haiti, No. 6, June 2020). While recognizing the difficult situation experienced by the country, the Committee once again requests the Government to take the necessary measures without delay to ensure the entry into force of the provisions of the Domestic Work Act and their incorporation into the current Labour Code. It also requests the Government to provide information on the measures taken to promote, implement and enforce the application of the principle of equal wages for men and women domestic workers, once the Domestic Work Act has entered into force.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation and collective agreements. The Committee recalls that the review of the Labour Code has been ongoing for more than ten years, in collaboration with the Office, and notes that the current situation in the country does not appear to permit its adoption in the near future. While recognizing the difficult situation experienced by the country, the Committee requests the Government to take advantage of the occasion of the review of the Labour Code to amend the provisions of section 65(e) respecting the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value. It also requests the Government to take measures, in cooperation with the social partners, to promote the inclusion in collective agreements, including the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de Développement Industriel (CODEVI), of provisions setting out the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee recalls that in its previous comments it noted that the Higher Wage Council had been reinstated by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, but that, according to the Government, the Council was not operational. The Committee notes that, according to the CTSP, the Council is contested by the most representative organizations of men and women workers. While recognizing the difficult situation experienced by the country, the Committee once again requests the Government to provide information on the establishment of the Higher Wage Council and on its activities in relation to the fixing and adjustment of minimum wages, with an indication of the manner in which it takes into account the principle of equal remuneration for men and women for work of equal value.

Enforcement. Labour inspection. While recognizing the difficult situation experienced by the country and with reference to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee requests the Government to take measures to develop training for labour inspectors on equal remuneration to improve their capacity not only to identify wage discrimination between men and women, but also to raise the awareness of employers, workers and their organizations concerning the principle of equal remuneration for men and women for work of equal value. It once again requests the Government to provide information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of wage discrimination between men and women.

Statistics. The Committee hopes that the Government will soon be in a position to provide recent statistics, disaggregated by sex, on the remuneration of men and women in the private and public sectors so that it is able to assess the application of the Convention in practice.