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

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

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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.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Causes of gaps in remuneration between men and women. Occupational segregation. The Committee notes the Government’s information that, according to the 2015 comprehensive modular survey on household living conditions (EMICoV), 89 per cent of economically active persons are employed in the informal economy. The survey also reveals that women’s activity rates stand at 60.7 per cent (75.9 for men) and that they are more affected by “visible underemployment” than men (42.8 per cent of women work fewer than 35 hours per week compared with 37.3 per cent of men). The dependent employment rate is lower among women (7.1 per cent) than among men (18.6 per cent). Referring to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee recalls that gender pay gaps stem mainly from the following factors: horizontal and vertical occupational segregation of women into lower paying jobs and occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey of 2012 on the fundamental Conventions, paragraphs 712 and 869). The Committee also notes that the Government envisages conducting a survey on equal opportunities between men and women in employment and occupation in order to ascertain a clear picture of the situation in the country and develop a plan of action in that area. The Committee therefore requests the Government to provide information on the progress made regarding the planned survey and the measures envisaged to ensure that women have better access to paid work and the formal economy, and to a range of opportunities for vocational training and education, in order thereby to have access to a wider range of better-paid jobs with career development prospects. The Committee also requests the Government to take measures to combat stereotypes relating to the capacities and roles of women in employment and society in general. It requests the Government to provide available statistics on the situation of men and women in employment, disaggregated by sex, activity sector and occupational category and, in particular, on their respective rates of remuneration.

Article 2(2). Application of the principle of equal remuneration through collective agreements. The Committee notes that the Government’s report is silent on any amendments to clauses in collective agreements that are narrower than the principle set forth in the Convention (such as, equal salaries for “equal qualifications”, “for equal working conditions, length of service and professional qualifications” and “for equal working conditions, length of service and output”). The Committee therefore requests, once again, the Government to take the necessary measures to encourage employers’ and workers’ organizations to ensure that the provisions of collective agreements respect the principle of equal remuneration for men and women for work of equal value, as set out in section 126 of the Labour Code, and to provide information on the progress achieved in this regard.

Determination of minimum wages. The Committee recalls that as women often predominate in low-wage jobs and that a national standard minimum wage system helps to raise the earnings of the lowest-paid workers, such a system therefore has an impact on the relationship between the wages of men and women, and on reducing the gender pay gap. In this regard, the Committee notes the Government’s indication in its report that the revision of the minimum wage, following the adoption of Decree No. 2014-292 of 24 April 2014 issuing a rise in the minimum interoccupational guaranteed wage rates (SMIG), is not yet effective and that discussions with the social partners are under way to start the revision process. The Committee recalls that the principle of equal remuneration for men and women for work of equal value enshrined in the Convention allows for situations of occupational segregation between men and women to be identified, namely situations in which men and women do not perform the same type of work or are confined to different activity sectors or to posts of different hierarchical levels. In this regard, the Committee wishes to draw the Government’s attention to the fact that, because of this segregation, it is essential, when determining minimum wages or revising minimum wages at the sectoral level, to prevent gender bias and ensure that skills considered as inherently possessed by women (such as manual dexterity or care delivery) are not undervalued in comparison with skills considered as inherently possessed by men (such as physical strength). Remuneration rates should be fixed based on objective criteria, free from gender bias, to ensure that work in sectors employing a high proportion of women is not being undervalued in comparison with sectors employing mainly men. The Committee also wishes to recall that, in defining different occupations and jobs for the purpose of fixing minimum wages, gender-neutral terminology should be used to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman (see the General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee once again requests the Government to provide information on the outcome of the discussions with the social partners and on the specific measures taken to ensure that minimum wage rates in branches of activity that employ exclusively or mainly women are not undervalued and are determined on the basis of objective criteria free from any gender bias, specifying the assessment method for jobs and the criteria used. The Committee once again requests the Government to provide any new text establishing wages by branches of activity.

Application of the principle and determining wages in the public service. The Committee recalls that Act No. 2015-18 issuing the general regulations of the public service does not provide for equal pay between men and women for work of equal value but specifies that “where the conditions of qualification are equal, the State must guarantee equal treatment for civil servants irrespective of the manner in which their work is performed” (section 67). With regard to the determination of wages in practice, the Committee notes that, according to the Government’s report, the process of reform wages in the public service has not been completed. In this respect, the Committee refers to the principles outlined in the above paragraph which are also applicable to the public service. It adds that, when determining the classification of jobs for the purpose of determining wages, it is essential that the method used to assess the tasks that comprise the jobs being classified is based on a set of weighed and objective criteria, such as qualifications (knowledge and skills), responsibilities and efforts (physical, mental and emotional), demanded by the job, as well as the conditions under which the work is carried out (physical environment and psychological conditions). Discrimination can in fact occur as a result of the criteria established to classify jobs, the underestimation of the activities carried out predominantly by women or the inequalities arising from payment of added benefits (bonuses, compensation, allowances etc.) when men and women do not have equal access to work, in law and in practice. The Committee requests the Government to take the necessary measures to ensure that the principle of equal remuneration between men and women for work of equal value is enshrined in the general regulations of the public service and that it is duly taken into account and recognized as a specific objective of wage reform. The Committee requests the Government to continue providing information on the progress, method and criteria used, and the results of this reform. The Committee also requests the Government to ensure that public servants, both women and men, have equal access, in practice, to the various bonuses – which are part of the remuneration within the meaning of the Convention – provided for by the general regulations of the public service.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the principle of the Convention is enforced during inspections of enterprises and when advising the social partners. It also notes that no complaint of discrimination has been filed. The Committee requests the Government to provide information on the monitoring activities carried out by labour inspectors concerning equal remuneration between men and women, specifying the number and nature of the inspections conducted, and information on the number and nature of the complaints dealt with by the Labour Inspectorate or the courts in this area.

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

Articles 1 and 2 of the Convention. Causes of gaps in remuneration between men and women. Occupational segregation. The Committee notes that, according to the integrated modular survey on household living conditions (EMICoV) provided by the Government, 90.4 per cent of economically active persons aged 15–64 in 2011 were occupied in the informal economy, of whom 95 per cent were women. In the formal private sector, only 7.1 per cent of employed women are higher level employees (compared to 16.7 per cent of men), while 45.5 per cent of women work on their own account (compared to 29 per cent of men). The survey indicates that women’s terms of remuneration are more precarious than those of men, as only 5 per cent of them are salaried (compared to 16.8 per cent of men). In addition, the Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expresses concern about: the low number of women in formal employment; the concentration of women in the informal sector and the lack of measures to facilitate their integration into the formal sector; and the occupational segregation in all sectors, where women are concentrated in typically female occupations, which is encouraged by Government programmes and policies (CEDAW/C/BEN/CO/4, 28 October 2013, paragraphs 28 and 29). The Committee requests the Government to indicate the action taken or planned, particularly with regard to the findings of EMICoV, to increase the participation of women in all economic sectors, especially those in which they are less represented, and to enable them to gain access to better paid jobs and sectors, especially through awareness-raising programmes aimed at eliminating stereotyped assumptions about the role of women, in employment and society in general. It also requests the Government to continue to provide statistical data on the situation of men and women in employment, disaggregated by sex, branch of activity and occupational category, and in particular, on their respective levels of remuneration.

Article 2(2). Application of the principle of equal remuneration through collective agreements. With reference to its previous comments, the Committee notes the many extracts from collective agreements supplied by the Government and observes that certain clauses provide for equal salaries “for equal qualifications”, “for equal working conditions, seniority and skills” or “for equal working conditions, skills and output”. The Committee recalls that, while criteria such as qualifications, conditions of work, seniority and skills are certainly relevant for determining the value of jobs when two jobs are being compared, it is not necessary for each criterion to be equal as the determining factor is the overall value of the job, that is when all the criteria are considered as a whole. Noting that such clauses are narrower than the principle of the Convention and recalling that experience has shown that insistence on factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see 2012 General Survey on the fundamental Conventions, paragraph 677), the Committee once again requests the Government to take the necessary measures, in collaboration with employers’ and workers’ organizations, to ensure that the provisions of collective agreements respect the principle of equal remuneration for men and women for work of equal value, as set out in section 126 of the Labour Code, and to provide information on the progress achieved in this regard.

Determination of minimum wages. The Committee welcomes the adoption of Decree No. 2014-292 of 24 April 2014 increasing the guaranteed inter occupational minimum wage (SMIG). It notes the Government’s indication that, following the adoption of this Decree, discussions on the new minimum wage rates for each branch of activity are currently being held in the National Labour Council (CNT), and welcomes the fact that awareness-raising campaigns have been conducted among CNT members on the concept of “work of equal value”. The Committee requests the Government to provide information on the outcome of the CNT discussions and on the specific measures taken to ensure that the minimum wage rates in branches of activity that employ exclusively or mainly women are not undervalued and are determined on the basis of objective criteria free from any stereotypical assumptions. It also requests the Government to provide any new text establishing wages for specific branches of activity.

Public service. Based on the Government’s indications, the Committee notes that the pay reform in the public service is still under way, but that the Government reiterates its assurances that the principle of equal remuneration for men and women for work of equal value will be taken into account. Expressing once again the hope 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 objective of this reform, the Committee requests the Government to continue providing information on the progress and content of the pay reform in the public service.

Enforcement. Labour inspection. The Committee notes the Government’s indication that the implementation of the principle of equal remuneration is monitored and encouraged by labour inspections following requests for advice made by the social partners. The Committee requests the Government to provide information on labour inspection activities in relation to equal remuneration for men and women, giving examples of specific measures taken in this regard, as well as information on the number and nature of the complaints registered by labour inspectors or courts on this topic.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Application of the principle through collective agreements. Cooperation with the social partners. In its previous comments, the Committee drew the Government’s attention to clauses contained in certain collective agreements, including the recently concluded collective agreement applicable to the press, under which equal wages were envisaged under “equal conditions of work, seniority, vocational qualifications or skills”, the Committee considered that the principle set out by this type of clause was more limited in scope than the principle of equal remuneration for work of equal value. According to the Government, there has been an increase in the number of inspection and awareness-raising visits related to the principle contained in the Convention. While noting these indications, the Committee asks the Government to take the necessary measures, in cooperation with the social partners, to promote respect for the principle of equal remuneration between men and women for work of equal value in collective agreements in accordance with section 126 of the Labour Code, and to provide information on steps taken to this effect. The Government is also asked to provide extracts of collective agreements reflecting the principle of equal remuneration between men and women for work of equal value.

Minimum wages. Determination of remuneration. The Committee notes the information submitted by the Government on the way in which wages are established in each branch of activity, taking into account the nature and specific characteristics of the sector, national economy data, corporate data and the cost of living. According to the Government’s report, when wages are being determined, the draft text prepared by the Government is submitted for examination to the National Labour Council (CNT) which monitors “the non-discrimination between men and women in setting wages by branch”. The Committee encourages the Government to conduct awareness-raising campaigns among members of the CNT to assist them in understanding the concept of “work of equal value” which, given that men and women do not usually have the same jobs or carry out the same activities, would contribute towards attaining real equality in remuneration. The Committee asks the Government to submit information on any measures taken in this respect. The Committee also asks the Government to communicate any new text establishing wages for a specific branch of activity.

Application of the principle of equal remuneration for work of equal value in the public service. As regards the study on remuneration in the public service, the Government states that the findings of stage A show that public servants receive various bonuses, sometimes under different denominations, and that it is very difficult to determine the exact number of these bonuses. The Committee notes that stage B reveals that remuneration is higher in the public administration than in the private sector, and that no information is available concerning stage C which is devoted to elaborating possible wage reforms. The Government states that the new wage policy, like the policy at present in force, will take account of the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to provide information on the state of progress and content of the pay reform in the public service. It expresses once again the hope that the principle of equal remuneration between men and women for work of equal value will be duly taken into account and recognized as an explicit target of this reform, especially with respect to the access to bonuses and fringe benefits, and job classifications.

Statistics. The Committee notes the Government’s statement that the statistical information previously requested will be provided as soon as possible. In order to be able to evaluate the application of the principle of equal remuneration between men and women for work of equal value in practice, the Committee hopes that the Government will soon be in a position to provide statistics on the situation of men and women in the labour market, disaggregated by branch of activity and, if possible, by occupational category, as well as on their respective levels of remuneration.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Application of the principle through collective agreements. Cooperation with the social partners. In its previous comments, the Committee drew the Government’s attention to clauses contained in certain collective agreements, including the recently concluded sectoral collective agreement applicable to the press, under which equal wages are envisaged “under equal conditions of work, seniority, vocational qualifications or skills”. The Committee considered that the principle set out by this type of clause was more limited in scope than the principle of equal remuneration for work of equal value, and asked the Government to take measures in order to improve understanding by the social partners of the principle laid out in the Convention. Noting the indication that the Government’s intention is to make all necessary efforts in order to improve social partners’ understanding of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide information on any specific measures taken in this regard and to provide copies of clauses in collective agreements applying the principle of equal remuneration for men and women for work of equal value.

Application of the principle of equal remuneration for work of equal value in the private sector. The Committee notes the statistics of 2006 and 2007 provided by the Government which indicate that the economic activity rates for men and women were almost equal (respectively 51.2 and 54.1 per cent). The Committee notes however that only 1 per cent of working women held management positions (as opposed to 3.3 per cent of men), 1.6 per cent were employees (men accounting for 5.6 per cent), and 23 per cent of women were family helpers (whereas men accounted for 12.2 per cent).The Committee also notes that the rate of self employed women increased from 60 per cent in 2006 to 70.3 per cent in 2007. In its previous comments, the Committee welcomed the measures taken by the Ministry of Labour and the Public Service to promote the employment of women and combat occupational segregation in the labour market, including with respect to education, vocational training and eliminating gender stereotypes. The Committee also drew the Government’s attention to the need to ensure that measures and arrangements intended to allow workers with family responsibilities to have access to vocational training and employment be accessible to workers of both sexes on an equal footing. Noting the absence of information provided on this matter, the Committee again asks the Government to provide detailed information on the implementation of the measures adopted for the employment of women, and their impact on women’s remuneration and on reducing the gender wage gap.

Minimum wages. Determination of remuneration. The Committee welcomes the adoption of Order No. 071/MTFP/DC/SGM/DGT/DRP/SP-CNT on 23 February 2011 concerning the re-evaluation of minimum wages in various branches of the private and para-public sectors, as provided for in Labour Code which contains classification tables of minimum wages for workers. The Committee notes the minimum wage tables provided by the Government for nine branches of economic activity in the private sector (mechanical engineering, hotel industry, house workers, etc.). The Committee also notes the classification of types of occupations provided by the Government which, according to the report, has been developed in collaboration with social partners, and takes into account the national economy data, corporate data, the cost of living, education levels and work experience. The Committee recalls that often men and women work in different branches of economic activity, carrying out different tasks, and occupations, as shown by the statistics provided by the Government for 2006 and 2007. The Committee also recalls that ensuring minimum wages which do not differentiate between men and women is insufficient to ensure that minimum wage setting mechanisms are entirely free from gender bias. The Committee asks the Government to indicate how it is ensured that job classification and minimum wage setting mechanisms in different sectors of the economy and occupations dominated by women, to not undervalue certain capacities considered to be “feminine”, such as manual dexterity, or care for people, in comparison with work of equal value performed by men which use different capacities (such as physical strength). Please provide information on concrete measures taken to ensure that minimum wages in jobs that are held predominantly or exclusively by women are not undervalued and are set on the basis of objective criteria free from gender bias.

Application of the principle of equal remuneration for work of equal value in the public service. The Committee notes from the Government’s report that a study on equal remuneration in the public sector has been launched in July 2011. The Committee asks the Government to provide information on the results achieved by the study on remuneration in the public sector and trusts that the Government will take this opportunity to revise wage policies in the public sector in order to ensure that the principle of equal remuneration for men and women for work of equal value is fully taken into account and recognized as an explicit target of the policy.

Promotion of the principle of the Convention. Other measures. The Committee notes the Government’s indication that awareness-raising activities and training were organized for labour inspectors, judges and social partners, and a study on discrimination in employment and occupation was carried out and validated. The Committee also notes that a national plan against discrimination is currently being developed on the basis of this study. The Committee asks the Government to indicate which measures are taken to promote and ensure the application of the principle of equal remuneration for men and women for work of equal value provided for in the national plan against discrimination and to provide information on their implementation once the plan has been adopted.

Statistical information. The Committee notes the statistical data provided on rates of employment for men and women and their distribution within different types of occupations (manager, employee, labourer, employer, self-employed, apprentice, family helper) during 2006 and 2007. In order to evaluate the application of the principle of equal remuneration for men and women for work of equal value in practice, the Committee asks the Government to provide available statistics on the situation of men and women in the labour market, according to different branches of economic activity and, if possible, by occupation, as well as their respective levels of earnings.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Application of the principle through collective agreements. Collaboration with the social partners. The Government recalls in its report that the general collective labour agreement contains a clause providing for equal wages for men and women for work of equal value. However, the Committee observes that, in the sectoral collective agreement applicable to press personnel concluded recently (in March 2008), equal wages, irrespective of sex, age, origin, social or political situation, are envisaged solely “under equal conditions of work, seniority, vocational qualifications or skills”. The Committee considers that the principle set out by this type of clause, which also appears in other sectoral collective agreements (for example, that of the Benin Electricity and Water Company of 1999), is more limited in scope than the principle of equal remuneration for work of equal value set forth in the Convention as it does not take into account the vertical and horizontal segregation affecting women in the labour market in Benin. If discrimination in remuneration is to be eliminated, it is essential to compare the value of the work performed in such occupations, which may require different qualifications and skills, as well as responsibilities and conditions of work, but is nevertheless of equal value in global terms. The Committee therefore requests the Government to take appropriate measures to improve understanding by the social partners of the principle of equal remuneration for men and women for work of equal value and, in particular, of the concept of “work of equal value” so that they can ensure that this principle is fully reflected in collective agreements.

Application of the principle of equal remuneration for work of equal value in the private sector. The Committee welcomes the measures and action taken by the Ministry of Labour and the Public Service to promote the employment of women and combat the occupational segregation of women in the labour market. It notes in particular the measures to promote equitable school attendance and literacy for girls, boys, men and women, to combat sexist stereotypes, promote vocational training (through the access of girls to technical and scientific courses, the reservation of an equitable percentage of places for women in vocational training courses), and the measures intended to assist mothers in relation to training. With regard to the latter point, the Committee wishes to draw the Government’s attention to the fact that measures and arrangements intended to allow workers with family responsibilities to have access to vocational training and employment should be accessible to workers of both sexes on an equal footing. The Committee encourages the Government to pursue its efforts for the development of women’s skills and requests it to provide detailed information on the implementation of the measures adopted for the employment of women, and their impact on women’s remuneration and in reducing the gender wage gap.

Minimum wages. Determination of remuneration. The Committee notes the adoption of Decree No. 2009-130 of 16 April 2009 raising the minimum inter-occupational guaranteed wage (SMIG) and Order No. 848/MTFP/DC/
SGM/DGT/DRPSS/SRT of 9 December 2008 adjusting the minimum wage rates at the various levels in the private and para-public sectors. It notes that, according to the Government, an occupational classification is applied in all sectors and guarantees the principle set out in the Convention. The Committee requests the Government to provide a copy of the occupational classification referred to above, which was not attached to the report, and to indicate the method used for its establishment.

Application of the principle of equal remuneration for work of equal value in the public service. In its previous report in 2007, the Government indicated that the findings of the study conducted to determine how gender issues are taken into account in the public service would serve as a basis for proposing a national recruitment strategy and a five-year plan of action to restore the balance between men and women in the public sector. The Committee noted from the report that the proportion of women in the best paid jobs was still low. The Committee notes that in its 2009 report the Government confines itself to indicating that the development of the national recruitment strategy for the public service and the five-year plan of action will be included in the workplan of the Ministry of Labour and the Public Service for 2010. The Committee asks the Government to provide information on the content and conclusions of the study on the manner in which gender issues are taken into account in the public service. It hopes that, in the framework of the national recruitment strategy and the five-year plan of action in the public service foreseen for 2010, an objective appraisal of jobs will be envisaged in the public service on the basis of the work that they involve, free from gender bias, with a view to ensuring the application of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information that is as detailed as possible on the objectives of the strategy and the plan in relation to equal remuneration, the measures envisaged and, in particular, the manner in which these measures make it possible to improve the proportion of women in the public service and to reduce the remuneration gap between men and women.

Promotion of the principle of the Convention. Other measures. The Committee asks the Government to indicate the activities undertaken, particularly in the framework of the gender strategy and five-year plan of action, specifically to promote the principle of equal remuneration for men and women for work of equal value in relation to labour inspectors, magistrates and any other authorities competent in the field of equality in employment and occupation.

Statistical information. The Committee notes the Government’s indications that recent statistical data on the employment and remuneration of men and women will be provided once they are available. The Committee emphasizes that it is essential for such data to be made available for the public and private sectors and the informal economy so as to be able to evaluate the application of the principle of the Convention and for the adoption of appropriate measures to reduce the remuneration gap between men and women. The Committee asks the Government to take the necessary measures in the near future so that data can be collected and analysed on the situation of men and women on the labour market and their remuneration levels, if possible by occupational category. The Government is requested to provide these data as soon as they become available.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Determination of pay rates. The Committee notes the information from the Government to the effect that minimum wage scales set the remuneration of workers in nine sectors of activity. It also notes that collective agreements may provide for more favourable minimum wages in light of the specific features of each sector. The Government indicates that sectoral collective agreements have been adopted in certain enterprises and that they recognize the principle of equal pay for work of equal value. The Committee asks the Government to send information on how it is ensured that the remuneration set in collective agreements and minimum wage instruments takes account of the principle of equal remuneration between men and women for work of equal value. Please provide samples of the abovementioned collective agreements and indicate how they implement this principle.

2. Application of the principle of equal pay for work of equal value in the public service. The Committee notes from the Government’s report that 73.23 per cent of public servants are men, as opposed to 26.77 in the case of women. It also notes that women’s share in high-level public service posts remains low, particularly in category A, where pay is highest but where, despite some progress, women’s share is only 22.76 per cent. The Government states that in the interests of improving women’s participation in the public service, a study has been undertaken to determine how gender issues are taken into account in the public service. The results of the study will serve as a basis for proposing a national strategy on recruitment and a five-year plan of action to restore balance between men and women in the public sector. The Committee asks the Government to keep it informed about the adoption of the national strategy on recruitment and the five-year plan of action, and the manner in which these measures will enable the representation of women in the public service to be improved and the wage differentials between men and women to be reduced.

3. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee notes the Government’s statement that in Benin, the problem posed by equal pay for work of equal value is a matter of women’s skills. The Committee also notes from the Government’s report that only a very small proportion of women hold jobs in certain categories where men predominate and that there is a heavy concentration of women in some branches of commerce and catering. It notes that the quest for a strategy to reduce these differences has led to the adoption, for the private sector, of a framework strategy paper together with a five-year plan of action on gender in the working environment. The Government states that there are four strategic components to the plan, the implementation of which will reduce the disparities between men and women and improve women’s competitiveness in the labour market. The Committee asks the Government to provide information on the manner in which the five-year plan of action will make it possible to tackle the vertical and horizontal segregation of women in the labour market and to reduce the wage gap between men and women workers, and to report on the results obtained.

4. Promoting the principle of the Convention. Other measures. In its previous comments, the Committee stated that it understood that the Government was to participate in the second phase of the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC), the objectives of which include promoting equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation. The Government states that in the course of its participation in the second phase of the Programme, it has organized training and awareness-raising activities for public authorities and the social partners on fundamental principles and rights at work. The Committee asks the Government to send information on any activities carried out under the Programme to help the Government and the social partners to build their capacity to reduce the current wage differentials between men and women and to resolve some or all of the issues raised above.

5. Statistical information. The Committee takes note of the statistical data sent by the Government on established state officials. It also notes the information in the report on the survey on job structure in the formal sector carried out in 1997 by the Employment Observatory. The Committee hopes that the Government will do its utmost to include in its next report recent information on the way in which the principle of equal remuneration for work of equal value is applied in practice in the public sector and the private sector.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2 of the Convention. Application of the principle by means of minimum wages. With reference to its previous comments on the minimum wages in the construction and public works sector, the Committee notes that the Government’s report does not include further information on the consideration given to extending the minimum wage legislation to other sectors of employment. Recalling the importance of establishing minimum wages in promoting the application of the Convention’s principle of equal remuneration for men and women for work of equal value, the Committee trusts that the Government will provide this information with its next report.

2. Application of the principle of equal remuneration for work of equal value in the public service. With respect to its previous comments on the low representation of women in the public service, in particular in higher level positions, and its consequences for achieving equal remuneration for men and women for work of equal value, the Committee notes the information provided by the Government on the “Government Action Programme II” (PAG II) which aims at promoting access of girls to higher education. It also notes that continuous training programmes are being organized for middle and senior staff and that the establishment of a permanent system monitoring the promotion of personnel is envisaged. It notes in this regard the information provided by the Government in its report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) on the participation rate of women in these courses. The Committee asks the Government to continue to provide information on these and other measures taken to improve the representation of women in the public service and to illustrate in its next report how these measures have helped to reduce the differences in remuneration between men and women.

3. Application of the principle of equal remuneration for work of equal value in the private sector. The Committee notes the Government’s statement that there is no difference in treatment with respect to access of men and women to the different branches of activity in the private sector. In addition, women working in agriculture increase their income through microfinance credits. While appreciating this information, the Committee must point out that without further detailed information on the measures taken to promote the principle of the Convention in the private sector, it is unable to assess any progress made in the application of the Convention. The Committee recalls that differences in remuneration between men and women are not necessarily related to inequalities in law, but often arise from the concentration and segregation in practice of women in a limited number of occupations and economic sectors. Therefore, proactive policies to promote and ensure the employment of women in a wide range of sectors and occupations can have an important indirect impact on attaining equal remuneration for men and women for work of equal value. The Committee trusts that the next government report will contain more concrete information on how the Government is addressing specifically the vertical and horizontal job segregation of women with a view to reducing the remuneration gap between men and women.

4. Statistical information. For several years the Committee has been asking the Government for disaggregated labour statistics. It notes the Government’s statement that the Labour Statistics Unit is still not operative and that the training of the officials continues, with the assistance of the ILO. The Committee reminds the Government of the importance of gathering relevant statistics, disaggregated by sex, on the earnings of men and women in the various job categories and sectors of employment, and hopes that the Government will make every effort to include in its next report at least some of the statistics that the Committee had requested previously. In the meantime, the Committee would appreciate receiving all available information on how the principle of equal remuneration for work of equal value is applied in practice.

5. The Committee understands that the Government will participate in the second phase of the Programme for the Realization of the Declaration on Fundamental Principles and Rights at Work (PAMODEC), which has amongst its objectives the promotion of equality of opportunity and treatment with a view to eliminating discrimination in employment and occupation, including wage discrimination. The Committee welcomes this initiative and hopes that the activities carried out under this Programme will assist the Government and the social partners in building their capacity to reduce existing pay differentials between men and women, and to address all or some of the points raised above.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports and asks the Government to provide information on the following points.

1. With reference to its previous comments, the Committee notes the Government’s statement that training of the officials of the labour statistics unit is ongoing with the assistance of the ILO Office. It also notes that once the unit is operational, the Government will take into consideration the Committee’s request for statistical information to be compiled on the participation of men and women in the grades and posts of the different wage scales appended to the collective agreements previously supplied by the Government. The Committee hopes that the Government will soon be in a position to provide the information requested.

2. The Committee notes that workers receiving the minimum wage work in the construction and public works sector. Noting the Government’s statement that it is not in a position to provide information on the proportion of men and women amongst these workers, the Committee encourages the Government to include the gathering of such data in the abovementioned initiatives to compile disaggregated labour statistics. The Government is also requested to indicate whether it has any intention of including other sectors of employment and categories of workers within the minimum wage legislation.

3. With regard to the application of the principle of equal remuneration in the public sector, the Committee notes the Government’s statement that recruitment in the public sector takes place without discrimination. Referring to the previous statistics provided by the Government, which revealed the low representation of women in public service, especially in the higher categories A and B, the Committee draws once again the attention of the Government to the fact that the situation of women in the labour market is one of the origins of inequalities in remuneration levels between men and women. It therefore reiterates its request to provide information on any measures taken or contemplated to increase the participation of women in the public service, especially in the higher level categories in which they are under-represented.

4. The Committee notes the information provided by the Government on measures taken: to improve women’s employment in the private sector, such as including a statement in certain job announcements that preference will be given to female candidates; to create a legal framework in favour of self-employed women and women entrepreneurs; and to assist women in the informal economy. The Committee asks the Government to continue to provide information on the specific measures taken or envisaged to promote access of women to a wide range of activities in the private sector, and to indicate how these measures have affected the levels of women’s income and whether they have helped to reduce wage disparities between men and women in the private sector.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report, and the attached documents.

1.  The Committee notes the collective agreements for the purchasing centre for essential drugs and consumable medical supplies, the staff of the administrative office of the Stadium of Friendship (OGESA), and for the Electricity and Water Company of Benin, as well as the agreement establishing the transport workers’ fund. The Committee notes the wage scales appended to each collective agreement and observes that these are established on the basis of grades and steps attributed to each post, without distinction between the sexes. The Committee asks the Government to endeavour to compile statistical information on the participation of men and women in the different posts, at all wage levels. It notes that the Government expressed the wish in its 1998 report to benefit from the technical assistance of the ILO for this purpose.

2.  The Committee notes the rise in the minimum inter-occupational guaranteed wage (SMIG), under the terms of Decree No. 2000-162 of 29 March 2000. It asks the Government to provide information on the workers who receive the minimum wage, the sectors in which they are employed and the proportion of men and women among these workers.

3.  The Committee notes that the statistics on the distribution of men and women in the public service show identical rates to those provided in the previous report, namely between 26 and 27 per cent of women and between 73 and 74 per cent of men. The Committee notes the Government’s statement that schooling for girls has been made free of charge in rural areas as a means of promoting their access to education and training. The Committee asks the Government to provide information on any other specific measures which have been taken or are envisaged to promote the access of women to all categories of jobs in the public service and in the private sector, as well as to jobs in branches of activity where their numbers are low.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the information contained in the collective agreements appended to the report. Under the terms of sections 29 to 46 of the collective labour agreement for banks and financial establishments in Benin, which was appended to the report, remuneration in this sector is determined by a method involving classification of jobs by points, which does not contain distinctions based on the sex of the worker. Under the terms of section 37 of the collective labour agreement for private, religious and social medical care, the wage is equal for employees, irrespective of their age, sex or origin, for equal conditions of work, seniority, vocational qualifications and output. This wording is also used in the collective agreement issuing the general regulations and conditions of service of staff in the Benin Office for Port Maintenance (section 29), the collective agreement for the National Beverages Society (section 41) and the collective agreement for the oleaginous products industry (section 41), which were appended to the report of 1991. While noting that wage determination may not be based on sex, the Committee would like to draw the Government's attention to the fact that sexual stereotyping can easily enter into the process, resulting in an undervaluation of jobs held mainly by women. The Committee hopes that the Government will encourage the social partners to make every effort to eliminate indirect gender bias in the determination of remuneration, in accordance with the new Labour Code and the Convention.

2. The Committee notes the results of the census of public officials carried out in 1997 with regard to the distribution by sex of public servants at the various levels. It notes that the percentage of women (26 per cent) remains substantially lower than that of men (74 per cent) for the public service as a whole and hopes that the Government will provide information on the specific measures which have been taken or are envisaged to promote the access of women to all categories of the public service and, in the private sector, to jobs in sectors in which they are not well represented, taking into account the fact that the situation of women in the labour market is one of the origins of inequalities in remuneration between men and women.

3. The Committee notes the Government's indication that the Ministry of the Public Service, Labour and Administrative Reform does not have a labour statistics unit and requests the assistance of the International Labour Office. The Committee requests the Government to continue carrying out censuses and to provide any statistics that are available which would permit the Committee to assess the extent to which the Convention is applied in Benin.

4. The Committee notes that the supervision of the application of the Convention is ensured by the labour inspection services. It would be grateful to be kept informed of any cases that are reported of violations of the principle of equal remuneration and on any penal and administrative measures that are taken as a result.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

With reference to its previous comments on the determination of wages, the Committee notes with satisfaction the adoption of Act No. 98-004 of 27 January 1998, which promulgated the Labour Code of the Republic of Benin. Section 208 of the Code is worded in accordance with the terms of the Convention: "For work of equal value, the wage shall be equal for all workers irrespective of their origin, sex, age, status and religion, under the conditions set out in the present Code."

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

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the Government's indication that the draft new Labour Code has been submitted to the Government for submission to the National Assembly. The Government recalls that the ILO provided technical assistance at the drafting stage. The Committee hopes that the Government will take account of its comments on the application of this Convention and trusts that the new Labour Code will guarantee equal remuneration for work of equal value for men and women, in accordance with the principle of the Convention. It asks the Government to keep it informed of progress towards the adoption of the new Code.

2. The Committee notes that it has no recent statistical data enabling it to assess how the principle of equal remuneration laid down in the national legislation is applied in practice. It would be grateful if in its next report the Government would supply:

(i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women broken down, if possible, by occupation, sector of activity, seniority and qualification level, as well as information on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Further to its previous direct requests, the Committee notes the Government's report.

1. The Committee notes the Government's indication that the draft new Labour Code has been submitted to the Government for submission to the National Assembly. The Government recalls that the ILO provided technical assistance at the drafting stage. The Committee hopes that the Government will take account of its comments on the application of this Convention and trusts that the new Labour Code will guarantee equal remuneration for work of equal value for men and women, in accordance with the principle of the Convention. It asks the Government to keep it informed of progress towards the adoption of the new Code.

2. The Committee notes that it has no recent statistical data enabling it to assess how the principle of equal remuneration laid down in the national legislation is applied in practice. It would be grateful if in its next report the Government would supply:

(i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels;

(ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and of women broken down, if possible, by occupation, sector of activity, seniority and qualification level, as well as information on the corresponding percentage of women.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the Government's report and the communications by which the texts of certain collective agreements were transmitted.

1. With regard to the determination of wages which, by virtue of section 79 of the Labour Code, is based on the principle of the equality under equal working conditions, occupational skills and output (a principle which is contained in collective agreements), the Committee indicated in its previous comments that the above principle appeared to be more limited in scope than the Convention which, in Article 2, paragraph 1, provides for equal remuneration for work of equal value, which also means when the work that is performed is of a different nature but of equal value. The Committee notes that, according to the Government, account has always been taken of the equal value of work but that, when formulating the provisions of the new Labour Code, the principle will be set out in accordance with the terms of the Convention. The Committee hopes that these provisions will be drawn up in a manner that corresponds to the Convention and that the next report will indicate the progress achieved in the adoption of the new Labour Code.

2. The Committee notes the appeal procedures that are available under the law to men and women workers who believe they have been discriminated against in terms of their remuneration. The Commitee hopes that the Government will be in a position to supply with its next report copies of decisions handed down in this context and reports of the labour inspection services in which problems have been noted in the practical application of the principle.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous comments, the Committee requested the Government to supply information on the application of the Convention in practice and to supply a copy of the annexes to collective agreements applicable to various occupational branches (and particularly to those which employ a large number of women) which establish the classification of jobs and determine the minimum wages for each occupational category. The formulation of these annexes is envisaged in the Preamble and in section 58 of the General Collective Agreement of 17 May 1974, which is still in force.

In its last report, the Government replies that due to financial difficulties it is not in a position to supply a copy of these documents and that each occupational branch has either a specific collective agreement to which the various enterprises adhere, or create their own protocol agreements. As regards the branches employing a large number of women, it states that it has never undertaken a survey on this subject, since employers are bound to accept the workers made available to them by the employment services, which select the persons concerned on the basis of their occupational skills.

The Committee notes these indications and, while being aware of the financial problems described by the Government in its report, it once again expresses the hope that it will be possible for it to supply a copy of some of the most recent specific collective agreements applicable in particular to branches which employ women workers (irrespective of their numbers) and of the protocols annexed to these agreements which contain the wage rates determined for the various categories of jobs. The minimum wage tables supplied by the Government concern the readjustment of these wages and do not make it possible to assess the extent to which effect is given to the principle of equal remuneration.

2. The Committee also notes that, under section 30 (title IV) of the General Collective Agreement, the wage of each worker is determined according to the job that he or she is assigned. It also notes the statement to the effect that, in practice, for the classification of the various jobs, reference is made in Benin to the International Standard Classification of Occupations established by the ILO.

The Committee would be grateful if the Government would indicate in its next report the methods and criteria used to make an objective evaluation of these jobs for the purpose of determining the applicable wages, particularly in cases in which wages are higher than the minimum statutory level. The Committee requests the Government to refer in this connection to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration.

3. The Committee also requested the Government to indicate how effect is given in practice to the principle of equal remuneration for work of equal value set out in the Convention, in view of the fact that section 79 of the Labour Code (and the corresponding provisions of collective agreements) appears to be more limited in scope than the Convention since it requires equal working conditions, occupational skills and output in order to obtain equal remuneration. The Government indicates in reply that the classification of workers by occupational category for the purposes of remuneration takes into account above all their training and their occupational references, and that equality of working conditions and output does not in any way mean that strength has to be the same in view of the physiological and sociological differences between the sexes. The Committee notes these statements and, as it has been informed that a new Labour Code is being prepared, hopes that the provisions of this new Code relating to the principle of equal remuneration will be drawn up so as to correspond to Article 2, paragraph 1, of the Convention, by referring, for the application of this principle, not to personal characteristics, but to the equal value of the work. The Committee requests the Government to indicate any progress achieved in this connection.

4. The Government also states that the question of remuneration is regulated by the legislation and that any person who may feel prejudiced in practice can obtain satisfaction through the normal appeal channels. The Committee notes this statement and requests the Government to indicate the bodies to which appeals may be made and to supply some examples of the decisions handed down in this context concerning, in particular, appeals by women against the non-observance by the employer of the principle of equal remuneration set out in the Convention.