Equal Remuneration Convention, 1951 (No. 100) - Egypt (Ratification: 1960)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. With reference to its previous comments, the Committee notes that the Government’s report does not contain any information in this regard. It notes from the 2019 World Bank Women Economic Empowerment Study that : (1) women’s labour force participation has declined from 27 per cent in 2006 to 23.1 per cent in 2016 and they are over-represented in public sector employment (only 18 per cent of the female workforce is employed in the private sector compared to 36 per cent in the government and public sectors combined) and in the informal economy; and (2) women, on average, get paid 34 per cent less per hour than their male counterparts and are under-represented in boards of companies (9.7 per cent) as well as in managerial positions (7.1 per cent); and (3) that views about marriage are a major cause of the low participation rate of women and determines in large part the nature of their participation in the labour market. Moreover, according to the Equal Pay International Coalition (EPIC), as a result of gender-based discriminatory work practices, there is still evidence of a gap in the average wages of women compared to men. Those discriminatory work practices result in a high concentration of women in jobs placed at the bottom of the career ladder. The Committee recalls that the gender pay gap remains one of the most persistent forms of inequality between women and men and an obvious example of structural gender discrimination The continued persistence of significant gender pay gaps requires that governments, along with employers’ and workers’ organizations, take more proactive measures to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. Collecting, analysing and disseminating this information is important in identifying and addressing inequality in remuneration (see 2012 General Survey on the fundamental Conventions, paragraphs 668-669). Noting the persistent gender pay gaps, the Committee asks the Government to provide information on any measures adopted, in cooperation with workers’ and employers’ organizations, to combat gendered assumptions in relation to women’s participation in the labour market and to specifically address occupational gender segregation and to increase the labour force participation rate of women in the formal labour market. The Committee also asks the Government to provide up-to-date statistical data, disaggregated by sex, on the distribution of workers in the different sectors of the economy, by occupational category, both in the public and private sectors, specifying their corresponding remuneration levels, and any available data assessing the gender pay gap in different sectors of the economy.

Article 2(2)(b). Wage determination. The Committee notes that the Government’s report is silent on this point. The Committee therefore asks once again the Government to indicate the manner in which the National Wages Council ensures, when determining wage structures, that wage rates are fixed based on objective job evaluation using objective criteria, free from gender bias, and that occupations, sectors and activities in which women predominate are not being undervalued in comparison with those of men who are performing different work requiring different skills, qualifications, efforts and responsibilities, and with different working conditions.

Awareness raising and enforcement. The Committee notes that the Government’s report is silent on this point. The Committee asks the Government to provide information on:

• (i)any training activities envisaged to improve the capacity of labour inspectors to detect and address pay inequalities; and
• (ii)any awareness-raising activities regarding the principle of equal remuneration for men and women for work of equal value among workers, employers and their organizations. It also asks the Government to provide information on the number, nature and outcome of any violations of the Labour Law in relation to pay discrimination dealt with by the courts.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee had pointed out previously that, while section 35 of the Labour Law No. 12 of 2003 prohibits discrimination in wages based, among other grounds, on sex, and while section 88 is a general non-discrimination provision applying specifically to women workers where their working conditions are similar (or analogous), neither section gives effect to the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee notes with regret that the Government’s report does not contain any information in this regard and merely refers to its previous replies in which it referred to the Constitution (general prohibition of discrimination), and to pending draft amendments to the Labour Law. The Committee, once again highlights that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on the fundamental Conventions, paragraphs 673–675). The Committee once again asks the Government to take the necessary steps to amend the relevant provisions of the Labour Law No. 12 of 2003, so as to provide not only for equal remuneration for men and women where their working conditions are similar or analogous but also to ensure equal remuneration for men and women in situations where they perform different work, requiring different skills, qualifications, efforts and responsibilities, and with different working conditions, that is nevertheless of equal value overall. It asks the Government to provide information on any steps taken in this regard.

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

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. In its previous comment, the Committee had noted that women were predominantly employed in the public sector, with a very low rate of female participation in the private sector. It had therefore suggested to the Government to undertake a study to determine the nature, extent and causes of gender pay gaps that may exist both in the public and the private sectors. In its response, the Government merely states that wage determination in the public sector as well as in the private sector is not based on sex but on grade, seniority, experience and skills. While equal remuneration for men and women for work of equal value is a principle that is widely accepted, the scope of the concept and its application in practice are more difficult to grasp and apply. That is why the gender pay gap remains one of the most persistent forms of inequality between women and men and an obvious example of structural gender discrimination (see 2012 General Survey on the fundamental Conventions, paragraphs 668 and 672). The Committee stresses that the gender pay gap is a high-level indicator of the difference between women’s and men’s earnings and that factors that contribute to the gender pay gap are, inter alia, the jobs women do (as women are more likely to be clustered in a narrow range of occupations and at the bottom or middle of an enterprise); the value put on women’s jobs (the skills and knowledge that women contribute in female-dominated occupations may not be recognized or valued appropriately in comparison to other jobs); and work arrangements and caring responsibilities (more women combine primary caregiving with part-time work, which tends to be more readily available in lower-paid occupations and positions). Consequently, the Committee requests once again the Government to examine the possibility of undertaking a study to determine the nature, extent and causes of gender pay gaps that may exist both in the public and the private sectors and limits women’s access to better paying occupations and positions.

Wage determination. In its report, the Government reiterates its explanation concerning the terms of reference of the National Wage Council under Order No. 983 of 2003, and indicates in this regard that the most important tasks of the Council are to set minimum wages at the national level while taking into account the cost of living to ensure a minimum living wage for workers, determine the structure of wages in different occupations, sectors and activities, and formulate a national policy on wages. In this respect, the Committee wishes to draw attention to the important role of minimum wages in the context of wage-determination machinery, as the setting of minimum wages is an important means by which the Convention is applied. The minimum wage system helps to raise the earnings of the lowest paid and therefore has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap – as women predominate in low-wage employment. Minimum wages are, however, often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Consequently, 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” are not undervalued. Even though regulations determining the minimum wage do not make a distinction between men and women, it is not sufficient to ensure that there is no gender bias in the process. Rates should be fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. In addition, 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 2012 General Survey, paragraph 683). The Committee, again, asks the Government to indicate the manner in which the National Wages Council ensures, when determining wage structures, that wage rates are fixed based on objective criteria, free from gender bias, and that occupations, sectors and activities in which women predominate are not being undervalued in comparison with those of men who are performing different work and using different skills.

Awareness raising and enforcement. The Committee notes from the Government’s report that the Central Department for Development and Administrative Training organized 14 training sessions on the concept of “work of equal value” and on objective job evaluation methods which were attended by 178 male and 132 female labour inspectors. The Committee requests the Government to provide information on the content of the training courses mentioned in the report, and on the enforcement activities of the labour inspectorate in the field of wage discrimination, as well as on any judicial decisions relating to the principle of equal remuneration.

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

Articles 1(b) and 2 of the Convention. Work of equal value. Legislation. In its previous observation, the Committee had emphasized once again that the equal remuneration provisions of Labour Law No. 12 of 2003 did not fully reflect the principle of equal remuneration for men and women for work of equal value as laid down in the Convention and noted that a committee had been established to review the provisions of this Law with a view to bringing the labour legislation into line with ratified international labour standards. In its report, the Government merely states that the Constitution adopted in 2014 prohibits discrimination. In this respect, the Committee observes that the new Constitution still does not expressly reflect the principle of equal remuneration for men and women for work of equal value contained in the Convention. It notes however that, according to the Government, the pending amendments to the Labour Law, drafted with the technical assistance of the Office, take into account the principle of equal remuneration for work of equal value. The Committee also notes that preliminary steps have been taken with a view to the adoption of an act specifically addressing gender equality. Consequently, the Committee once again requests the Government to seize the opportunity presented by the current review of the Labour Law and by the drafting of an act on gender equality to ensure that full legislative expression is given to the principle of equal remuneration between men and women for work of equal value, so as to address situations where men and women perform different work, which is nevertheless of equal value.

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

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

Assessment of the gender pay gap. The Committee recalls its previous comment in which it noted that women were predominantly employed in the public sector, with a very low rate of female participation in the private sector (around 22 per cent) and also the difficulty in assessing the gender pay gap. The Committee asks the Government to indicate the measures taken or envisaged with a view to narrowing the gender pay gap and addressing occupational sex segregation, for example, by undertaking a study to determine the nature, extent and causes of gender pay gaps that may exist both in the public and the private sectors.

Wage determination. In its report, the Government reiterates its explanations concerning the terms of reference of the National Wage Council under Order No. 983 of 2003 and indicates in this regard that the most important tasks of the Council are to set minimum wages at the national level while taking into account the cost of living to ensure a minimum living wage for workers, determine the structure of wages in the different occupations, sectors and activities and formulate a national policy on wages. The Committee also notes from the Government’s report that as part of a conference on social dialogue, discussions on the fixing of minimum wages in the private and public sectors are currently ongoing with the social partners. Further to its previous request, the Committee again asks the Government to indicate the manner in which the National Wages Council ensures, when determining wage structures, that wage rates are fixed based on objective criteria, free from gender bias, and that occupations, sectors and activities in which women predominate are not being undervalued in comparison with those of men who are performing different work and using different skills.

Awareness raising and enforcement. The Committee notes from the Government’s report that the training sessions on the concept of “work of equal value” and on objective job evaluation methods have not yet taken place but that the Government hopes to receive ILO technical assistance in this regard. The Committee asks the Government to provide information on any further steps taken to advance the training on “work of equal value” and objective job evaluation methods. It also asks the Government to provide information on the enforcement activities of the labour inspectorate in the field of wage discrimination, as well as on any judicial decisions relating to the principle of equal remuneration.

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

Article 1 of the Convention. Work of equal value. Legislation. In its previous observation, the Committee emphasized once again that the equal remuneration provisions of Labour Law No. 12 of 2003 did not fully reflect the principle of equal remuneration for men and women for work of equal value as laid down in the Convention. The Committee therefore urged the Government to take appropriate measures to amend the provisions of the Labour Law so as to provide not only for equal remuneration for men and women for equal, the same or similar work but also to address situations where men and women perform different jobs, using different skills and involving different working conditions, but which are nevertheless jobs of equal value. In its reply, the Government reiterates its position that sections 35 and 88 of the Labour Law give full effect to the Convention. The Committee recalls that section 35 prohibits discrimination in wages based on, among other grounds, sex. While such a prohibition is a complementary aspect of equal remuneration for work of equal value, it is not in itself sufficient to give effect to the Convention, as it does not give effect to the principle of “work of equal value” (General Survey on fundamental Conventions, 2012, paragraph 676). The Committee notes further that section 88 is a general non-discrimination clause applying specifically to women workers where their working conditions are similar (or analogous). Neither section 35 nor section 88 refer specifically to “work of equal value”. The Government considers that the phrase “work that is similar” is equivalent to the phrase “work of equal value”. However, the Committee recalls that “work of equal value”, while including comparisons between jobs involving similar or analogous work, also encompasses comparisons between jobs that are entirely different in nature, but which are nevertheless of equal value.

The Committee notes, however, that pursuant to Ministerial Order No. 60 of 2011, a committee has been established to review the provisions of Labour Law No. 12 of 2003 and its amendments with a view to bringing the labour legislation into line with international labour standards. The Committee also notes that preliminary steps have been taken with a view to the adoption of an Act specifically addressing gender equality. The Committee urges the Government to take the opportunity presented by this review of the Labour Law and by the drafting of an Act on gender equality to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on the status of the work of the committee reviewing the Labour Law and regarding the drafting and adoption of an Act on gender equality.

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

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

Wage determination. According to the Government’s report, the members of the National Wages Council (NWC), which determines the structure of wages, do not have adequate knowledge of the concept of “work of equal value” and a training session is being prepared in this respect for all the persons concerned. While noting this information, the Committee asks the Government to provide information on the method used by the NWC to determine wages, including minimum wages, in the different activities and occupations and to indicate how it is ensured that such determination is free from gender bias.

Awareness raising and enforcement. The Committee notes from the Government’s report that several symposia were held on the rights provided by the Convention and were attended by the social partners. The Government indicates that it is envisaged to organize training sessions for labour inspectors on wage discrimination within the framework of the Administrative Training Centre at the Ministry of Manpower and Migration. With respect to complaints mechanisms, the Committee notes that the National Council of Women (NCW) is competent to deal with cases of wage discrimination. Taking due note of this information, the Committee asks the Government to provide specific information with respect to the following:

(i)    any enforcement activities carried out by labour inspectors in the field of wage discrimination (inspection visits carried out, cases identified, sanctions imposed, etc.);

(ii)   the number and nature of cases dealt with by the NCW, including information on their outcome;

(iii)  the manner in which the Public Department of Labour Inspection and the NCW collaborate in enforcing equal remuneration legislation;

(iv)  any judicial decision relating to the principle of equal remuneration for men and women.

Assessment of the gender remuneration gap. The Committee welcomes the statistics regarding the average weekly wages of men and women by occupation and by sector of the economy as well as the occupational classification which were annexed to the Government’s report. According to the statistics for October 2007 which cover 14 sectors of the economy, overall women in the private sector earned some 90 per cent of men’s weekly wages. The Committee notes that women earn higher weekly wages than men in a number of areas, including construction, transport and financial intermediation, which might be due to the fact that women working in these sectors, in which men predominate to a very large extent, occupy higher level positions. Since the participation of women in the private sector is very low (around 22 per cent), the Committee considers that it is difficult to assess accurately the existing gender remuneration gap and have an adequate picture of wages differentials. The Committee therefore encourages the Government to consider undertaking a study to determine the nature, extent and causes of any pay differentials that may exist both in the private and the public sectors, in order to design and implement appropriate mechanisms and measures to address effectively such differentials; this study could also include the review of the occupational classification to ensure that the terms used to describe a category of workers are gender neutral. The Government is also asked to continue to provide statistical information on wages, disaggregated by sex and sectors of the economy, including the public administration.

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

Article 1 of the Convention. Work of equal value. For a number of years, the Committee has been pursuing a dialogue with the Government regarding the concept of “work of equal value”. In its previous comments, the Committee noted that sections 35 and 88 of the Labour Law, 2003, prohibited sex discrimination in wages but only referred to “analogous working conditions”. The Committee pointed out that the Labour Law did not fully reflect the principle of equal remuneration for work of equal value and had therefore urged the Government to take the necessary measures to give full legislative expression to this principle. The Committee notes that the Government’s report contains no information with respect to any envisaged legislative change. It recalls that the equal remuneration provisions of the Labour Law are narrower than the principle as laid down by the Convention, and thus may hinder progress in eradicating gender-based pay discrimination. The Committee, however, notes the Government’s indication that training sessions on the concept of “work of equal value” for the persons concerned, such as the members of the National Wages Council, are envisaged in collaboration with the ILO. The Committee once again urges the Government to take the necessary steps to amend the relevant provisions of the Labour Law, 2003, so as to provide not only for equal remuneration for men and women for equal, the same or similar work but also to prohibit remuneration discrimination that occurs in situations where men and women perform different work, using different skills and involving different working conditions, that is nevertheless of equal value. The Committee also asks the Government to provide information on any training sessions organized on the principle of the Convention for the persons in charge of determining wages as well as any action taken following such training to ensure the full application of equal remuneration for men and women for work of equal value.

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

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

1. Article 1 of the Convention. Work of equal value. The Committee recalls its previous comments noting that sections 35 and 88 of Labour Code No. 12 of 2003 prohibiting sex discrimination with respect to wages and working conditions did not fully apply the principle of the Convention. While noting the explanations by the Government that the wording “analogous working conditions” meant “work of equal value”, the Committee had recalled that the Convention, by referring to “work of equal value” implied a comparison not only of wages received by men and women performing the same work, but also of wages received by men and women performing different types of work which are nevertheless of equal value. The Committee notes that the Government reaffirms that sections 35 and 88 of the Labour Code apply the provisions of the Convention. The Committee also notes the Government’s indication that a tripartite round table was organized, in collaboration with the ILO, for officials in charge of supervising the application of the Convention and the Labour Act, as well as workers’ and employers’ organizations, to clarify the concept of equal remuneration for men and women for work of equal value. The round table concluded that a tripartite committee should be set up to examine the manner in which the principle of equal remuneration was applied in accordance with the Convention, and work is under way in this regard. Recalling its general observation of 2006 on this Convention, the Committee urges the Government to take the necessary steps to amend the relevant provisions of the Labour Act of 2003 so as to provide not only for equal remuneration for equal, the same or similar work but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee also asks the Government to provide information on the progress made by the tripartite committee in examining the application of the principle of equal remuneration for men and women for work of equal value.

2. National Wages Council. The Committee notes the information provided by the Government that the most important task of the National Wages Council is to set minimum wages at the national level while taking into account the cost of living to ensure a minimum living wage for workers. The Committee had previously noted that the Council is also charged with determining the structure of wages in the different professions, occupations and activities. The Committee refers to its general observation of 2006 and asks the Government to indicate in its next report the manner in which the National Wages Council ensures, when determining wage structures, that professions, activities and occupations in which women predominate are not being undervalued in comparison with those of men who are performing different work and using different skills.

3. Enforcement. The Committee notes the Government’s statement that one of the most important tasks of the labour inspectors is to monitor the provisions of the Labour Code, including sections 35 and 88. The Government further states, however, that no violation of the provisions on equal remuneration has been reported nor has there been any judicial decision rendered in this regard. The Committee recalls that the absence of complaints of discrimination in remuneration does not necessarily indicate an absence of discrimination. It often results from the absence of an appropriate legal framework to bring discrimination claims, a lack of awareness and understanding among workers as well as law enforcers of the right to equal remuneration for men and women, and an absence of accessible dispute resolution procedures. In its general observation of 2006, the Committee underlined the important role of judges and labour inspectors in ensuring the application of the Convention and encouraged governments to undertake action to assist them in this role. The Committee therefore welcomes that the abovementioned tripartite round table was especially organized to clarify the concept of equal remuneration for men and women for work of equal value for officials in charge of supervising the application of the Convention and the Labour Act. The Committee asks the Government to continue to provide specific training to labour inspectors in the area of equal remuneration so that they are better able to identify and deal with cases of unequal remuneration between men and women in the workplace. Please also provide information on the measures taken or envisaged to raise awareness among workers and employers of the rights under the Convention, and to ensure that complaints mechanisms are accessible to all.

4. Part V of the report form. Earnings differentials between men and women. In its previous comments, the Committee noted the statistics for 2002 on earnings differentials between men and women in the different economic activities. In the public sector, the average weekly earnings of men and women were balanced, while in the private sector women received 85 per cent of men’s average weekly wages. The Committee notes that the statistical tables for 2005 attached to the Government’s report on weekly wages by region, occupation and economic activity are not disaggregated by sex, which makes it difficult to assess the progress made in reducing the gap in earnings differentials between men and women. The Committee asks the Government to provide in its next report up to date statistical information, disaggregated by sex, on the distribution of men and women in the various economic activities and occupations, as well as an indication of their corresponding earnings. The Committee also reiterates its request to the Government to indicate the specific measures taken to address the existing gender wage gap in the public and private sectors, and hopes that the work carried out by the tripartite committee on equal remuneration will be of assistance in this regard.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes the information provided by the Government in reply to its previous comments concerning section 35 (prohibiting discrimination in wages on the basis of sex) and section 88 (prohibiting discrimination against women "once their working conditions are analogous") of the Labour Code. It notes in particular the Government’s statement that section 88 meant that all sections of the Labour Code equally apply to men and women performing the same work, under the same working conditions and circumstances. Elsewhere the report stated that the term "working condition" used in section 88, included the type of work, occupation, activity, status, qualifications and capacity and that the wording "analogous working conditions" meant "work of equal value". While noting these explanations, the Committee draws the Government’s attention to the fact that the Convention, by referring to "work of equal value", implies a comparison not only of the wages received by men and women performing the same work, but also of the wages received by men and women performing different types of work which is nevertheless of equal value, as established on the basis of objective criteria unrelated to the worker’s sex. While recalling its previous comments to the effect that sections 35 and 88 do not fully apply the principle of the Convention, the Committee nevertheless hopes that sections 35 and 88 will be applied in accordance with the Convention. In this context, the Committee asks the Government to indicate any measures taken to promote knowledge and understanding of the Convention’s principle among public officials in charge of supervising the application of the Convention and the Labour Act, as well as workers’ and employers’ organizations. Finally, the Committee recommends that provisions expressly reflecting the principle of equal remuneration for men and women workers for work of equal value as set out in the Convention be introduced in the context of any future review of the labour legislation.

2. National Wages Council. The Committee notes Order No. 983 adopted on 11 June 2003 establishing the National Wages Council as provided for under section 34 of the Labour Code, which includes representatives of workers’ and employers’ organizations. The Committee notes that the Council is charged with setting minimum wages and determining the structure of wages in the different professions, occupations and activities. The Council is also responsible for formulating national wage policies based on the analysis of statistical information concerning wages and economic development. Further, the Council is mandated to examine Conventions and Recommendations and decisions of Arab and international organizations relating to wages and to express its views on them. The Committee asks the Government to indicate whether the National Wages Council has already examined Convention No. 100 and its accompanying Recommendation No. 90 and to provide information on the manner in which the Council is taking these instruments into account in its work.

3. Enforcement. The Committee notes from the Government’s report that the Ministry of Manpower and Migration, through the labour inspectorate, is responsible for the supervision of the application of the provisions of the Convention. The Committee also notes that there were no judicial decisions concerning the principle of equal remuneration. Recalling the importance of effective enforcement of equal remuneration provisions, the Committee asks the Government to provide information on any specific measures taken by the labour inspectors to ensure equal remuneration for men and women for work of equal value and to indicate whether any violations of the relevant provisions have been reported and how they were resolved. Please also continue to provide information on any judicial decisions concerning equal remuneration.

4. Part V of the report form. Analysis of differential of men’s and women’s earnings. The Committee notes from data compiled by the ILO that overall women earned some 83 per cent of men’s weekly wages in 2003 and that this ratio has remained relatively stable since 2001. Examining the earnings of men and women in the different areas of economic activities, the Committee notes that women earn higher weekly wages than men in a number of areas, including mining, construction, transport and financial intermediation, which might be due to the fact that women working in these sectors occupy higher paid positions. In eight areas men earn higher weekly wages, including in agriculture, manufacturing, real estate and other business activities, and health. According to statistical information for 2002 provided by the Government, the average weekly earnings of men and women in the public sector were balanced, while in the private sector women received only 75 per cent of men’s average weekly wages. The Committee encourages the Government to adopt and implement policies promoting equal access of men and women to the widest range of employment and occupations, including higher paying positions, and to provide information on any measures taken in this regard. Please indicate any measures taken or envisaged to address the existing gender wage gap in the private sector. The Government is also asked to continue to provide statistical information on wages, disaggregated by sex, and as far as possible in accordance with the Committee’s 1998 general observation.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Articles 1 and 2 of the Convention. Legislative protection. Definition of wages. The Committee notes the adoption of the new Labour Code No. 12 of 2003. It notes with interest the fact that the new Code includes a comprehensive definition of wages in section 1 in compliance with the Convention, including both direct and indirect payments of cash or in-kind, bonuses and allowances.

2. Legislative protection. Work of equal value. In its previous comments the Committee had expressed the hope that the new Code would clearly set out the principle of equal remuneration between men and women for work of equal value. It had also hoped that the new law would allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of pay levels in female dominated industries where remuneration levels tend to be low. While observing with some concern that the new Labour Code does not require application of this principle, the Committee notes however that section 35 (prohibiting discrimination in wages on the basis of sex) and section 88 (prohibiting discrimination against women "once their work conditions are analogous") together provide for partial application of the principle. The Committee asks the Government to indicate how effect is given to these sections to enable the Committee to assess the application of the Convention in practice. In particular it trusts that the wording "work conditions that are analogous" be interpreted to ensure that equal remuneration is paid both for the same work and for work which, though different, is of equal value (see General Survey on equal remuneration, 1986, paragraph 45).

3. Articles 2 and 3. National Council of Wages. The Government has reported that the task of comparing wages will be entrusted to the National Council of Wages. It further indicates that the formulation of the decree establishing the Council will take into account the Committee’s concern to ensure that the criteria for the appraisal of jobs which are in practice performed by women do not undervalue the skills required in those jobs. The Committee notes that section 34 of the Labour Act provides for the establishment of the National Council of Wages which will "be concerned with setting the minimum wages at the national level, subject to the cost of living, and by providing the methods and measures guaranteeing the realization of balance between wages and prices". No reference is made in the Labour Act to the Council’s function in relation to the application of the principle of equal remuneration for work of equal value. The other powers of the Council, however, are to be set out in a prime ministerial decree that, it is reported, is not yet promulgated. The Committee requests a copy of the decree on the establishment of the National Council of Wages, which it hopes will be adequately empowered to address these concerns and to apply the Convention in its work. It also requests information on the criteria and methodology used to determine "analogous work conditions", referred to in section 88 of the Labour Act.

4. Part II of the report form. Labour force participation and wage levels. The Committee notes from ILO statistics for 1998-2000 that the average weekly earnings of women in sectors previously noted by the Committee as being dominated by women, including agriculture, manufacturing and wholesale and retail, are still quite low. Further, women working in the real estate and renting sector, showing the highest earnings of all sectors, earn 30 per cent  less than men. It also notes the concern of the United Nations Committee on the Elimination of Discrimination against Women (A/56/38 Supp.) as to the low level of representation of women in decision-making at all levels and in all areas, and notes the request of that Committee for the Government to implement special temporary measures to increase the representation of women at decision-making levels. The Committee would welcome information on measures taken by the Government in this regard. The Committee reiterates its request for statistical data on labour force participation and wage levels of men and women in the public and private sectors together with information on the measures taken to identify the causes of and to reduce the income pay gap.

5. Part V of report form. Promotion of women’s employment. The Committee recalls the recommendations issued by the Conference on Women Workers and Social Challenges attached to the Government’s previous report. Among the recommendations are a number of suggested measures to promote the employment situation of women, including the provision of necessary services to working women, especially those services relating to nurseries, childcare facilities and family planning; the implementation of training programmes aimed at raising women’s capacity and efficiency in order to increase the job opportunities available to them and promoting the membership of working women in trade unions. Noting the link between these measures and the status and pay of women in employment, the Committee asks the Government to indicate the action taken or envisaged, on the basis of the abovementioned Conference recommendations, to promote the application of the Convention.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report and the statistical tables attached.

1. The Committee notes the Government’s statement that, although the draft Labour Code has not yet been submitted to the legislature for approval, the Committee’s previous comments on the draft Labour Code have been communicated to those responsible for its formulation. In this regard the Committee trusts that the draft Code will clearly set out the principle of equal remuneration for men and women for work of equal value, and will also allow for comparison of pay on as wide a basis as possible to avoid the under-valuation of pay levels in female-dominated industries where remuneration levels tend to be low. Noting that the Government has not provided a copy of the most recent version of the draft Code, as per its previous request, the Committee again asks the Government to provide a copy of the Code in its next report.

2. The Committee notes that the Ministerial Order establishing the National Council of Wages has yet to be promulgated. It asks the Government to supply a copy of the Ministerial Order upon its promulgation. The Committee notes the Government’s response to its previous request for information on how the principle of equal remuneration is applied to wages in excess of the minimum wage, including the criteria and methodology used in the appraisal of jobs. The Committee particularly notes that the Government is undertaking a classification of jobs, based on an objective evaluation of what the job entails, and that this measure is being carried out in consultation with employers’ and workers’ organizations. In this connection, the Committee draws attention to the need to ensure that the criteria for the appraisal of jobs do not undervalue the skills normally required for jobs that are in practice performed by or predominantly performed by women. In comparing the work of men and women, care should therefore be taken to balance the various job components to ensure a fair and just evaluation. The Committee therefore asks the Government to provide detailed information on the manner in which the classification of jobs is being undertaken, including the criteria to be used for job evaluation and the particulars of the consultations held with employers’ and workers’ organizations.

3. The statistical data regarding the proportion of women employees according to type of occupation for 1998 reveal that women are significantly underrepresented across all sectors of the labour market. Women comprise 24 per cent of the employees in the public sector, and 19 per cent of the entire labour force. In this regard, the Committee asks the Government to provide information on the measures taken or contemplated to ensure the increased participation of women in the public service and to promote their entry into the labour force overall. The Committee further notes that the data provided do not indicate the types of occupations for which information has been compiled; nor do they include the levels of remuneration for women and men. Consequently, the Committee again refers to its general observation of 1998 under this Convention and asks the Government to include, in its next report, the necessary up-to-date information for both the private and public sectors to enable it to assess the application in practice of the Convention.

4. The Committee notes the copy of the recommendations issued by the Conference on Women Workers and Social Challenges attached to the Government’s report. Among the recommendations are a number of suggested measures to promote the employment situation of women, including the provision of necessary services to working women, especially those services relating to nurseries, childcare facilities and family planning; the implementation of training programmes aimed at raising women’s capacity and efficiency in order to increase the job opportunities available to them; and promoting the membership of working women in trade unions. The Committee asks the Government to indicate the measures taken or envisaged, on the basis of the Conference recommendations, to promote the application of the Convention. Further, the Committee notes that the study conducted by the Arab Centre for Research and Studies which it had previously requested is still not available. It asks the Government to provide a copy of the study when it is made available by the competent authority.

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

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the information in the Government’s report and the statistical tables attached.

1.  The Committee notes that the draft Labour Code has not yet been adopted. It further notes the Government’s statement that the principle of the Convention is covered in the draft text of section 35, even though that section currently refers to the "same work". From this statement, it would appear that a new version of section 35 has been prepared for inclusion in the draft Code. The Committee would be grateful if the Government would provide a copy of the most recent version of the draft Code. It must also reiterate its hope that the draft text adopted will clearly set out the entitlement of men and women to receive equal remuneration for work of equal value. It also hopes that the Code will allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of pay levels in female-dominated industries where remuneration levels tend to be low.

2.  In reply to the Committee’s previous request concerning the methods adopted to promote an objective appraisal of jobs, the Government refers to section 34 of the new draft Labour Code. According to the Government, section 34 provides for the establishment, by ministerial order, of a National Council of Wages to be presided over by the Minister of Planning and composed of, among other others, representatives of employers and workers, which would set a minimum wage at the national level. The Committee would be grateful if the Government would supply a copy of the ministerial order establishing the National Council of Wages once it is promulgated, and requests the Government to provide information on how the principle of equal remuneration is applied to wages of men and women in excess of the minimum wage, including the criteria and methodology used in the appraisal of jobs.

3.  The statistical data concerning the average weekly wage of men and women in financial institutions in the public and private sectors for the period of 1989 to 1994 show the progress made over the past five years and indicate that women’s average weekly wage is slightly higher than men’s in this sector. The Committee notes from the statistics provided by the Government (1991-95) and 1995 data in the 1998 ILO Yearbook of Labour Statistics that the few women who are working in male-dominated sectors, such as mining, construction and transport, receive significantly higher wages than men, which suggests that women are generally occupying higher positions in these sectors. In contrast, the Committee notes that the majority of women are concentrated in agriculture, manufacturing, wholesale and retail and services where levels of remuneration are quite low. The Committee further notes that the Government’s report does not include additional information with regard to the wage levels and distribution of women in public administration posts. The Committee refers to its general observation under this Convention and requests the Government to include, in its next report, the necessary up-to-date information for both the private and public sectors to enable it to assess the application in practice of the Convention.

4.  The Committee hopes that the Government will be in a position to supply, in its next report, copies of any documents issued in the context of the Conference on Women Workers and Social Challenges, organized by the Federation of Egyptian Trade Unions, and copies of the study conducted by the Centre for Arab Research and Studies concerning the status of women in the economy.

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

The Committee notes the information in the Government's report and the statistical tables attached.

1. The Committee notes that the draft Labour Code has not yet been adopted. It further notes the Government's statement that the principle of the Convention is covered in the draft text of section 35, even though that section currently refers to the "same work". From this statement, it would appear that a new version of section 35 has been prepared for inclusion in the draft Code. The Committee would be grateful if the Government would provide a copy of the most recent version of the draft Code. It must also reiterate its hope that the draft text adopted will clearly set out the entitlement of men and women to receive equal remuneration for work of equal value. It also hopes that the Code will allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of pay levels in female-dominated industries where remuneration levels tend to be low.

2. In reply to the Committee's previous request concerning the methods adopted to promote an objective appraisal of jobs, the Government refers to section 34 of the new draft Labour Code. According to the Government, section 34 provides for the establishment, by Ministerial Order, of a National Council of Wages to be presided over by the Minister of Planning and composed of, among others, representatives of employers and workers, which would set a minimum wage at the national level. The Committee would be grateful if the Government would supply a copy of the Ministerial Order establishing the National Council of Wages once it is promulgated, and requests the Government to provide information on how the principle of equal remuneration is applied to wages of men and women in excess of the minimum wage, including the criteria and methodology used in the appraisal of jobs.

3. The statistical data concerning the average weekly wage of men and women in financial institutions in the public and private sectors for the period of 1989 to 1994 show the progress made over the past five years and indicate that women's average weekly wage is slightly higher than men's in this sector. The Committee notes from the statistics provided by the Government (1991-95) and 1995 data in the 1998 ILO Year Book of Labour Statistics that the few women who are working in male-dominated sectors, such as mining, construction and transport, receive significantly higher wages than men, which suggest that women are generally occupying higher positions in these sectors. In contrast, the Committee notes that the majority of women are concentrated in agriculture, manufacturing, wholesale and retail and services where levels of remuneration are quite low. The Committee further notes that the Government's report does not include additional information with regard to the wage levels and distribution of women in public administration posts. The Committee refers to its general observation under this Convention and requests the Government to include, in its next report, the necessary up-to-date information for both the private and public sectors to enable it to assess the application in practice of the Convention.

4. The Committee hopes that the Government will be in a position to supply, in its next report, copies of any documents issued in the context of the Conference on Women Workers and Social Challenges, organized by the Federation of Egyptian Trade Unions, and copies of the study conducted by the Centre for Arab Research and Studies concerning the status of women in the economy.

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

The Committee notes the Government's report and the information provided in reply to its previous comments.

1. The Committee notes the information that the draft new Labour Code provides in section 35 for the prohibition of discrimination in respect of wages on the grounds, inter alia, of sex. It also notes that the question of introducing the concept of equal remuneration with reference to the concept of work of equal value has been submitted to the tripartite committee responsible for drawing up the draft Labour Code. The Committee hopes that section 35 will be completed in this sense and that a copy of the Labour Code will be transmitted as soon as it is enacted.

2. The Committee notes the information concerning the progress achieved in the representation of women in government authorities. It notes that three women have been appointed ministers and that a certain number of women occupy high-level positions in the Ministry of Manpower and Migrants, as shown by the table transmitted with the Government's report. The Committee welcomes the figures provided, which show a certain effort by the Government to reduce discrimination on the grounds of sex in employment in high-level positions in the State authorities. It also notes the table on the distribution by sex of workers in the public and cooperative sectors for 1994. This table shows a higher proportion of women in the public administration than in jobs created through public investment. Since it does not have access to figures on this subject for previous years, the Committee would be grateful if the Government would supply information on this subject in its next report covering a number of years so that it is able to assess developments as regards the implementation and follow-up of the anti-discrimination policy prescribed by the Convention.

3. The Committee notes the information provided by the Government concerning the measures that have been taken, or are envisaged, to facilitate the application of the Convention, particularly through the implementation, in collaboration with representative organizations of employers and workers, of education and information programmes on the current legislation on equal remuneration for men and women workers. It notes, in particular, that the Federation of Egyptian Trade Unions organized a conference on women workers and social challenges, one of the objectives of which was to raise women's awareness of their rights. The Committee would be grateful if the Government would provide copies with its next report of any documents issued in the context of this conference on the question of equal remuneration for men and women workers. The Committee also notes the information that the Centre for Arab Research and Studies undertook a study on the question of the status of women in the context of the economy and international economic exchanges, followed by many seminars, symposiums and courses. The Committee requests the Government to provide a copy of the above study or extracts from it relating to the principle of equal remuneration for men and women workers.

4. The Committee notes the various statistical tables annexed to the Government's report concerning the distribution by sex of workers in the various training activities and sectors. It notes that substantial numbers of women are engaged in traditionally female fields of activity, and particularly in agriculture and sectors where remuneration levels are the lowest, and that there are few women in other sectors. This information is however insufficient to permit an objective evaluation of the development of the situation, since it only covers the situation at a particular moment, without providing comparative information over time. The Committee therefore requests the Government to supply up-to-date statistics in future reports on the distribution by sex and on the remuneration levels of workers in the various sectors of employment, including sectors where the average level of remuneration is high. It also requests the Government to indicate, where appropriate, in accordance with the information requested in the report form under Article 3 of the Convention, the methods that have been adopted to promote an objective appraisal of jobs on the basis of the work to be performed, as well as the progress made in reducing the differential between wage rates for men and women workers, in particular in cases where legally established or recognized bodies are responsible for determining wage rates.

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

The Committee notes the Government's report and its annexes.

1. In its previous comments, the Committee noted that section 151 of the Labour Code of 1981 provides for equal remuneration for men and women for "the same work" and for equal qualifications, length of service and experience. The Committee notes the Government's statement that there would be no purpose in amending the legislation on this subject as the Committee requested and that, in practice, the principle of equality in employment between men and women is strictly applied, in accordance with the national Constitution and the provisions of the law. The Committee asks the Government to refer to its 1986 General Survey on Equal Remuneration, and particularly, paragraphs 19 to 21 which define the scope of the notion "equal value" contained in Article 1 of the Convention, and paragraphs 44 to 78 explaining the concepts of equality. The Committee hopes that the Government will take the necessary steps to amend section 151 so that it explicitly establishes the principle of equal remuneration for work of "equal value", to bring it into line with the Convention in this respect. The Committee asks the Government to provide information on this matter in its next report.

2. With regard to the practical effect given to the Convention, the Committee notes that the Government will shortly send information on the distribution of men and women at the various levels in state departments. It also notes Decision No. 395 of 19 July 1992 sent by the Government as an example of the application of Conventions Nos. 100 and 111. It notes that, by virtue of this Decision of the Ministry of Manpower and Training, 38 officials have been appointed to the Cabinet of the Ministry at various levels, only one of whom is a woman. Noting that the Government considers this appointment to be a measure which is in line with the promotion of equality, the Committee encourages the Government to pursue its efforts in this respect. The Committee has noted on many occasions that the aim of eliminating discrimination between men and women workers in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment, as provided by Convention No. 111. (See paragraph 100 of the above-mentioned General Survey.) It therefore asks the Government to inform it of the specific measures it plans to take to promote women's access to the various levels of employment, particularly in occupations where there are few women, and to guarantee them equality of remuneration.

3. With regard to the private sector, the Committee notes the copies that were sent by the Government of the 1992 and 1993 collective agreements concerning the adjustments made in wages to keep up with those of the public service. The Committee would appreciate receiving precise information on the wages actually paid to men and women workers. It therefore asks the Government to provide statistics on the average earnings of men and women and the proportion of women working in sectors where average earnings are high, such as the armed forces, universities, the petroleum sector, the magistrature, companies and banks. It would also be grateful if the Government would indicate the percentage of women covered by the collective agreements, and the distribution of men and women at various levels.

4. The Committee notes that the Labour Inspection Department, which is responsible for supervising the application of the provisions of the law that concern the area covered by the Convention, has received no complaints and that no infringements have been recorded. While noting the Government's statement that the Convention is applied fully and without difficulty, the Committee is bound to point out that, in the absence of precise and specific information on the practical application of the Convention, it is not in a position to check this assertion. It recalls that in paragraph 253 of the above-mentioned General Survey it points out that, "by its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle of the Convention will necessarily unearth difficulties". The Committee would therefore be grateful if the Government would provide recent information enabling it to ascertain how the principle of equal remuneration is monitored in practice (visits, labour inspectorate studies or surveys) and particularly the measures taken to ensure access to means of redress in the event of non-compliance with the law.

5. The Committee asks the Government to inform it of the measures taken or envisaged to facilitate the application of the Convention, for example, by implementing, with the cooperation of employers' and workers' organizations, public education and information programmes on current legislation concerning equal remuneration for men and women. In this connection, the Committee asks the Government to refer to Paragraph 6 of the Equal Remuneration Recommendation, 1951 (No. 90).

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

The Committee notes the Government's report and the information that it contains in reply to its previous direct request.

1. In particular, the Committee notes that in reply to its comments relating to section 151 of the Labour Code, which sets out the principle of equal remuneration for "the same work", the Government states that in the event of equal skills, seniority and experience, no distinction is made in relation to wages between men and women in the public administration, even if the nature of the work is different. As regards the private sector, the Government repeats its previous statement to the effect that the general compulsory minimum wage is equally applicable to men and women. The Committee draws the Government's attention to its general observation of 1990, in which it emphasised the need, in cases in which the legislation still does not embody the principle of equal pay for work of equal value, to amend the law accordingly to give effect to the Convention. The Committee hopes that the Government will examine the possibility of amending section 151 of the Labour Code and that it will indicate in its next report the measures that have been taken in this respect.

2. The Committee notes the wage tables for civil State employees. It requests the Government to indicate in its next report the distribution of men and women at the various levels.

3. With regard to the private sector, the Committee notes that it has no information available enabling it to assess the manner in which section 151 of the Labour Code is applied in practice, and particularly in the case of wages above the minimum wage. The Committee would be grateful if the Government would supply: (i) the text of collective agreements fixing wage levels in various sectors, including information if possible on the percentage of women covered by these agreements and the distribution of men and women at the various levels; and (ii) statistics on average wage rates for men and women and the proportion of women in sectors in which earnings are high, such as the armed forces, universities, the oil industry, magistrates, companies and banks.

4. The Committee notes that, according to the Government, the Ministry supervises the application by employers of the law in this field through its own services. The Committee requests the Government to supply information on the supervisory activities of the Ministry of Labour, and in particular the number of contraventions reported and the sanctions imposed by its services, as well as court decisions in this respect.

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

1. The Committee notes the information supplied by the Government in its report. It notes that the report repeats the information provided previously that section 151 of the Labour Code sets out that all provisions governing employment are applicable to workers, without any distinction, for "the same work". It once again requests the Government to indicate, with reference to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, how the application of the principle of the Convention is guaranteed in practice, particularly in cases where men and women perform work of a different nature but of equal value.

2. The Committee recalls that it requested information concerning the application of the principle of equal remuneration as regards both minimum wages and wages that are higher than the minimum. It notes that no decision has been issued by the advisory committees provided for in section 79 of the Labour Code concerning increases in the minimum wage in certain sectors, and that it will be supplied with any decision issued in this connection. It requests the Government to supply information in its future reports on any decision taken under section 79.

3. The Committee notes that a single minimum wage has been determined for all occupations. It therefore once again requests the Government to indicate the measures that have been taken in practice to apply the principle of equal remuneration to wages that are higher than the minimum wage.

4. The Committee notes Decision No. 134 of 1978 respecting criteria for the classification of jobs for civilians employed by the State and the measures issued thereunder, and Decision No. 1007 of the same year respecting criteria for the classification of jobs in the public sector. It requests the Government to indicate whether the fact that female workers are frequently concentrated in certain jobs and certain sectors has been taken into consideration in order to avoid or correct any preconceived evaluation of the qualities traditionally considered to be typically "feminine".

5. The Committee also requests the Government to indicate whether there is legal and administrative machinery enabling workers with grievances to claim equal remuneration on the basis of an evaluation of the value of their jobs and whether there is a right of appeal when it is established that job evaluation systems are discriminatory. It also once again requests the Government to indicate whether the various additional benefits in cash and in kind set out in Act No. 47 of 1978, issuing the conditions of employment of civil employees of the public administration, are provided for women under the same conditions as for men for work of equal value, in accordance with the Convention.

6. The Committee notes the statement in the report to the effect that there are no recent collective agreements.