Equal Remuneration Convention, 1951 (No. 100) - Burkina Faso (Ratification: 1969)

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

Previous comments: observation and direct request

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee emphasized that the 2008 Labour Code, in the same way as the 2004 Labour Code, does not clearly reflect the principle of the Convention since, even though it explicitly establishes the principle of equal remuneration for men and women for work of equal value (section 182(3)), it also provides for equal wages for workers irrespective of sex “under equal conditions of work, vocational qualifications and output” (section 182(1)). The Committee drew attention to the fact that the coexistence of these two provisions may be a source of confusion or even conflict when applying the principle in practice. The Committee notes that the Office has been providing technical assistance for more than 15 years with regard to bringing the legislation into conformity with the international labour standards ratified by Burkina Faso, in particular: (1) in 2007, when it provided a “technical note on Act No. 033-2004 issuing the Labour Code” before the latter was revised in 2008; (2) in 2014, when it supported the “study on the alignment of national law and practice with the ILO fundamental and governance Conventions” and a “national validation workshop” in relation to this study, which concluded with the adoption of a road map accompanied by a time-bound action plan; and (3) in 2017, when it provided “technical comments on the bill issuing the Labour Code”. In this regard, the Committee notes that a draft bill issuing a new Labour Code was adopted by the Council of Ministers on 7 September 2022 and was due to be submitted to Parliament for adoption. The Committee requests the Government to provide information on the adoption of the new Labour Code and to provide a copy if it has been adopted. The Committee expresses the firm hope that the new Labour Code will take account of the technical comments provided by the Office at the Government’s request, particularly with regard to the principle of equal remuneration for work of equal value.

Article 2. Application of the principle in practice. In its reports, the Government indicates that, according to figures available in 2018, the average gender wage gap in the public sector is approximately 20 per cent and that, in the formal private sector, more than one third of women are paid less than the guaranteed inter-occupational minimum wage (SMIG) compared with 17.8 per cent of men. The Committee notes the Government’s indication that this situation does not mean that women are victims of discrimination but that they are employed in sectors of employment which are less well paid than sectors where men are employed or that they are frequently engaged in the informal economy. The Government indicates that, in order to tackle these inequalities, it has implemented a number of specific programmes for women: (1) the “Subprogramme for increasing revenue and promoting decent employment for women and young persons” (PARPED); (2) the “Special job creation programme for young persons and women” (PSCE/JF); and (3) the “Programme for promoting economic autonomy for young persons and women” (PAE-JF). The Committee notes the information provided by the Government on the impact of these programmes and on the activity of the special kiosk for the promotion of women’s entrepreneurship, which has enabled 25,000 women to benefit from financing. The Committee underlines the fact that horizontal occupational segregation (that is, channeling men and women into different types of activity and employment) and vertical occupational segregation (that is, different levels of responsibility for men and women) are indeed causes of discrimination of which women are mostly the victims (see General Survey of 2012 on the fundamental Conventions, paragraphs 710–714). The Committee requests the Government to provide information on the measures taken or envisaged to specifically combat occupational segregation in the labour market and thereby enable women to have access to better paid jobs, occupations and positions, into sectors of activity dominated by men, and to make occupational gender diversity a priority in its employment policy.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication that the classification process launched before 2018 with a view to the preparation of an operational directory of occupations and jobs (ROME), which aimed to establish the basis for the objective evaluation of jobs, has been interrupted because of budgetary constraints. The Committee requests the Government to provide information on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to finalize a method for the evaluation of jobs based on objective and non-discriminatory criteria which go beyond the qualifications and experience required for a job, and to promote the use of this method in both the public and the private sectors.

Monitoring and enforcement. The Government indicates that labour inspectors’ control sheets do not enable information to be collected on infringements recorded according to sex and occupational category but that it is planned to revise the control sheets in order to take account of these observations. Recalling the importance of gender-specific data in combating discrimination, the Committee requests the Government to indicate the measures taken to ensure that this information can be collected by labour inspectors when they record infringements, particularly in connection with equal pay for work of equal value. The Committee invites the Government also to provide information on any court rulings dealing with the gender pay gap.

Statistics. The Committee notes that the statistics communicated by the Government do not provide details regarding the number and type of infringements recorded. However, it notes the Government’s indication that women, being the most disadvantaged in terms of education and training, are the worst affected by unemployment in urban areas; that the gender pay gap is even more pronounced in jobs in agriculture; and that young women have little access to the “modern” sector (only 3.8 per cent are in this sector compared with 9 per cent of young men). The Committee invites the Government to continue its efforts to collect statistical data disaggregated by sex and refers the Government to its general observation of 2006 on the Convention, which provides guidance on useful types of statistical data. It requests the Government to continue providing available statistical data, disaggregated by sex.

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

The Committee notes the observations of the National Confederation of Workers of Burkina (CNTB), transmitted with the Government’s report.

Article 1(a) of the Convention. Remuneration. In response to the Committee’s request for clarification, the Government confirms that the emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker arising out of the worker’s employment are equal for all workers, whether they are men or women. The additional emoluments consist of deductions from the Single Tax on Remuneration and Salaries (IUTS) and family allowances. In practice, all workers, without distinction based on gender, benefit from family allowances per child up to a limit of six children and tax deductions for dependants. A dependent child is a dependant who gives rise to a tax deduction. However, a couple in which both the man and the woman work cannot both enjoy these benefits. They are therefore granted to one or other of the spouses, at their choice, in conformity with the Committee’s position, which is to leave it to the spouses to decide which of them will receive the allowances. Consequently, the Committee requests the Government to provide a copy or copies of the pertinent labour legislation for both the public and private sectors, in order to enable the Committee ascertain the consistency of the legal framework with the practice outlined by the Government.

Article 2. Application of the principle in practice. In its report, the Government details the measures adopted or envisaged under the vocational training component of its National Employment Policy, the objective of which is to extend the supply of training and improve its quality. In this regard, the Committee notes the stark analysis of the technical and vocational education and training system carried out by the authorities, which sheds light on the poor performance of the system, characterized by the absence of skilled personnel, the rigidity of the public training mechanisms, the low level of skills in the private sector, the mismatch between training programmes and the profiles of trainees in relation to the needs of the economy and public under-funding, which hinders any improvement in the supply and quality of training. These difficulties are compounded by the weakness of relations between training institutions and the private sector. With a view to providing an effective response to these difficulties, the support programme was launched for the Sectoral Technical and Vocational Education and Training Policy (PAPS/EFTP) 2012–16. Among the many measures referred to in the Government’s report, the Committee notes that, with few exceptions (such as the adoption of a national strategy to promote women’s entrepreneurship, launched by the Council of Ministers on 24 June 2015, for which the plan of action (2016–18) is under preparation), they all aim to promote employment in general. However, these measures do not specifically address the issues covered by the Convention, namely, action to combat sexist stereotypes and occupational segregation between men and women in the labour market, which give rise to wage discrimination in practice. The Committee draws attention to the fact that the effective application of the Convention requires the adoption of proactive measures to address the underlying and persistent causes of the concentration of men and women in different types of activities and jobs whereby one gender is generally limited to a restricted range of occupations (horizontal segregation) with different levels of responsibility (vertical segregation) (see 2012 General Survey on the fundamental Conventions, paragraphs 710–712). For this reason, although the Committee welcomes the measures taken in relation to vocational training to improve the general employability of girls and boys, and of women and men, it requests the Government to provide information on the specific measures adopted or envisaged, both under the National Employment Policy and the National Gender Policy, to combat occupational segregation on the labour market and wage discrimination between men and women for work of equal value and to enable both women and men to have access to better paid jobs, occupations and positions.

Article 3. Objective evaluation of jobs. The Committee notes that the Government’s report remains silent on the progress made in the process of classifying jobs and the analytical method for objective evaluation, finally, selected. It, therefore, once again requests the Government to provide detailed information on the implementation of the process of the classification of jobs and on the measures adopted or envisaged, in collaboration with employers’ and workers’ organizations, to finalize a method for the evaluation of jobs based on objective and non-discriminatory criteria which go beyond the qualifications and experience required for a job, and to promote the use of this method in both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. In the absence of information on the rule of employers’ and workers’ organizations in the effective application of the principle of the Convention, the Committee, once again, requests the Government to encourage the social partners to address this issue, particularly, within the framework of the Joint Commission on Wage Bargaining in the Private Sector. The Committee asks the Government to provide information on the progress achieved, in this respect.

Monitoring and enforcement. The Committee notes that, according to the Government, the violations detected by the labour inspection services in relation to wages are not related to compliance with the principles set out in the Convention, but concern non-compliance with minimum wages. In 2013, of the 49,300 violations detected, 3,852 related to minimum wages by category, or in other words of the 27,555 cases detected during inspections, 3,852 were paid at a rate lower than the minimum wage for their occupational category. In its observation on the application of the Convention in practice, the CNTB confirms the existence in practice of cases of wage inequality in certain enterprises, but adds that in the absence of formal complaints received by the union, it is difficult to attest that such violations exist in practice. The Committee requests the Government to indicate the percentage of men and women in the 3,852 cases of violations detected by labour inspectors in 2013, and the occupational categories concerned. The Committee asks the Government to also provide information on any court rulings relating to inequalities between men and women in relation to remuneration and to assess the effectiveness of the appeal procedures and remedies available and their impact.

Statistics. According to the Government, Employment Working Paper No. 50 on Labour Market and Employment Policies in Burkina Faso of 2010, published by the National Observatory of Employment and Training established in 2001, the average wage gap between men and women in the public sector is around 20 per cent, and that in the formal private sector over one third of women receive wages below the level of the minimum wage, compared with 17.8 per cent of men. In the view of the authorities, these data reflect in particular the low level of income related to the fact that women are engaged in low-paid categories of jobs. This information confirms the Committee’s conviction that, in order to combat effectively the persistent problem of the remuneration gap between men and women, it is indispensable to analyse the types of jobs occupied by men and women and their remuneration in all categories of employment within the same sector and in different sectors. The Committee, therefore, encourages the Government to continue its efforts for the compilation of statistical data disaggregated by gender and refers to its general observation of 2006 on the Convention, which provides guidance on the most useful types of statistical data. In light of the statistics supplied by the National Observatory of Employment and Training, the Committee invites the Government to provide information on the proactive measures adopted or envisaged to reduce this wage inequality between men and women for work of equal value. The Committee asks the Government to continue to provide the fullest possible statistical data disaggregated by sex.

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. In its previous comments, the Committee emphasized that the 2008 Labour Code (in the same way as the 2004 Labour Code) does not clearly reflect the principle of the Convention. Although it explicitly establishes the principle of equal remuneration for men and women for work of equal value (section 182(3)), it also provides for equal wages for workers irrespective of sex “under equal conditions of work, vocational qualifications and output” (section 182(1)). The Committee drew attention to the fact that the coexistence of these two provisions may be a source of confusion or even conflict when applying the principle in practice. The Committee notes the information provided by the Government in its report to the effect that, in the context of the forthcoming revision of the Labour Code, a study has been conducted with ILO support on bringing the provisions of the Labour Code into conformity with the ILO fundamental and governance Conventions. The recommendations of the study include the revision of section 182, in response to the Committee’s comments. During the tripartite presentation and validation workshop for this study held in March 2014, a roadmap was adopted and subsequently translated into a plan of action, which is currently being implemented. In this regard, the Committee draws the Government’s attention to the fact that the concept of “work of equal value” relates to the very nature of the work, that is the tasks to be performed, and involves the evaluation of the content of the work based on objective and non-sexist criteria, such as skills and qualifications, physical and mental effort, responsibilities and working conditions. To limit work of equal value to work performed under equal conditions of work, vocational qualifications and output restricts the basis for the comparison of such work, and therefore hinders the full application of the principle of the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 672–677). The Committee therefore requests the Government to provide information on the progress achieved in the implementation of the plan of action of the roadmap referred to above, in particular on any measures taken to revise section 182 of the 2008 Labour Code.

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

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

Article 1(a) of the Convention. Remuneration. In earlier comments the Committee noted from a 2007 Government report that pay differentials between men and women are linked, inter alia, to the fact that family allowances and tax relief for family expenditure are granted to the man unless the woman expressly requests otherwise. The Committee notes that in its report, the Government states that family benefits are payable to the mother or, failing that, to the father of the child. The Committee asks the Government to provide clarification as to the emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker arising out of the worker’s employment, specifying the additional emoluments available to men and women workers. Please indicate whether in practice they tend to benefit men or women or both on a par and specify to what extent they are a source of wage disparity between men and women.

Article 2. National policy on equality. The Committee notes the information sent by the Government concerning the national employment policy, pursuant to which it is foreseen to mainstream the gender dimension and gain a better understanding of the specific issues affecting women’s employment. It also notes the information regarding the promotion of women’s entrepreneurship. Furthermore, the Committee notes the adoption in 2009 of a national gender policy, which appears to replace the 2004 women’s advancement policy and which aims, among other things, to eliminate inequality between men and women in all areas. The Committee asks the Government to provide information on any measures to reduce and eliminate the pay gap between men and women that have been adopted and implemented under the employment policy and the national gender policy, and to report on their impact. In the absence of a reply on the matter, the Committee again asks the Government to provide information on specific measures taken for the development of education and the diversification of vocational training for girls and boys and for men and women in order to combat occupational segregation in the labour market and improve women’s and men’s access to better paid jobs, occupations and posts.

Article 3. Objective job evaluation. The Committee notes the information provided by the Government to the effect that it plans “to undertake a job classification shortly, taking account of new jobs”. Referring to its observation, the Committee reiterates its previous comments and again points out that if the principle of equal remuneration for men and women is to be applied effectively, it must be possible to determine the value of work by comparing the tasks it involves on the basis of objective criteria that are free of stereotyping and gender bias, in order to classify them according to the value thus obtained and establish rates of pay accordingly. Although the Convention does not prescribe the use of a particular evaluation method, the Committee emphasized in its general observation of 2006 that for the purpose of ensuring equality of remuneration between men and women, certain analytical methods of job evaluation have been found to be the most effective. These allow a systematic comparison of jobs based on explicit, clearly defined criteria, thus reducing the risk of subjective decisions. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared – skill, effort, responsibility and working conditions (see General Survey on fundamental Conventions, 2012, paragraphs 700–703). It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. Noting that the Government intends shortly to undertake a classification of jobs, the Committee asks it to provide detailed information on the measures taken or envisaged, in cooperation with the employers’ and workers’ organizations, to develop a method for evaluating jobs on the basis of objective, non-discriminatory criteria going beyond the qualifications and experience required for a job, and to promote the use of such a method in both the public and the private sectors. Please provide information on the progress made in the classification of jobs.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information provided by the Government on arrangements for institutional cooperation with the social partners (Labour Advisory Committee (CCT), annual Government/union meetings, the Joint Committee on Wage Bargaining in the Private Sector (CMPNSSP) and the National Safety and Health Technical Advisory Committee), and notes that according to the Government, the CCT has not as yet issued an opinion on the matter of equal remuneration for men and women for work of equal value. Recalling the importance of the role played by employers’ and workers’ organizations in the effective application of the principle of the Convention, the Committee asks the Government to encourage the social partners to address the matter, particularly in the CMPNSSP. Please provide information on progress made in this regard.

Monitoring and enforcement. The Committee notes that according to the Government, the labour inspectors responsible for enforcing the principle of equality and reporting inequalities have attended training courses on issues pertaining to enforcement of the law, including enforcement of the principle of equality. The Committee again asks the Government to provide information on the specific activities undertaken by the labour inspectorate to enforce in enterprises the application of the legislation on equal remuneration for men and women together with particulars of infringements reported or detected, remedies provided and penalties imposed, providing extracts of relevant inspection reports. Please also send information on any court decisions relating to unequal remuneration.

Statistics. The Committee notes that for the time being the Government is unable to ensure the compilation of data on the distribution of men and women in the public and private sectors and their remuneration, because of the geographical spread of workplaces and the economic situation. The Committee hopes that the Government will be able to take steps to set up an appropriate framework in the near future for the collection and analysis of such data due in particular to the operation of the National Observatory for Employment and Vocational Training, mentioned in the report, and asks it to provide information on progress made in this regard together with all available data on the gender pay gap.

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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee pointed out that the 2004 Labour Code did not clearly reflect the principle of the Convention. Even though it expressly established the principle of equal remuneration for men and women for work of equal value, it also provided for equal wages for workers regardless of their sex “given equal conditions of work, vocational qualifications and output” (section 175). In its previous observation the Committee also noted that section 182 of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code reproduces the provisions of the former Code with regard to equal remuneration for men and women. It pointed out that the coexistence of these provisions may lead to confusion or conflict when it comes to applying the principle of the Convention in practice. The Committee notes the Government’s explanation that these criteria must be read together and not separately. The Government adds that work of equal value is work that demands of employees a comparable set of occupational skills or capacities. The Government also states that in the interests of a more harmonious interpretation of certain provisions, it has organized training sessions for labour inspectors and controllers, employers’ and workers’ organizations, judges, assessors and arbitrators. While noting the Government’s efforts to disseminate the concept of “work of equal value” among the various stakeholders, the Committee nonetheless points out that two jobs may overall be of equal value yet may not be performed in equal conditions of work nor by persons whose qualifications or output are equal. The concept of “work of equal value” has to do with the nature of the work, in other words the tasks to be performed, and requires an evaluation of tasks based on objective criteria that are free from gender bias, such as skills and qualifications, physical and mental effort, responsibilities and working conditions. To limit work of equal value to work performed in equal conditions of work, requiring equal qualifications and output is to narrow the possibilities for job comparison, thus hindering full application of the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraphs 672–679). The Committee asks the Government to take the necessary steps to bring section 182 of the 2008 Labour Code into full conformity with the principle of equal remuneration for men and women for work of equal value laid down in the Convention and to provide information on measures taken in this regard. It furthermore encourages the Government to continue to provide training for persons responsible for enforcing equal remuneration between men and women for work of equal value in practice.

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

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

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:

Repetition

Article 1 of the Convention. As regards family allowances, the Committee notes that Act No. 15-2006/AN of 11 May 2006 (section 43) states that “family benefits (prenatal allowances, family allowances and maternity benefits) are payable to the mother or, failing that, to the father of the child”. The Committee asks the Government to supply information, including statistics on the practical application of this section with regard to the payment to mothers and fathers.

Article 2. National Policy for the Advancement of Women. The Committee notes with interest that, according to the Government’s report, the National Policy for the Advancement of Women, adopted in 2004, has resulted in significant improvements in the gross school attendance rate for girls, which increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 in secondary education. It also notes the Government’s indication that this policy has contributed to the creation or revival of structures for financing and support for women entrepreneurs and to the easing of conditions for women’s access to credit. The Government explains that these advances have resulted in a significant reduction in the segregation of women in the labour market, in greater access for women to middle and top management posts and in reductions in remuneration inequalities between women and men. Welcoming the measures taken by the Government in favour of employment for women, the Committee requests the Government to supply detailed information, including any statistics available, showing the impact of these measures in reducing inequalities in pay and to continue to supply information on the implementation and impact of the Policy for the Advancement of Women as regards equal remuneration for men and women for work of equal value. The Committee also requests the Government to indicate the specific measures taken in this respect, particularly with regard to the development of education and the diversification of vocational training for girls and boys and for men and women, in order to combat occupational segregation in the labour market and create access to better paid jobs, occupations and posts.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the job classification system is largely based on qualifications and experience, regardless of the occupation or job under consideration, and that efforts are being made to introduce the criterion of the value of work done. The Committee recalls that the effective application of the principle of equal remuneration for men and women implies that the value of jobs can be determined on the basis of the tasks involved, objectively and free of any sexist stereotypes or prejudices, in order to classify them according to the value identified and thus establish the applicable rate of pay. Even though the Convention does not prescribe the use of a particular evaluation method, the Committee emphasized in its general observation of 2006 that for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. These enable a systematic comparison of jobs on the basis of explicit, clearly defined criteria, thus reducing the risk of subjective decisions. Such methods analyse and classify` jobs on the basis of objective factors relating to the jobs to be compared, such as skill, effort, responsibility and working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. Inviting the Government to continue the efforts made to introduce the concept of the “value of work” in the job classification system, the Committee asks the Government to supply detailed information on the measures taken or contemplated, in cooperation with employers’ and workers’ organizations, for developing a job evaluation method on the basis of objective, non-discriminatory criteria, going beyond the qualifications and experience required for a job, and for promoting the use of this method in both the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information supplied by the Government on the activities of the Labour Advisory Committee (CCT) relating to labour legislation. It also notes that the validation of a national study on discrimination in employment and occupation within the context of the programme to support the implementation of the declaration (PAMODEC) has brought together all the social partners and also organizations from civil society. The Committee asks the Government to indicate specifically how the Government cooperates with the social partners to achieve equal remuneration for men and women for work of equal value and to provide information on the work of the CCT relating specifically to this issue.

Labour inspection. The Committee asks the Government to provide information on the activities of the labour inspectorate relating to enforcement in enterprises of the application of the legislation concerning equal remuneration for men and women and also on infringements reported or detected and penalties imposed. It also asks the Government to provide information on the measures taken or contemplated, particularly through specific training, to enable labour inspectors to be better equipped to detect discrimination with regard to remuneration and to handle such cases effectively.

Statistics. The Committee notes that in reply to its request for statistical data on remuneration for men and women, the Government indicates that the wage scales applicable in the different branches of activity of the public and private sectors are the same for men and women, with respect to the same jobs, and that there is no differentiation which would necessitate the compilation of statistics. The Committee recalls that the statistics requested relate to the actual earnings of men and women in practice and not to the wage scales applicable to the different branches of activity. Moreover, with reference to its general observation of 1998 on the Convention, the Committee wishes to emphasise that an analysis of the position and wages of men and women in all categories of employment, and also between sectors of economic activity as well as within them, is necessary for tackling the problem of the gender remuneration gap. It is necessary to have the fullest information possible to enable an adequate evaluation of the nature, extent and causes of any inequalities in remuneration between men and women and of the progress made with respect to the application of the principles of the Convention and to adopt suitable measures. The Committee encourages the Government to take the necessary steps to undertake the compilation and analysis of statistical information on the distribution of men and women in the public and private sectors and also on their respective levels of remuneration, and requests it to supply information on the progress made in this regard.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the Labour Code, 2004, did not clearly reflect the principle of the Convention even though it explicitly established the principle of equal remuneration for men and women for work of equal value, since it also provided for equal wages for workers regardless of their sex “given equal conditions of work, vocational qualifications and output” (section 175). This led the Committee to recall the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations in which men and women work under different conditions or, have different qualifications, and nevertheless perform work of equal value. In its previous observation the Committee had noted that the Labour Code was being revised. The Committee notes the adoption of Act No. 028-2008/AN of 13 May 2008 issuing the Labour Code, section 182 of which retains the same provisions as the former Labour Code with regard to equal remuneration for men and women. It therefore notes that the Government has not taken the opportunity afforded by the elaboration of a new the Labour Code to bring these provisions fully into conformity with the principle of the Convention.

The Committee wishes to draw the Government’s attention to the fact that experience has shown that the requirement of “equal conditions of work, skill and output” can provide a pretext for paying women lower wages than men (General Survey of 1986 on equal remuneration, paragraph 54) and that the emphasis should rather be placed on the nature and value of work, which necessitates a comparison of tasks on the basis of objective and non-discriminatory criteria. Referring to its general observation of 2006, in which it spells out the meaning of the concept of “work of equal value”, the Committee emphasizes that it is essential to compare the value of the work done in different occupations, which may involve different qualifications and skills, responsibilities or working conditions but which are nevertheless of equal value. The Committee considers that the coexistence in the Labour Code of 2008, of provisions on the one hand establishing equal remuneration for all workers irrespective of their sex “given equal conditions of work, vocational qualifications and output” and provisions on the other hand stating that “the determination of wages and the fixing of rates of pay must respect the principle of equal remuneration for men and women workers for work of equal value” may lead to confusion or conflict in the application of the principle of the Convention in practice, in view of the different criteria adopted. The Committee therefore requests the Government to take the necessary steps to bring section 182 of the Labour Code of 2008, into full conformity with the principle of equal remuneration for men and women for work of equal value established by the Convention and to supply information on any measures taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 1 of the Convention. As regards family allowances, the Committee notes that Act No. 15-2006/AN of 11 May 2006 (section 43) states that “family benefits (prenatal allowances, family allowances and maternity benefits) are payable to the mother or, failing that, to the father of the child”. The Committee asks the Government to supply information, including statistics on the practical application of this section with regard to the payment to mothers and fathers.

Article 2. National Policy for the Advancement of Women. The Committee notes with interest that, according to the Government’s report, the National Policy for the Advancement of Women, adopted in 2004, has resulted in significant improvements in the gross school attendance rate for girls, which increased from 64.9 per cent in 2005–06 to 79.1 per cent in 2007–08 in secondary education. It also notes the Government’s indication that this policy has contributed to the creation or revival of structures for financing and support for women entrepreneurs and to the easing of conditions for women’s access to credit. The Government explains that these advances have resulted in a significant reduction in the segregation of women in the labour market, in greater access for women to middle and top management posts and in reductions in remuneration inequalities between women and men. Welcoming the measures taken by the Government in favour of employment for women, the Committee requests the Government to supply detailed information, including any statistics available, showing the impact of these measures in reducing inequalities in pay and to continue to supply information on the implementation and impact of the Policy for the Advancement of Women as regards equal remuneration for men and women for work of equal value. The Committee also requests the Government to indicate the specific measures taken in this respect, particularly with regard to the development of education and the diversification of vocational training for girls and boys and for men and women, in order to combat occupational segregation in the labour market and create access to better paid jobs, occupations and posts.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the job classification system is largely based on qualifications and experience, regardless of the occupation or job under consideration, and that efforts are being made to introduce the criterion of the value of work done. The Committee recalls that the effective application of the principle of equal remuneration for men and women implies that the value of jobs can be determined on the basis of the tasks involved, objectively and free of any sexist stereotypes or prejudices, in order to classify them according to the value identified and thus establish the applicable rate of pay. Even though the Convention does not prescribe the use of a particular evaluation method, the Committee emphasized in its general observation of 2006 that for the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. These enable a systematic comparison of jobs on the basis of explicit, clearly defined criteria, thus reducing the risk of subjective decisions. Such methods analyse and classify` jobs on the basis of objective factors relating to the jobs to be compared, such as skill, effort, responsibility and working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. Inviting the Government to continue the efforts made to introduce the concept of the “value of work” in the job classification system, the Committee asks the Government to supply detailed information on the measures taken or contemplated, in cooperation with employers’ and workers’ organizations, for developing a job evaluation method on the basis of objective, non-discriminatory criteria, going beyond the qualifications and experience required for a job, and for promoting the use of this method in both the public and private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the information supplied by the Government on the activities of the Labour Advisory Committee (CCT) relating to labour legislation. It also notes that the validation of a national study on discrimination in employment and occupation within the context of the programme to support the implementation of the declaration (PAMODEC) has brought together all the social partners and also organizations from civil society. The Committee asks the Government to indicate specifically how the Government cooperates with the social partners to achieve equal remuneration for men and women for work of equal value and to provide information on the work of the CCT relating specifically to this issue.

Labour inspection. The Committee asks the Government to provide information on the activities of the labour inspectorate relating to enforcement in enterprises of the application of the legislation concerning equal remuneration for men and women and also on infringements reported or detected and penalties imposed. It also asks the Government to provide information on the measures taken or contemplated, particularly through specific training, to enable labour inspectors to be better equipped to detect discrimination with regard to remuneration and to handle such cases effectively.

Statistics. The Committee notes that in reply to its request for statistical data on remuneration for men and women, the Government indicates that the wage scales applicable in the different branches of activity of the public and private sectors are the same for men and women, with respect to the same jobs, and that there is no differentiation which would necessitate the compilation of statistics. The Committee recalls that the statistics requested relate to the actual earnings of men and women in practice and not to the wage scales applicable to the different branches of activity. Moreover, with reference to its general observation of 1998 on the Convention, the Committee wishes to emphasise that an analysis of the position and wages of men and women in all categories of employment, and also between sectors of economic activity as well as within them, is necessary for tackling the problem of the gender remuneration gap. It is necessary to have the fullest information possible to enable an adequate evaluation of the nature, extent and causes of any inequalities in remuneration between men and women and of the progress made with respect to the application of the principles of the Convention and to adopt suitable measures. The Committee encourages the Government to take the necessary steps to undertake the compilation and analysis of statistical information on the distribution of men and women in the public and private sectors and also on their respective levels of remuneration, and requests it to supply information on the progress made in this regard.

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

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. In its previous comments the Committee emphasized that the Labour Code, 2004, did not clearly reflect the principle of the Convention even though it explicitly established the principle of equal remuneration for men and women for work of equal value, since it also provided for equal wages for workers regardless of their sex “given equal conditions of work, vocational qualifications and output” (section 175). This led the Committee to recall the importance of ensuring that the principle of equal remuneration for work of equal value also applies to situations in which men and women work under different conditions or, have different qualifications, and nevertheless perform work of equal value. In its previous observation the Committee had noted that the
Labour Code was being revised. The Committee notes the adoption of Act
No. 028-2008/AN of 13 May 2008 issuing the Labour Code, section 182 of which  retains the same provisions as the former Labour Code with regard to equal remuneration for men and women. It therefore notes with regret that the Government has not taken the opportunity afforded by the elaboration of a new the Labour Code to bring these provisions fully into conformity with the principle of the Convention.

The Committee wishes to draw the Government’s attention to the fact that experience has shown that the requirement of “equal conditions of work, skill and output” can provide a pretext for paying women lower wages than men (General Survey of 1986 on equal remuneration, paragraph 54) and that the emphasis should rather be placed on the nature and value of work, which necessitates a comparison of tasks on the basis of objective and non-discriminatory criteria. Referring to its general observation of 2006, in which it spells out the meaning of the concept of “work of equal value”, the Committee emphasizes that it is essential to compare the value of the work done in different occupations, which may involve different qualifications and skills, responsibilities or working conditions but which are nevertheless of equal value. The Committee considers that the coexistence in the  Labour Code of 2008, of provisions on the one hand establishing equal remuneration for all workers irrespective of their sex “given equal conditions of work, vocational qualifications and output” and provisions on the other hand stating that “the determination of wages and the fixing of rates of pay must respect the principle of equal remuneration for men and women workers for work of equal value” may lead to confusion or conflict in the application of the principle of the Convention in practice, in view of the different criteria adopted. The Committee therefore requests the Government to take the necessary steps to bring section 182 of the Labour Code of 2008, into full conformity with the principle of equal remuneration for men and women for work of equal value established by the Convention and to supply information on any measures taken in this regard.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 1 of the Convention. The Committee notes from the Government’s report that the wage differentials between men and women are linked inter alia to the fact that family allowances and tax relief for family expenditure are granted to the man unless the woman expressly requests otherwise. The Committee refers to Article 1(a) of the Convention and asks the Government to send information on all measures taken or envisaged to abolish the discriminatory provisions on remuneration, particularly on family allowance and tax relief.

Article 2. National Policy for the Advancement of Women. The Committee notes that, according to the Government’s report, women account for 51 per cent of the population deemed to be living in extreme poverty. The Government also indicates that women are in the majority in the informal and agricultural sectors and are largely under-represented in most jobs, particularly middle and top management jobs, where they hold 10 per cent and 29.6 per cent of posts, respectively. The report further indicates that in Burkina Faso a woman’s life is still to a large extent governed by customary rules and practices which enshrine the traditional distribution of roles and tasks between men and women, and that some employers are reluctant to hire women in case family responsibilities keep them away from work. The Committee notes that in order to remedy the persistent inequalities between men and women, the National Policy for the Advancement of Women provides for priority measures to reduce social and cultural practices which are acknowledged as backward and demeaning for women, to promote women’s access to employment and training and their participation in decision-making bodies. The Committee asks the Government to send information on the application of the National Policy for the Advancement of Women as concerns the reduction of the wage differentials between men and women, and more particularly on its impact in reducing the segregation of women in the labour market and their participation in middle and top management posts.

Article 3. Objective job evaluation. The Committee notes once again that the Government has sent no information on the measures taken to have an objective evaluation of jobs carried out in the public and the private sectors. It points out that according to Article 3(1), application of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. The Committee refers the Government to its general observation of 2006 in which it pointed out that while it lays down no particular method for such an evaluation, the Convention does presuppose the use of appropriate techniques for objective job evaluation (general observation, 2006, paragraph 5). Since the information sent by the Government on the National Policy for the Advancement of Women shows that men and women do different jobs, it is essential to use such a technique that will determine whether the jobs that involve different work may nonetheless have the same value for the purpose of remuneration. The Committee points out that adopting non-discriminatory evaluation criteria and applying them in a uniform manner is of vital importance to reducing the wage differentials that arise from traditional stereotypes in terms of the “value of work”. The Committee accordingly repeats its request to the Government to send information on the operation of the job classification system and on any other initiatives taken in the public service or in enterprises to ensure that an objective job evaluation is carried out for the purpose of setting wages.

Objective evaluation of domestic tasks. The Committee notes that according to the Government’s report, the Economic Commission for Africa has paved the way for a pilot project in Burkina Faso with the aim of conducting a major evaluation of the domestic tasks performed by women. Economic aggregates are to be used in determining women’s economic and financial performance. The Committee asks the Government to send information on the progress made in conducting the evaluation of women’s domestic tasks and on the results obtained.

Article 4. Cooperation with the social partners. The Committee notes that cooperation with employers’ and workers’ organizations still takes place through the Labour Advisory Committee. Noting that the Government provides no information on the work of this body, the Committee reiterates its request for information on all activities carried out in cooperation with the social partners to promote the application of the Convention.

Practical application of the principle. The Committee notes from the Government’s report that significant progress has been made in applying the principle of equality of remuneration between men and women in that no complaints in this area have been recorded by the labour inspection services. The Government further indicates that in order to ensure that the principle of equality of remuneration is applied effectively, it is gradually providing the inspectorate with the necessary means to inspect workplaces. The Committee wishes to draw the Government’s attention to the fact that the absence of complaints does not necessarily mean that there is no wage discrimination. It can also be an indication of a lack of awareness on the part of victims of their rights and the means of redress available to them. The Committee asks the Government to keep it informed of the measures taken to ensure effective application of the principle of the Convention, particularly advocacy and information campaigns about the principle of the Convention. It also asks the Government to keep it informed of any judicial or administrative decisions relating to the principle of the Convention.

Part V of the report form. Statistical information. The Committee notes that, according to the Government’s report, there are no wage differentials between men and women workers. It notes, however, that the Government provides no statistics in support of this statement. In view of the difficulties involved in assessing progress made in the application of the principle of equality of remuneration, the Committee asks the Government once again to provide, in so far as it is able, statistics on the remuneration of men and women in the labour market.

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

1. Article 1 of the Convention. The Committee notes from the Government’s report that the wage differentials between men and women are linked inter alia to the fact that family allowances and tax relief for family expenditure are granted to the man unless the woman expressly requests otherwise. The Committee refers to Article 1(a) of the Convention and asks the Government to send information on all measures taken or envisaged to abolish the discriminatory provisions on remuneration, particularly on family allowance and tax relief.

2. Article 2. National Policy for the Advancement of Women. The Committee notes that, according to the Government’s report, women account for 51 per cent of the population deemed to be living in extreme poverty. The Government also indicates that women are in the majority in the informal and agricultural sectors and are largely under-represented in most jobs, particularly middle and top management jobs, where they hold 10 per cent and 29.6 per cent of posts, respectively. The report further indicates that in Burkina Faso a woman’s life is still to a large extent governed by customary rules and practices which enshrine the traditional distribution of roles and tasks between men and women, and that some employers are reluctant to hire women in case family responsibilities keep them away from work. The Committee notes that in order to remedy the persistent inequalities between men and women, the National Policy for the Advancement of Women provides for priority measures to reduce social and cultural practices which are acknowledged as backward and demeaning for women, to promote women’s access to employment and training and their participation in decision-making bodies. The Committee asks the Government to send information on the application of the National Policy for the Advancement of Women as concerns the reduction of the wage differentials between men and women, and more particularly on its impact in reducing the segregation of women in the labour market and their participation in middle and top management posts.

3. Article 3. Objective job evaluation. The Committee notes once again that the Government has sent no information on the measures taken to have an objective evaluation of jobs carried out in the public and the private sectors. It points out that according to Article 3(1), application of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. The Committee refers the Government to its general observation of 2006 in which it pointed out that while it lays down no particular method for such an evaluation, the Convention does presuppose the use of appropriate techniques for objective job evaluation (general observation, 2006, paragraph 5). Since the information sent by the Government on the National Policy for the Advancement of Women shows that men and women do different jobs, it is essential to use such a technique that will determine whether the jobs that involve different work may nonetheless have the same value for the purpose of remuneration. The Committee points out that adopting non-discriminatory evaluation criteria and applying them in a uniform manner is of vital importance to reducing the wage differentials that arise from traditional stereotypes in terms of the “value of work”. The Committee accordingly repeats its request to the Government to send information on the operation of the job classification system and on any other initiatives taken in the public service or in enterprises to ensure that an objective job evaluation is carried out for the purpose of setting wages.

4. Objective evaluation of domestic tasks. The Committee notes that according to the Government’s report, the Economic Commission for Africa has paved the way for a pilot project in Burkina Faso with the aim of conducting a major evaluation of the domestic tasks performed by women. Economic aggregates are to be used in determining women’s economic and financial performance. The Committee asks the Government to send information on the progress made in conducting the evaluation of women’s domestic tasks and on the results obtained.

5. Article 4. Cooperation with the social partners. The Committee notes that cooperation with employers’ and workers’ organizations still takes place through the Labour Advisory Committee. Noting that the Government provides no information on the work of this body, the Committee reiterates its request for information on all activities carried out in cooperation with the social partners to promote the application of the Convention.

6. Practical application of the principle. The Committee notes from the Government’s report that significant progress has been made in applying the principle of equality of remuneration between men and women in that no complaints in this area have been recorded by the labour inspection services. The Government further indicates that in order to ensure that the principle of equality of remuneration is applied effectively, it is gradually providing the inspectorate with the necessary means to inspect workplaces. The Committee wishes to draw the Government’s attention to the fact that the absence of complaints does not necessarily mean that there is no wage discrimination. It can also be an indication of a lack of awareness on the part of victims of their rights and the means of redress available to them. The Committee asks the Government to keep it informed of the measures taken to ensure effective application of the principle of the Convention, particularly advocacy and information campaigns about the principle of the Convention. It also asks the Government to keep it informed of any judicial or administrative decisions relating to the principle of the Convention.

7. Part V of the report form. Statistical information. The Committee notes that, according to the Government’s report, there are no wage differentials between men and women workers. It notes, however, that the Government provides no statistics in support of this statement. In view of the difficulties involved in assessing progress made in the application of the principle of equality of remuneration, the Committee asks the Government once again to provide, in so far as it is able, statistics on the remuneration of men and women in the labour market.

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

Legislation. Work of equal value. The Committee noted in its previous comments that section 175 of the Labour Code (Act No. 33-2004/AN of 14 September 2004) did not clearly reflect the principle of the Convention. Section 175 expressly establishes the principle of equal pay for work of equal value but at the same time provides that where conditions of work are equal, wages shall be equal for all workers. The Committee notes that these provisions of the Labour Code are undergoing revision. In the Committee’s view, it would be important in the course of this revision to clarify that the principle of equal pay for work of equal value also applies to situations in which men and women working in different conditions or having different qualifications nevertheless perform work of equal value for the purpose of remuneration. In this regard, the Committee draws the Government’s attention to its general observation of 2006. It hopes that in the course of the revision of the Labour Code, the Government will take the necessary measures in order to bring section 175 of the Labour Code into line with the principle of the Convention. It asks the Government to provide a copy of the new provisions of the Code.

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

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

1. Article 2 of the Convention. Promotion of the principle of equal remuneration for work of equal value. Recalling the adoption of a national policy for the promotion of women (Decree No. 2004-486/PRES/PM/MPF), the Committee once again asks the Government to provide with its next report a copy of this policy, as well as information on the measures taken under the policy to promote the principle of equal remuneration between men and women for work of equal value, in particular with respect to addressing the occupational segregation of women in both the public and private sectors, and the results achieved.

2. The Committee notes from the Government’s report submitted to the Committee on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/BFA/4-5, page 35) that wage discrimination occurs in the private sector. The Government indicates that measures for redress exist before the labour inspectorate and the labour courts, but that fear of the courts, lack of confidence in the magistrates, fear of losing their jobs or ignorance of their rights or procedures, limit the legal action taken by women. The Committee asks the Government to indicate the measures taken or envisaged to overcome these problems with a view to ensuring the effective enforcement of the principle of equal remuneration for men and women for work of equal value in the private sector.

3. Article 3. Objective evaluation of jobs. With respect to the establishment of a national job classification system, the Committee notes the Government’s statement that the mechanism is still not operational. Recalling that, according to a previous report, the system was to begin in 1997, the Committee urges the Government to provide information on the steps taken to put into operation the job classification system, as well as on any other initiatives in the public service or at the enterprise level to undertake objective evaluation of jobs for the purposes of wage fixing.

4. Article 4. Cooperation with the social partners. Noting once again the absence of any information regarding this point, the Committee must reiterate its request to the Government to supply information on any activities taken in cooperation with the social partners to promote the application of the Convention.

5. Part V of the report form. Statistical information. The Committee recalls its previous comments regarding the importance of collecting and analysing statistical data concerning the levels of remuneration of women and men with a view to assessing the extent, scope and nature of existing pay inequalities between men and women. The Committee requests the Government, once again, to make every effort to collect and provide such data with its next report.

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

Articles 1(b) and 2 of the Convention. Giving legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes section 175 of the Labour Code (Act No. 33‑2004/AN of 14 September 2004), which provides that “where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status. When setting the rates of remuneration, the principle of equal remuneration for men and women for work of equal value shall be respected”. While welcoming the explicit reference to the principle of the Convention in the Labour Code, the Committee recalls that the Convention also applies to situations where men and women work under different working conditions or have different qualifications, but nevertheless perform jobs of equal value. The Committee notes the Government’s indication that the principle of the Convention is fully applied in practice through, for example, the prohibition of discrimination in article 41 of the Inter-Occupational Collective Agreement of 9 July 1974. The Committee asks the Government, however, to provide information beyond the legal expression of the principle of equal remuneration, demonstrating how section 175 of the Labour Code is applied in practice. Such information should include the manner in which the labour inspectorate is ensuring the application of the relevant legislation as well as information on any cases dealt with by the courts involving the application of section 175 of the Labour Code.

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

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

1. Article 1 of the Convention. Legislative measures. The Committee notes the adoption of the new Labour Code (Act No. 33-2004/AN of 14 September 2004). It notes that the Code in section 175 continues to provide that "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status". This, however, does not fully reflect the principle of the Convention. In this context, the Committee points out once again that the Convention sets out the principle of equal remuneration for men and women for work of equal value and applies to  situations where men and women work under different working conditions or with different qualifications, but nevertheless perform jobs of equal value. The Committee hopes the Government will consider amending section 175 in order to bring it fully into line with the Convention. In the meantime, please provide information on how the principle of equal remuneration for work of equal value is applied in practice.

2. Article 2. Promotion of the principle of the Convention. The Committee notes with interest the adoption of a national policy for the promotion of women by Decree No. 2004-486/PRES/PM/MPF of 10 November 2004. The Government is asked to provide a copy of this policy as well as information on the measures taken under the policy to promote the principle of equal remuneration between men and women for work of equal value, and the results achieved.

3. 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 in relevant parts as follows:

[…]

2. The Committee notes from the Government’s report that the national job classification system that was envisaged has not yet been established. The Committee hopes that the Government will continue to provide information in this regard in its next report. Please also provide information on any other initiatives in the public service or at the sector or enterprise level to undertake objective evaluation of jobs for the purposes of wage fixing.

3. With regard to the collection of statistical information concerning the levels of remuneration of women and men, the Committee once again encourages the Government to make every effort to collect such data and to share it with the Committee. Such information is of crucial importance in order to be able to assess the extent, scope and nature of existing inequalities in remuneration as between men and women. Recalling that the UN Committee on the Elimination of Discrimination against Women underlined in its 1999 concluding observations the existence of labour market segregation with regard to levels of remuneration, the Committee urges the Government to take all possible action to improve the status of women in the labour market, increase education and skill levels of women and widen occupational choices for women, all of which should lead to an improved application of the Convention.

4. The Committee reiterates its request to the Government to supply information on any activities of the social partners to promote the application of the Convention.

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

The Committee takes note of the Government’s reports.

1. The Committee notes the Government’s confirmation that section 104 of the Labour Code (Act No. 11/92), which provides that "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status", is still in force. In this context, the Committee recalls its previous comments concerning the formulation of section 104, emphasizing that the Convention lays out the principle of equal remuneration for men and women for work of equal value. The Committee is of the view that the current formulation of section 104 does not fully reflect the principle of the Convention. The Convention also covers situations where men and women work under different working conditions or with different qualifications, but perform jobs of equal value. The Committee hopes the Government will consider amending section 104 in order to bring it fully into line with the Convention. Please provide information on any other measures taken to ensure that the principle of the Convention is applied in practice.

2. The Committee notes from the Government’s report that the national job classification system that was envisaged has not yet been established. The Committee hopes that the Government will continue to provide information in this regard in its next report. Please also provide information on any other initiatives in the public service or at the sector or enterprise level to undertake objective evaluation of jobs for the purposes of wage fixing.

3. With regard to the collection of statistical information concerning the levels of remuneration of women and men, the Committee once again encourages the Government to make every effort to collect such data and to share it with the Committee. Such information is of crucial importance in order to be able to assess the extent, scope and nature of existing inequalities in remuneration as between men and women. Recalling that the UN Committee on the Elimination of Discrimination against Women underlined in its 1999 concluding observations the existence of labour market segregation with regard to levels of remuneration, the Committee urges the Government to take all possible action to improve the status of women in the labour market, increase education and skill levels of women and widen occupational choices for women, all of which should lead to an improved application of the Convention.

4. The Committee reiterates its request to the Government to supply information on any activities of the social partners to promote the application of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee takes note of the Government’s report.

1. The Committee notes with interest the information on section 104 of the Labour Code. The Committee asks the Government to confirm whether this is the text currently in force and reiterates its request for a copy of the final text of the Labour Code.

2. The Committee notes that the Government has not provided any information on the establishment of a national job classification system, which according to a previous report was to begin in 1997. The Committee hopes that the Government will supply information in this regard in its next report.

3. Noting its difficulties in providing statistical data, the Committee can only reiterate the hope that the Government, as well as workers’ and employers’ organizations, will strive to collect the information necessary to assess the extent, scope and nature of existing inequalities in remuneration between men and women. In this regard, the Committee notes that the second and third periodic report submitted by the Government under the UN Convention on the Elimination of All Forms of Discrimination against Women points out the existence of discrimination in recruitment in both the private and public sector. Moreover, the Committee notes that concluding observations of the UN Committee on the Elimination of Discrimination against Women on the Government’s report also underline that men and women receive differentiated levels of remuneration (paragraph 279). The Committee urges the Government to take all possible action to improve the status of women in the labour market, increase education and skill levels of women and widen occupational choices, all of which should lead to an improved application of the Convention.

4. Please also supply information on any activities of the social partners to promote the application of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. With respect to the Committee's request for statistical data in its previous comments, the Committee draws the Government's attention to its 1998 general observation. 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 earlier direct request, which read as follows:

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

1. The Committee notes the information to the effect that its previous comments on the formulation of section 104 of the Labour Code (which stipulates that where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code) have been taken into account in the process of revising the Labour Code which is currently under way. It therefore awaits with interest the copy of the final text which the Government has undertaken to supply in due course.

2. The Committee notes that the establishment of a national job classification system, announced in 1994, will finally being in 1997 and that the Government confirms its wish to request ILO technical assistance. In this regard, the Committee wishes to emphasize that, according to Article 3 of the Convention, some form of objective job evaluation is the only means of establishing differential rates and that it is therefore important for a State which has ratified the Convention to adopt a technique for measuring and comparing objectively whether jobs involving different work have, nevertheless the same value for the purposes of remuneration. For further details, please refer to paragraphs 138 to 152 of the Committee's 1986 General Survey on equal remuneration.

3. The Committee notes the Government's affirmation that application of the provisions of the Convention is satisfactory in general terms. It notes, however, that the report does not contain any statistical data on actual average earnings of men and women as they are not available and that research in this field does not allow a true assessment of the extent, scope and nature of possible inequalities. It notes the Government's undertaking to communicate information on the activities of the labour inspectorate which could demonstrate the application of the principle of the Convention. Observing that the nature and evolving character of the principle of equal remuneration will necessarily lead to difficulties in application, the Committee can only reiterate the wish that the Government -- as well as employers' and workers' organizations -- will endeavour to collect the information requested in order to be aware precisely of the nature and extend of any inequalities in remuneration and to prepare measures to eradicate them, if necessary.

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

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:

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

1. The Committee notes the information to the effect that its previous comments on the formulation of section 104 of the Labour Code (which stipulates that where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code) have been taken into account in the process of revising the Labour Code which is currently under way. It therefore awaits with interest the copy of the final text which the Government has undertaken to supply in due course.

2. The Committee notes that the establishment of a national job-classification system announced in 1994 will finally begin in 1997 and that the Government confirms its wish to request ILO technical assistance. In this regard, the Committee wishes to emphasize that according to Article 3 of the Convention some form of objective job evaluation is the only means of establishing differential rates and that it is therefore important for a State which has ratified the Convention to adopt a technique for measuring and comparing objectively whether jobs involving different work have, nevertheless, the same value for the purposes of remuneration. For further details, please refer to paragraphs 138 to 152 of the Committee's 1986 General Survey on equal remuneration.

3. The Committee notes the Government's affirmation that application of the provisions of the Convention is satisfactory in general terms. It notes, however, that the report does not contain any statistical data on actual average earnings of men and women as they are not available, and that research in this field does not allow a true assessment of the extent, scope and nature of possible inequalities. It notes the Government's undertaking to communicate information on the activities of the labour inspectorate which could demonstrate the application of the principle of the Convention. Observing that the nature and evolving character of the principle of equal remuneration will necessarily lead to difficulties in application, the Committee can only reiterate the wish that the Government -- as well as employers' and workers' organizations -- will endeavour to collect the information requested in order to be aware precisely of the nature and extent of any inequalities in remuneration and to prepare measures to eradicate them, if necessary.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

1. The Committee notes the information to the effect that its previous comments on the formulation of section 104 of the Labour Code (which stipulates that where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code) have been taken into account in the process of revising the Labour Code which is currently under way. It therefore awaits with interest the copy of the final text which the Government has undertaken to supply in due course.

2. The Committee notes that the establishment of a national job-classification system announced in 1994 will finally begin in 1997 and that the Government confirms its wish to request ILO technical assistance. In this regard, the Committee wishes to emphasize that according to Article 3 of the Convention some form of objective job evaluation is the only means of establishing differential rates and that it is therefore important for a State which has ratified the Convention to adopt a technique for measuring and comparing objectively whether jobs involving different work have, nevertheless, the same value for the purposes of remuneration. For further details, please refer to paragraphs 138 to 152 of the Committee's 1986 General Survey on equal remuneration.

3. The Committee notes the Government's affirmation that application of the provisions of the Convention is satisfactory in general terms. It notes, however, that the report does not contain any statistical data on actual average earnings of men and women as they are not available, and that research in this field does not allow a true assessment of the extent, scope and nature of possible inequalities. It notes the Government's undertaking to communicate information on the activities of the labour inspectorate which could demonstrate the application of the principle of the Convention. Observing that the nature and evolving character of the principle of equal remuneration will necessarily lead to difficulties in application, the Committee can only reiterate the wish that the Government -- as well as employers' and workers' organizations -- will endeavour to collect the information requested in order to be aware precisely of the nature and extent of any inequalities in remuneration and to prepare measures to eradicate them, if necessary.

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 statement that although section 104 of the new Labour Code (which stipulates that "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code") does not reproduce the formulation proposed in the ILO's technical comments on the draft Code, it nonetheless reflects their intent, since in practice when a woman's work is different from that of a man but of equal value, she receives the same treatment.

With reference to Article 2, paragraph 2, of the Convention under which the principle of equal remuneration for men and women workers for work of equal value may be applied: (a) either by the national legislation; (b) or by a wage-fixing system established by law; (c) or by collective agreements between employers and workers; (d) or by a combination of these methods, the Committee asks the Government to indicate in its next report the measures taken or envisaged to include in the implementing decrees and regulations provided for in the new Labour Code, pending the forthcoming review of the Code, or in the relevant collective agreements, a provision expressly establishing the principle of equal pay for work of equal value and not for the same work. Please provide copies of such decrees and collective agreements as soon as they have been adopted.

2. The Committee notes with interest that the Government's 1994 activities programme provides for a national job-classification system to be established and that the Government will request ILO assistance in this matter in due course. The Committee confirms that the ILO is ready to provide technical assistance in this area if so requested. It asks the Government to provide detailed information in its next report on the implementation of the above programme and the progress made in setting up an objective job evaluation system so that the value of the various tasks can be compared, as recommended in Article 3 of the Convention. Please refer in this connection to paragraphs 138 to 152 of the Committee's General Survey of 1986 on equal remuneration, in which it describes methods for evaluating jobs and the results obtained by applying these methods in various countries.

3. With reference to paragraph 3 of its previous direct request, the Committee asks the Government to endeavour, with the cooperation of the employers' and workers' organizations, to compile statistics on earnings and related factors and to analyse them, so as to understand better the exact nature and extent of existing inequalities and devise measures to eliminate them, as recommended in paragraph 248 of the General Survey.

4. Noting from the report that the labour inspection services are responsible for regular supervision of the effective application of the principle of the Convention, and that, to date, they have recorded no infringements, the Committee asks the Government to continue to provide information on the measures taken to ensure supervision of the provisions of laws and agreements concerning equal remuneration and, in particular, on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report, particularly the adoption of Act No. 11/92 of 22 December 1992 issuing the new Labour Code.

1. The Committee notes the Government's statement that although section 104 of the new Labour Code (which stipulates that "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code") does not reproduce the formulation proposed in the ILO's technical comments on the draft Code, it nonetheless reflects their intent, since in practice when a woman's work is different from that of a man but of equal value, she receives the same treatment.

With reference to Article 2, paragraph 2, of the Convention under which the principle of equal remuneration for men and women workers for work of equal value may be applied: (a) either by the national legislation; (b) or by a wage-fixing system established by law; (c) or by collective agreements between employers and workers; (d) or by a combination of these methods, the Committee asks the Government to indicate in its next report the measures taken or envisaged to include in the implementing decrees and regulations provided for in the new Labour Code, pending the forthcoming review of the Code, or in the relevant collective agreements, a provision expressly establishing the principle of equal pay for work of equal value and not for the same work. Please provide copies of such decrees and collective agreements as soon as they have been adopted.

2. The Committee notes with interest that the Government's 1994 activities programme provides for a national job-classification system to be established and that the Government will request ILO assistance in this matter in due course. The Committee confirms that the ILO is ready to provide technical assistance in this area if so requested. It asks the Government to provide detailed information in its next report on the implementation of the above programme and the progress made in setting up an objective job evaluation system so that the value of the various tasks can be compared, as recommended in Article 3 of the Convention. Please refer in this connection to paragraphs 138 to 152 of the Committee's General Survey of 1986 on equal remuneration, in which it describes methods for evaluating jobs and the results obtained by applying these methods in various countries.

3. With reference to paragraph 3 of its previous direct request, the Committee asks the Government to endeavour, with the cooperation of the employers' and workers' organizations, to compile statistics on earnings and related factors and to analyse them, so as to understand better the exact nature and extent of existing inequalities and devise measures to eliminate them, as recommended in paragraph 248 of the General Survey.

4. Noting from the report that the labour inspection services are responsible for regular supervision of the effective application of the principle of the Convention, and that, to date, they have recorded no infringements, the Committee asks the Government to continue to provide information on the measures taken to ensure supervision of the provisions of laws and agreements concerning equal remuneration and, in particular, on the activities of the labour inspectorate (infringements recorded, sanctions imposed) and on court decisions relating to the Convention.

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

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:

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report, and in particular the fact that it is taking into account the possibility of making use of ILO advice and cooperation. Since the report was received, such advice has been supplied in the form of comments on a preliminary draft of the Labour Code; the Committee therefore requests the Government to keep it informed of any progress achieved in the adoption of this new Code.

1. The Committee notes that according to section 104 of the preliminary draft "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code". Noting that, in its technical comments on the preliminary draft, the Office proposed the amendment of this provision so as to bring it into conformity with Article 1(b) of the Convention, which lays out the principle of equal remuneration for work of equal value, the Committee asks the Government to indicate the measures taken or envisaged to implement this principle in its legislation and practice in cases where women engage in work of a different nature, but which could be of value equal to that of work carried out by men.

2. The Committee notes from the Government's report that a national system for the objective evaluation of jobs does not yet exist in Burkina Faso and that the Government is envisaging making use of ILO cooperation in order to establish such a system. The Committee confirms the availability of the ILO to provide assistance in undertaking this work if so requested. While awaiting such a request, it asks the Government to supply in its next report information on the measures which have been taken to give effect to Article 3 of the Convention and to keep it informed of the progress achieved in this respect. (Please refer in this connection to the explanations provided in paragraphs 21, 51-62 and 138-152 of its 1986 General Survey on Equal Remuneration.)

3. The Committee notes the Government's statement that the application of the principle of equal remuneration to the proportion of wages which are above the minimum wage is ensured by the system of classification and wage tables in collective agreements in the private sector and by the specific conditions of service for employees in the public sector. It requests the Government to supply in its next report detailed information allowing it to evaluate how the principle of equal remuneration is applied in practice, and particularly: (i) the salary scales applicable in the public sector under the general conditions of service of the public service and the specific conditions of service of employees in the public and semi-public sector, with an indication of the percentage of men and women employed at different levels; (ii) the wage levels established by collective agreements in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels; (iii) statistical data concerning the minimum wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualification.

4. Noting that the new Constitution was adopted on 11 June 1991, the Committee also requests the Government to supply in its next report details on any measures which have been taken to give effect to the Convention in law and in practice, including the measures taken by labour inspectors to ensure and promote the application of the principle of equal remuneration between men and women workers for work of equal value.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report, and in particular the fact that it is taking into account the possibility of making use of ILO advice and cooperation. Since the report was received, such advice has been supplied in the form of comments on a preliminary draft of the Labour Code; the Committee therefore requests the Government to keep it informed of any progress achieved in the adoption of this new Code.

1. The Committee notes that according to section 104 of the preliminary draft "where there are equal working conditions, professional qualifications and output, the salary shall be equal for all workers no matter what their origin, sex, age or status under the conditions laid down in this part of the Code". Noting that, in its technical comments on the preliminary draft, the Office proposed the amendment of this provision so as to bring it into conformity with Article 1(b) of the Convention, which lays out the principle of equal remuneration for work of equal value, the Committee asks the Government to indicate the measures taken or envisaged to implement this principle in its legislation and practice in cases where women engage in work of a different nature, but which could be of value equal to that of work carried out by men.

2. The Committee notes from the Government's report that a national system for the objective evaluation of jobs does not yet exist in Burkina Faso and that the Government is envisaging making use of ILO cooperation in order to establish such a system. The Committee confirms the availability of the ILO to provide assistance in undertaking this work if so requested. While awaiting such a request, it asks the Government to supply in its next report information on the measures which have been taken to give effect to Article 3 of the Convention and to keep it informed of the progress achieved in this respect. (Please refer in this connection to the explanations provided in paragraphs 21, 51-62 and 138-152 of its 1986 General Survey on Equal Remuneration.)

3. The Committee notes the Government's statement that the application of the principle of equal remuneration to the proportion of wages which are above the minimum wage is ensured by the system of classification and wage tables in collective agreements in the private sector and by the specific conditions of service for employees in the public sector. It requests the Government to supply in its next report detailed information allowing it to evaluate how the principle of equal remuneration is applied in practice, and particularly: (i) the salary scales applicable in the public sector under the general conditions of service of the public service and the specific conditions of service of employees in the public and semi-public sector, with an indication of the percentage of men and women employed at different levels; (ii) the wage levels established by collective agreements in various sectors of activity, with an indication if possible of the percentage of women covered by these agreements and the distribution of men and women employed at different levels; (iii) statistical data concerning the minimum wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualification.

4. Noting that the new Constitution was adopted on 11 June 1991, the Committee also requests the Government to supply in its next report details on any measures which have been taken to give effect to the Convention in law and in practice, including the measures taken by labour inspectors to ensure and promote the application of the principle of equal remuneration between men and women workers for work of equal value.

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

The Committee notes that in reply to its previous direct request the Government has stated that the principle of "equal pay for equal work" is a principle of social justice, and that it is a basic component of the Government's policies.

The Committee recalls that in its 1985 direct request it had noted that the guaranteed inter-occupational minimum hourly wage and the guaranteed inter-occupational minimum wages of workers in agricultural undertakings apply to both sexes without distinction, and that it had asked the Government to indicate how the principle of equal remuneration was applied to the part of remuneration that exceeds the minimum wage. In this connection, it recalled that, under Article 1(a) of the Convention, the term "remuneration" includes not only the basic wage but also any other elements paid by the employee.

In reply, the Government referred in its report received in October 1987, to section 90 of the Labour Code and to section 38 of the Inter-occupational Collective Agreement of 9 July 1974, which provide that under equal conditions of work, vocational qualifications and output, wages shall be equal for all workers irrespective of their origin, sex, age or status. The Committee noted in its 1988 direct request that equal remuneration should apply for work of "equal value", not simply to cases of equal conditions of work as indicated in the Government's report. It asked for information on the measures taken or contemplated to give effect to this principle, particularly in cases where, in practice, men and women perform work of a different nature but of equal value. In this connection, the Committee drew the Government's attention to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

The Committee notes the assurances given by the Government that the Convention is fully applied, and requests it to indicate in its next report:

(a)how the principle of equal remuneration for work of equal value is applied for remuneration higher than the minimum wage; and

(b)how effect is given to this principle in cases where, in practice, men and women perform work of a different nature but of equal value.