Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Benin (Ratification: 1968)

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Articles 1–4 of the Convention. Evaluating gender pay gaps and addressing their underlying causes. Occupational segregation. The Committee notes the Government’s indication in its report that statistical information on the situation of men and women in employment, disaggregated by sex, branch of activity and occupational category, and, in particular, data on pay rates are not available since they have not yet been communicated by the bodies concerned. As regards gender segregation in the labour market, the Committee recalls that there are multiple and complex links between the principle of equal remuneration for men and women, and the position and status of men and women more generally in employment and society. Social stereotypes based on traditional views of gender roles in the labour market and in society, including those relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks. This results in certain jobs being held almost exclusively by women and “female” jobs being undervalued for purposes of wage rate determination (see 2012 General Survey on the fundamental Conventions, paragraph 713). In this regard, the Committee notes the information provided by the Government on the measures taken to give women access to a wider range of better paid jobs with prospects of career advancement, in the context of formulating and implementing the “Action plan for equal opportunities in employment and occupation (PAECEP 2021–23)”, which has included covering school fees for 1,127 girls enrolled in industrial science and technology (STI) and in 15 technical and vocational education and training establishments (EFTP), and the waiving of school fees for girls in the 1er cycle (junior high school). The Committee also notes that in this context there are plans to establish a mechanism for promoting the orientation of girls towards technical branches and adopting positive measures for the recruitment of women. The Committee requests the Government to provide information on the positive measures taken, the actions implemented and the results achieved in the context of implementing PAECEP 2021–23 to combat occupational segregation and give women access to better paid jobs and sectors with prospects of career advancement. Noting that information on the measures taken to combat stereotypical views of the abilities and role of women in employment and society in general and data on pay rates for men and women have not been provided by the Government, the Committee hopes that it will soon be possible to communicate this information and encourages the Government to take the necessary steps to establish the conditions required for gathering it.

Public service. The Committee notes the Government’s emphasis on the fact that the issue of respecting the principle of equal remuneration for men and women for work of equal value does not arise in the public service in Benin. In this regard, it explains that: (1) the fixing of wages is based on the grade of each employee irrespective of their sex and that this grade is determined according to the diploma on the basis of which the employee is recruited and their length of service; and (2) this principle is applied to all state employees without distinction and the same applies to the payment of bonuses. The Committee recalls that, despite the existence of pay scales applicable to all officials regardless of their sex, it is necessary to consider other elements to avoid gender pay gaps in the public service. To this end, it is important to pay attention to the criteria and methods used to establish post classifications and the resulting pay scales, including because of possible undervaluation of tasks mainly performed by women, or inequalities in the actual payment of certain additional forms of remuneration, such as bonuses or other advantages. The Committee encourages the Government, as part of thepreviously announced reform of the public service, to review in the light of the equality principle the methods for the classification of jobs in the public service, the classifications themselves and pay scales in order to ensure that they are free from any sexist bias and are not the result of undervaluation of “female” jobs or of tasks mainly performed by women. It also hopes that the principle of equal remuneration for men and women for work of equal value will be duly taken into account and recognized as an explicit goal of this reform.

Article 2(2). Application of the principle of equal remuneration through collective agreements. The Committee notes the Government’s commitment to promote the principle of the Convention vis-à-vis workers’ and employers’ organizations. It notes that the Government indicates that collective agreements which have been drawn up make clear reference to respect for this principle and that it cites the example of the enterprise agreement applicable to the workers at the Beninese Paint and Dye Company (SOBEPEC), which provides that, for work of equal value, wages shall be equal for all workers, irrespective of their origin, sex, age, status or religious affiliation. The Committee requests the Government to take the necessary steps to promote the principle of equal remuneration for work of equal value vis-à-vis the social partners so that it is included in collective agreements and accords and to provide information on any action or measure taken to this end. The Committee also requests the Government to continue providing extracts of collective agreements and accords reflecting the principle of the Convention.

Determination of minimum wages. The Committee notes the Government’s indication that work is ongoing to review the guaranteed interoccupational minimum wage (SMIG) and salaries together with the social partners. In this regard, the Committee recalls that, as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (2012 General Survey, paragraph 683). The Committee requests the Government to send any new text fixing the SMIG, indicating, if possible, the proportion of men and women workers paid at this rate.

Enforcement. Labour inspection. The Committee notes the Government’s indication that 360 and 491 complaints were registered by the labour inspectorate and 1,211 and 1,549 inspections were conducted in 2019 and 2021, respectively, but that these complaints and inspections are of a general nature. The Committee requests the Government to provide information on any measures taken to raise labour inspectors’ awareness and train them in relation to the question of equal remuneration for men and women for work of equal value. The Committee also requests the Government to provide information on pay gaps addressed by the labour inspectorate or the courts.