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

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP) received on 30 August 2023. The Committee requests the Government to provide its comments in this respect.

The Committee notes that the Government’s report has not been received despite its urgent appeal in 2019. It hopes that the next report will contain full information on the matters raised in its previous comments.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019. It requests the Government to provide its comments in this respect.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations from the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018, the observations from the Trade Union Federation of Haiti (CSH) received on 1 September 2018 and the observations from the Association of Haitian Industries (ADIH). The Committee requests the Government to provide its comments thereon.

The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects 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 comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

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

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSP), received on 1 September 2019. It requests the Government to provide its comments in this respect.

The Committee also notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations from the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018, the observations from the Trade Union Federation of Haiti (CSH) received on 1 September 2018 and the observations from the Association of Haitian Industries (ADIH). The Committee requests the Government to provide its comments thereon.

The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects 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 comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the Government’s communication received on 30 October 2018 in which it informs the Committee that, further to the conclusions of the Conference Committee, it has requested ILO technical assistance with a view to helping in the presentation of the reports due, strengthening the inspection services, consolidating social dialogue for the continuation of social reforms, and addressing the other points raised by the Conference Committee. The Government adds that it hopes to receive the requested assistance before the next session of the International Labour Conference. The Committee hopes that this technical assistance will be provided without delay.

The Committee notes the observations from the Confederation of Public and Private Sector Workers (CTSP) received on 29 August 2018, the observations from the Trade Union Federation of Haiti (CSH) received on 1 September 2018 and the observations from the Association of Haitian Industries (ADIH). The Committee requests the Government to provide its comments thereon.

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2009.

The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects 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 comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2009, with the exception of the first paragraph in 2016. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects 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 comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

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

The Committee notes with concern that the Government’s report has not been received. The Committee notes the observations made by the Confederation of Workers of the Public and Private Sectors (CTSP), received on 31 August 2015 and forwarded to the Government on 16 September 2016. Reaffirming its observations received in 2015, the CTSP indicates that there is systematic and widespread violation of the principle of the Convention both in the private and public sectors. The Committee requests the Government to provide its comments on the issues raised by the CTSP in 2015 and 2016, and to indicate any steps taken to ensure that salaries and promotions both in the public and private sectors are based on objective criteria and free from gender-based discrimination, so that to ensure that men and women receive equal remuneration for work of equal value. The Committee expects 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 comments.

Repetition

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations received on 31 August 2015 from the Confederation of Workers of the Public and Private Sectors (CTSP) on the application of the Convention. The CTSP indicates that the principle of equal pay for work of equal value is not respected in the country and that promotions and salary are not awarded on the basis of objective criteria. The Committee requests the Government to provide its comments on the CTSP’s allegations and to indicate any steps taken to ensure that salaries and promotions in the public sector are based on objective criteria, free from gender-based discrimination, and that men and women receive equal remuneration for work of equal value.

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4-1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret 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 comments.

Repetition

The Committee notes that the preliminary version of the new Labour Code is being drafted, with the technical assistance of the ILO. It hopes that it will be soon adopted and take into account the following comments.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4 1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the preliminary version of the new Labour Code is being currently drafted, with the technical assistance of the ILO. It hopes that it will be soon adopted and take into account the following comments.

The Committee further 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:

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4 1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee notes the Government’s statement to the effect that the Ministry of Social Affairs and Labour is working to provide training for labour inspectors and conciliators regarding the application of the labour legislation. It also notes the information relating to inspections conducted in enterprises, particularly that the problems identified are largely connected with overtime hours. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. The Committee previously noted the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. However, the Committee notes the Government’s indication that, although Parliament has voted for this Act, it has not yet come into force since it has to be promulgated by the Executive. The Committee asks the Government to take the necessary steps to promulgate the Domestic Work Act in the near future. It also asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, once the Domestic Work Act comes into force.

Article 2. Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indications that the “think tank” responsible for the review of the Labour Code has the task of ensuring that the provisions of section 65(e) of the Labour Code concerning the content of collective agreements (“equal remuneration for equal work”) are aligned with those of section 317 of the Labour Code which explicitly lay down the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to take the opportunity presented by the revision of the Labour Code to amend the provisions of section 65(e) concerning the content of collective agreements so as to incorporate the principle of equal remuneration for men and women for work of equal value.

Collective agreements. The Committee notes that the collective agreement concluded in 2005 between the Sendika Ouvriye Kodevi Wanament (SOKOWA) and the Compagnie de développement industriel (CODEVI), an enterprise located in the Ouanamithe export processing zone and the only Haitian enterprise to have concluded a collective agreement, to which the Government refers in its report, does not reflect the principle of equal remuneration for work of equal value, since it provides for equal pay for all workers for “equal work performed under equal conditions of efficacy and efficiency” (section 5.1). The Committee recalls that, owing to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market as it permits a broad scope of comparison, including equal remuneration for “equal”, “the same” or “similar” work but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps, in collaboration with the social partners, to promote the inclusion in collective agreements, including the CODEVI collective agreement, of provisions observing the principle of equal remuneration for men and women for work of equal value.

Articles 2 and 3. Minimum wages. The Committee notes that the Higher Wage Council was re-established by the Act of 18 August 2009 establishing the minimum wage to be paid in industrial and commercial workplaces, sections 4, 4 1 and 4-2 of which lay down its powers and mode of operation. However, the Government points out that the Council is not operational at present, since its members have not yet been appointed. The Committee recalls that, as women predominate in low-wage employment and a uniform national minimum wage system helps to raise the earnings of the lowest paid, such a system has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (General Survey, 2012, paragraph 683). The Committee again asks the Government to supply information on the establishment of the Higher Wage Council and the activities relating to the fixing or revision of the minimum wage, stating the wage-fixing method used.

Enforcement. Labour inspection. The Committee notes the Government’s statement to the effect that the Ministry of Social Affairs and Labour is working to provide training for labour inspectors and conciliators regarding the application of the labour legislation. It also notes the information relating to inspections conducted in enterprises, particularly that the problems identified are largely connected with overtime hours. The Committee again encourages the Government to continue and intensify the training activities for labour inspectors relating to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to make employers, workers and their organizations more aware of the principle established by the Convention. Please also continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the Government’s statement that it does not have any reliable statistics on remuneration for men and women owing to the fact that the Higher Wage Council is not operational at present. The Committee hopes that the Government will soon be in a position to supply recent statistics on remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practicein practice.in practice.

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. In its previous comments, the Committee noted that the Ministry for the Status of Women and Women’s Rights (MCFDF) had conducted an examination of the legislation with a view to revising laws which discriminate on the basis of sex and, in particular, provisions of the Labour Code establishing a special regime for domestic workers (sections 254–265). It also noted that this category of workers is often seriously affected by wage disparities between men and women for work of equal value and by the undervaluation of work performed by women. The Committee notes the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, as amended in 2009 by the Domestic Work Act. The Committee also asks the Government to specify the date of entry into force and publication in the Official Journal of this Act.

Article 2. Equal remuneration for work of equal value. Legislation and collective agreements. The Committee notes that section 65(e) of the Labour Code provides that “any collective labour agreement must contain the following requirements: … establishment of the principle of equal remuneration for equal work, and equally applicable to nationals or foreigners, men or women”, whereas section 317 of the same Code explicitly lays down the principle of equal remuneration for men and women for work of equal value. Recalling that the principle of equal remuneration for work of equal value goes beyond the concept of equal remuneration for equal work, the Committee asks the Government to take the necessary steps to align the provisions of section 65(e) of the Labour Code concerning the content of collective agreements to those of section 317 of the Code providing for equal remuneration for men and women for work of equal value, and to supply information on the measures taken in this respect. It also asks the Government to indicate whether the collective agreements in force contain clauses which reflect the principle of equal remuneration for men and women for work of equal value, and to send extracts of collective agreements concerning remuneration for workers.

Articles 2 and 3. Minimum wages and objective job evaluation. In reply to the Committee’s previous comments underlining the importance of carrying out objective job evaluation in order to identify work of equal value and thereby apply the principle of equal remuneration for men and women as set out in the Convention, the Government indicates that it intends to make the Higher Wage Council operational, as mandated pursuant to the Labour Code (section 297). The Committee notes that this tripartite council will have the task of revising and determining minimum wages taking into account macroeconomic indices. Recalling that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration prescribed by the Convention, the Committee would like to draw the Government’s attention to the need to ensure that the job evaluation method used to fix or revise minimum wages is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, the Committee recalls that it is important to ensure that certain skills considered to be “female”, such as manual dexterity and those required in caring professions, are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to supply information on the setting up of the Higher Wage Council and on its activities relating to the fixing or revision of minimum wages, stating the method used by the Council.

Application of the law. Labour inspection. The Committee notes the Government’s statement to the effect that, in order to promote equal remuneration and apply it in practice, in accordance with the Convention and section 317 of the Labour Code, it is about to prepare, with technical assistance from the ILO in the context of the “Better Work” project, a labour inspection guide which will take account of all the ratified Conventions. It also notes the information supplied by the Government on the inspections undertaken and the workers covered. The Committee welcomes the efforts made by the Government regarding enforcement of the labour legislation and reinforcement of the training of labour inspectors with respect to child labour, trafficking of persons, combating AIDS in the world of work, and fundamental standards. The Committee encourages the Government to continue and intensify the training activities for labour inspectors and requests that gender equality be made a specific objective of such training, particularly with regard to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to increase the awareness of employers, workers and their organizations of the principle of equal remuneration for men and women, including the concept of “work of equal value”. The Committee also asks the Government to continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the data regarding pay for men and women, according to categories of workers (labourers, administrative staff, etc.), which were collected by labour inspectors during workplace inspections. However, it would like to draw the Government’s attention to the fact that these statistics reflect a purely formal equality in remuneration and are still too general in nature, since they indicate very wide ranges of pay for the categories of workers concerned and do not enable an evaluation of the application of the principle of equal remuneration for men and women in the enterprises concerned. The Committee asks the Government to supply, as far as possible, any available recent statistics relating to remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

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

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Domestic workers. In its previous comments, the Committee noted that the Ministry for the Status of Women and Women’s Rights (MCFDF) had conducted an examination of the legislation with a view to revising laws which discriminate on the basis of sex and, in particular, provisions of
the Labour Code establishing a special regime for domestic workers (sections 254–265). It also noted that this category of workers is often seriously affected by wage disparities between men and women for work of equal value and by the undervaluation of work performed by women. The Committee notes with interest the adoption in May 2009 of the Domestic Work Act, which amends section 257 of the Labour Code relating to the rights of male and female domestic workers and thereby brings this category of workers within the scope of section 317 of the Labour Code, which establishes the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to supply information on the steps taken to promote, implement and monitor the application of the principle of equal remuneration for male and female domestic workers laid down by the Labour Code, as amended in 2009 by the Domestic Work Act. The Committee also asks the Government to specify the date of entry into force and publication in the Official Journal of this Act.

Article 2. Equal remuneration for work of equal value. Legislation and collective agreements. The Committee notes that section 65(e) of the Labour Code provides that “any collective labour agreement must contain the following requirements: … establishment of the principle of equal remuneration for equal work, and equally applicable to nationals or foreigners, men or women”, whereas section 317 of the same Code explicitly lays down the principle of equal remuneration for men and women for work of equal value. Recalling that the principle of equal remuneration for work of equal value goes beyond the concept of equal remuneration for equal work, the Committee asks the Government to take the necessary steps to align the provisions of section 65(e) of the Labour Code concerning the content of collective agreements to those of section 317 of the Code providing for equal remuneration for men and women for work of equal value, and to supply information on the measures taken in this respect. It also asks the Government to indicate whether the collective agreements in force contain clauses which reflect the principle of equal remuneration for men and women for work of equal value, and to send extracts of collective agreements concerning remuneration for workers.

Articles 2 and 3. Minimum wages and objective job evaluation. In reply to the Committee’s previous comments underlining the importance of carrying out objective job evaluation in order to identify work of equal value and thereby apply the principle of equal remuneration for men and women as set out in the Convention, the Government indicates that it intends to make the Higher Wage Council operational, as mandated pursuant to the Labour Code (section 297). The Committee notes that this tripartite council will have the task of revising and determining minimum wages taking into account macroeconomic indices. Recalling that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration prescribed by the Convention, the Committee would like to draw the Government’s attention to the need to ensure that the job evaluation method used to fix or revise minimum wages is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, the Committee recalls that it is important to ensure that certain skills considered to be “female”, such as manual dexterity and those required in caring professions, are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to supply information on the setting up of the Higher Wage Council and on its activities relating to the fixing or revision of minimum wages, stating the method used by the Council.

Application of the law. Labour inspection. The Committee notes the Government’s statement to the effect that, in order to promote equal remuneration and apply it in practice, in accordance with the Convention and section 317 of the Labour Code, it is about to prepare, with technical assistance from the ILO in the context of the “Better Work” project, a labour inspection guide which will take account of all the ratified Conventions. It also notes the information supplied by the Government on the inspections undertaken and the workers covered. The Committee welcomes the efforts made by the Government regarding enforcement of the labour legislation and reinforcement of the training of labour inspectors with respect to child labour, trafficking of persons, combating AIDS in the world of work, and fundamental standards. The Committee encourages the Government to continue and intensify the training activities for labour inspectors and requests that gender equality be made a specific objective of such training, particularly with regard to pay, in order to increase inspectors’ ability not only to identify pay discrimination but also to increase the awareness of employers, workers and their organizations of the principle of equal remuneration for men and women, including the concept of “work of equal value”. The Committee also asks the Government to continue to supply information on the advisory and supervisory activities carried out by the labour inspectorate with a view to eliminating any form of pay discrimination.

Statistics. The Committee notes the data regarding pay for men and women, according to categories of workers (labourers, administrative staff, etc.), which were collected by labour inspectors during workplace inspections. However, it would like to draw the Government’s attention to the fact that these statistics reflect a purely formal equality in remuneration and are still too general in nature, since they indicate very wide ranges of pay for the categories of workers concerned and do not enable an evaluation of the application of the principle of equal remuneration for men and women in the enterprises concerned. The Committee asks the Government to supply, as far as possible, any available recent statistics relating to remuneration for men and women in the private sector, by sector of activity, to enable it to evaluate the application of the Convention in practice.

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

1. Equal remuneration for work of equal value. The Committee notes that section 317 of the Labour Code of 1961, revised in 1984, lays down the principle set forth in the Convention by providing that, for work of equal value, women shall receive a salary equal to that paid to male workers. The Committee also notes that the Ministry for the Status of Women and Women’s Rights has begun a review of the legislation in force, with a view to carrying out a revision of laws which discriminate on the basis of gender. The Committee notes, in particular, that this review of legislation also concerns the Labour Code provisions governing domestic workers. The Committee notes that this group of workers is often seriously affected by wage disparities between men and women for work of equal value and by the segregation of women in undervalued jobs. The Committee encourages the Government to continue its review of the legislation in force so as to identify and eliminate discriminatory provisions, and asks the Government to provide information on the steps taken in practice to promote and apply equal remuneration for domestic workers. The Committee also asks the Government to provide information on the application in practice of section 317 of the Labour Code.

2. Objective job evaluation. The Committee notes the Government’s indication that men and women receive the same salary for equal work. The Committee reminds the Government that although equal remuneration for equal work is a considerable step forward in the application of the Convention, the concept of equal remuneration for work of equal value goes beyond a comparison of remuneration between identical or similar jobs and extends to jobs of a different nature but which are nevertheless of equal value. This concept allows for the remedying of cases of discrimination which arise when women are more heavily concentrated in certain jobs and in certain sectors of activity where salaries are low in relation to the value of the work performed. The Committee recalls that an objective job evaluation allows posts in which men are predominant to be compared with those in which women are predominant in order to identify the jobs of equal value for which it would be appropriate to implement equal remuneration for men and women. The Committee previously noted that an objective appraisal of jobs for the purpose of fixing wages was to be carried out by the National Tripartite Committee. The Committee asks the Government to keep it informed of any progress made or measures envisaged with regard to carrying out objective job evaluation.

3. Application of legislation. The Committee notes the Government’s indication that the investigations carried out by the General Inspection Service of the Labour Directorate did not reveal any violation relating to the existence of a wage gap between men and women. The Committee asks the Government to provide further information on the inspections carried out in the workplace, in particular on the number of inspections and the sectors concerned. The Committee asks the Government to send information on any preventive or promotional measures taken by the labour inspectorate to strengthen the application of the Convention in the workplace, including on the training and awareness-raising programmes which enable inspectors to improve how they identify and deal with violations of the principle of equal remuneration. The Committee also asks the Government to provide information on the measures taken or envisaged to promote the principle set forth in the Convention, in collaboration with workers’ and employers’ organizations and through awareness-raising and training activities. The Committee asks the Government to send information on any decisions pronounced by the competent administrative or judicial authorities in pursuance of section 317 of the Labour Code.

4. Part V of the report form. Statistics. The Committee notes that the Haitian Institute for Statistics and Data Processing carries out regular investigations to monitor wage rates. The Committee asks the Government to provide, in so far as is possible, statistics disaggregated by sex and sector of activity.

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

The Committee notes the Government’s report in which it states its willingness to undertake every effort to promote the application of the principle of equality and treatment and its determination to take the necessary measures to allow men and women workers to benefit from the protection provided by the Convention. The Government further indicates that it will communicate in its next report more detailed and complete information on the manner in which the Convention is applied. The Committee takes due note of the difficulties the country may at present be confronted with in implementing the provisions of the Convention and hopes that the Government will soon be in a position to provide the following information:

(1)   any activities carried out or envisaged by the National Tripartite Committee and the Ministry of Women’s Affairs to promote equal remuneration for men and women for work of equal value;

(2)   the manner in which vocational training establishments, the projects to develop occupational skills and the projects for youth advancement, especially young women, take into account the advancement of women and the promotion of equality between men and women with a view to eliminating existing wage inequalities between men and women;

(3)   any efforts made or envisaged, including national, sectoral or enterprise-level studies or surveys, to collect and analyse statistical data, disaggregated by sex, on the earnings levels of men and women and their respective levels of participation in the labour market, if possible, by branch of economic activity or occupation, on which to base an assessment of the application of the Convention; and

(4)   any other information that would enable the Committee to make an evaluation of the progress made or the specific difficulties encountered in the application of the Convention.

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

1. The Committee notes with regret that the Government’s report has not been received. It recalls the communications from the International Confederation of Free Trade Unions (ICFTU) dated 24 May 2002, and the Coordination Syndicale Haitienne (CSH) dated 26 August 2002.

2. Articles 1 and 2 of the Convention. Equal remuneration for work of equal value. The Committee notes the statement by CSH that men and women performing the same jobs received the same remuneration. In this regard the Committee wishes to emphasize that the application of the principle of equal remuneration for men and women workers for work of equal value is not limited to comparing remuneration of men and women performing the same jobs. In accordance with the equal remuneration principle of the Convention it is also necessary to compare jobs performed by men and women which are different, but nevertheless of the same value. The Committee asks the Government to provide information on any measures taken or envisaged to promote the Convention’s principle, in cooperation with workers’ and employers’ organizations, through awareness raising and training activities.

3. Promotional measures. Noting that according to the ICFTU there are limited employment opportunities for both urban and rural women, the Committee reiterates its previous request to the Government to provide information on measures taken or envisaged by the Ministry of Social Affairs and Labour to promote equal levels of men’s and women’s remuneration through vocational training and occupational skills development. Please indicate how the advancement of women in employment and the promotion of equality between men and women are taken into account in these measures.

4. Article 3. Objective job appraisal. The Committee had previously noted that the National Tripartite Committee, which is responsible, inter alia, for carrying out an objective job appraisal for the purpose of fixing wages in agreement with the competent service of the Ministry of Social Affairs and Labour, does not seem to have carried out such an appraisal to date. The Committee therefore asks the Government to provide information on any measures taken to promote the development and use of methods for the objective evaluation of jobs on the basis of the work performed, including any activities carried out by the National Tripartite Committee in this regard.

5. Part V of the report form. Statistical information. The Committee reiterates its previous request to the Government to provide statistical information with its report, disaggregated by sex, on the earning levels of men and women, and on their respective rates of participation in the labour market and at different levels of remuneration.

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

The Committee notes with regret 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 from the Government’s report that the National Tripartite Committee, which is responsible, inter alia, for carrying out an objective job appraisal for the purpose of fixing wages in agreement with the competent service of the Ministry of Social Affairs, does not seem to have carried out such an appraisal to date. The Government referred to this body for the first time in its 1988 report on the application of the Convention, and the present report refers to this committee’s activities only for 1995. The Committee asks the Government to state whether the committee’s more recent work has included a job appraisal or other measures to promote equal remuneration for men and women.

2. The Committee notes from the Government’s report that the Ministry of Social Affairs and Labour is conducting a project to support vocational training establishments in order to improve the standard of vocational training they provide. It also notes the project to develop occupational skills in urban and rural areas, which aims to provide young people with technical support and materials so that they can enhance their productivity. It asks the Government to state how the advancement of women in employment and the promotion of equality between men and women is taken into account in these projects. The Committee also notes the Government’s statement that the Ministry of Social Affairs and Labour is firmly committed to carrying out a series of interesting projects for the advancement of young people, especially young women, and asks it to provide further information in this respect.

3. The Committee notes that the statistics published by the Ministry for the Status of Women show a considerably higher illiteracy rate among women. The Committee takes this opportunity to draw the Government’s attention to its general observation of 1998 on the application of the Convention, in which it requested fuller information, particularly statistical information, on the earnings levels of men and women, their respective rates of participation in the labour market and at different levels of remuneration, if possible by branch of economic activity, occupation or occupational group or level of education/qualification, seniority or any relevant statistics on which to base an assessment of the application of the Convention and the areas to be targeted in order to reduce the remuneration gap. It would be grateful if the Government would supply copies of the statistics published by the Ministry for the Status of Women.

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

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

The Committee takes note of the comments of the International Confederation of Free Trade Unions (ICFTU), dated 24 May 2002, and of the Coordination Syndicale Haïtienne (CSH), dated 26 August 2002, with regard to certain points on the application of the Convention. Both comments have been forwarded to the Government and the Committee will address them, together with any comments the Government may wish to make thereon, at its next session.

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

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

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

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 from the Government’s report that the National Tripartite Committee, which is responsible, inter alia, for carrying out an objective job appraisal for the purpose of fixing wages in agreement with the competent service of the Ministry of Social Affairs, does not seem to have carried out such an appraisal to date. The Government referred to this body for the first time in its 1988 report on the application of the Convention, and the present report refers to this committee’s activities only for 1995. The Committee asks the Government to state whether the committee’s more recent work has included a job appraisal or other measures to promote equal remuneration for men and women.

2. The Committee notes from the Government’s report that the Ministry of Social Affairs and Labour is conducting a project to support vocational training establishments in order to improve the standard of vocational training they provide. It also notes the project to develop occupational skills in urban and rural areas, which aims to provide young people with technical support and materials so that they can enhance their productivity. It asks the Government to state how the advancement of women in employment and the promotion of equality between men and women is taken into account in these projects. The Committee also notes the Government’s statement that the Ministry of Social Affairs and Labour is firmly committed to carrying out a series of interesting projects for the advancement of young people, especially young women, and asks it to provide further information in this respect.

3. The Committee notes that the statistics published by the Ministry for the Status of Women show a considerably higher illiteracy rate among women. The Committee takes this opportunity to draw the Government’s attention to its general observation of 1998 on the application of the Convention, in which it requested fuller information, particularly statistical information, on the earnings levels of men and women, their respective rates of participation in the labour market and at different levels of remuneration, if possible by branch of economic activity, occupation or occupational group or level of education/qualification, seniority or any relevant statistics on which to base an assessment of the application of the Convention and the areas to be targeted in order to reduce the remuneration gap. It would be grateful if the Government would supply copies of the statistics published by the Ministry for the Status of Women.

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

The Committee takes note of the comments of the International Confederation of Free Trade Unions (ICFTU), dated 24 May 2002, and of the Coordination Syndicale Haïtienne (CSH), dated 26 August 2002, with regard to certain points on the application of the Convention. Both comments have been forwarded to the Government and the Committee will address them, together with any comments the Government may wish to make thereon, at its next session.

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

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

The Committee takes note of the Government’s report.

1.  The Committee notes from the Government’s report that the National Tripartite Committee, which is responsible, inter alia, for carrying out an objective job appraisal for the purpose of fixing wages in agreement with the competent service of the Ministry of Social Affairs, does not seem to have carried out such an appraisal to date. The Government referred to this body for the first time in its 1988 report on the application of the Convention, and the present report refers to this committee’s activities only for 1995. The Committee asks the Government to state whether the committee’s more recent work has included a job appraisal or other measures to promote equal remuneration for men and women.

2.  The Committee notes from the Government’s report that the Ministry of Social Affairs and Labour is conducting a project to support vocational training establishments in order to improve the standard of vocational training they provide. It also notes the project to develop occupational skills in urban and rural areas, which aims to provide young people with technical support and materials so that they can enhance their productivity. It asks the Government to state how the advancement of women in employment and the promotion of equality between men and women is taken into account in these projects. The Committee also notes the Government’s statement that the Ministry of Social Affairs and Labour is firmly committed to carrying out a series of interesting projects for the advancement of young people, especially young women, and asks it to provide further information in this respect.

3.  The Committee notes that the statistics published by the Ministry for the Status of Women show a considerably higher illiteracy rate among women. The Committee takes this opportunity to draw the Government’s attention to its general observation of 1998 on the application of the Convention, in which it requested fuller information, particularly statistical information, on the earnings levels of men and women, their respective rates of participation in the labour market and at different levels of remuneration, if possible by branch of economic activity, occupation or occupational group or level of education/qualification, seniority or any relevant statistics on which to base an assessment of the application of the Convention and the areas to be targeted in order to reduce the remuneration gap. It would be grateful if the Government would supply copies of the statistics published by the Ministry for the Status of Women.

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

The Committee notes the Government's report. It also notes the Government's statement that it intends to comply with its obligations under article 22 of the ILO Constitution and its explanations as to why certain information has not been transmitted. The Committee understands that the Government does not have available all the necessary information for a detailed assessment of the application of the Convention in practice, in view of the situation in the country. Nevertheless, it observes that the information that it has been requesting from the Government for several years consists of information which is relatively simple to compile and should not, in its opinion, give rise to additional financial cost. This information consists, for example, of keeping the Committee informed as to the work of a commission, of the procedures applied by the Directorate of Labour on a specific point relating to the Convention and transmitting copies of collective agreements. The Committee is therefore bound to note that the Government's report does not deal with any of these points and that it is confined to providing general information, most of which has already been transmitted. The Committee is therefore bound to repeat its previous request, which read as follows:

1. The Committee once again requests the Government to supply in its next report detailed information on the work of the National Tripartite Committee, which has the task of undertaking an objective appraisal of jobs with a view to fixing wages, and on the methods used for the appraisal in order to ensure in practice the application of the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the ILO is ready to consider any requests for technical assistance in this field which the Government may consider it necessary to seek.

2. The Committee requests the Government to indicate the manner in which the principle of equal remuneration is applied in the case of wages higher than the minimum legal or agreed rate and to supply copies of some of the collective agreements applicable in sectors of activity in which a large number of women are employed.

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:

1. The Committee notes that the Government's two brief reports for the period ending 30 June 1996 are limited to information of a general nature or information already communicated to the Committee. As it did in its two previous direct requests, the Committee therefore asks the Government once again to supply in its next report detailed information on the work of the National Tripartite Committee which has the task of undertaking an objective appraisal of jobs with a view to fixing wages and on the methods used for the appraisal in order to ensure in practice the application of the principle of equal remuneration for men and women for work of equal value in accordance with Article 1(a) of the Convention. To this end, the Government might usefully refer to paragraphs 138-150 of the Committee's General Survey of 1986 on equal remuneration in which it deals with the objective evaluation of jobs and its use for applying the principle of the Convention. The ILO is ready to consider any request for technical assistance in this field which the Government may wish to request.

2. Noting that the Government has given instructions to the labour directorate with a view to indicating how the principle of equal remuneration, within the meaning of the Convention, is applied in the case of wages higher than the minimum legal or agreed rate and to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed, the Committee hopes that this information as well as the collective agreements (mentioned as being attached to the report but not received) will be sent with the next report.

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

1. The Committee notes that the Government's two brief reports for the period ending 30 June 1996 are limited to information of a general nature or information already communicated to the Committee. As it did in its two previous direct requests, the Committee therefore asks the Government once again to supply in its next report detailed information on the work of the National Tripartite Committee which has the task of undertaking an objective appraisal of jobs with a view to fixing wages and on the methods used for the appraisal in order to ensure in practice the application of the principle of equal remuneration for men and women for work of equal value in accordance with Article 1(a) of the Convention. To this end, the Government might usefully refer to paragraphs 138-150 of the Committee's General Survey of 1986 on equal remuneration in which it deals with the objective evaluation of jobs and its use for applying the principle of the Convention. The ILO is ready to consider any request for technical assistance in this field which the Government may wish to request.

2. Noting that the Government has given instructions to the labour directorate with a view to indicating how the principle of equal remuneration, within the meaning of the Convention, is applied in the case of wages higher than the minimum legal or agreed rate and to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed, the Committee hopes that this information as well as the collective agreements (mentioned as being attached to the report but not received) will be sent with the next report.

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

The Committee notes with regret 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 that the national tripartite committee which has the task, inter alia, of undertaking an objective appraisal of jobs with a view to fixing wages, has commenced its work but has not yet turned to the problem of wages. The Committee hopes that the Government will soon be in a position to supply detailed information on this subject and in particular on the methods used for the appraisal of jobs on the basis of the work to be performed. The Committee recalls that it examined the objective appraisal of jobs in paragraphs 138 to 150 of its 1986 General Survey on equal remuneration and requests the Government to refer to the above Survey when dealing with the question of the methods of job appraisal.

2. The Committee requests the Government to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed and to indicate the manner in which the principle of equal remuneration is applied in the case of wages that are above the legal minimum.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret 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 that the national tripartite committee which has the task, inter alia, of undertaking an objective appraisal of jobs with a view to fixing wages, has commenced its work but has not yet turned to the problem of wages. The Committee hopes that the Government will soon be in a position to supply detailed information on this subject and in particular on the methods used for the appraisal of jobs on the basis of the work to be performed. The Committee recalls that it examined the objective appraisal of jobs in paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration and requests the Government to refer to the above Survey when dealing with the question of the methods of job appraisal.

2. The Committee requests the Government to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed and to indicate the manner in which the principle of equal remuneration is applied in the case of wages that are above the legal minimum.

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 Government's report, according to which the Government is not at present in a position to supply the information previously requested, although the Government adds that it undertakes to carry out an exhaustive inquiry into conditions of work, taking into account the provisions of Convention No. 100. The Committee requests the Government to provide information in its next report on the outcome of this inquiry and the progress achieved in this respect.

The Committee hopes that in its next report the Government will provide the specific information requested in its previous request, which read as follows:

1. The Committee notes that the national tripartite committee which has the task, inter alia, of undertaking an objective appraisal of jobs with a view to fixing wages, has commenced its work but has not yet turned to the problem of wages. The Committee hopes that the Government will soon be in a position to supply detailed information on this subject and in particular on the methods used for the appraisal of jobs on the basis of the work to be performed. The Committee recalls that it examined the objective appraisal of jobs in paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration and requests the Government to refer to the above Survey when dealing with the question of the methods of job appraisal.

2. The Committee requests the Government to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed and to indicate the manner in which the principle of equal remuneration is applied in the case of wages that are above the legal minimum.

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

With reference to its previous direct requests, the Committee notes the Government's report, according to which the Government is not at present in a position to supply the information previously requested, although the Government adds that it undertakes to carry out an exhaustive inquiry into conditions of work, taking into account the provisions of Convention No. 100. The Committee requests the Government to provide information in its next report on the outcome of this inquiry and the progress achieved in this respect.

The Committee hopes that in its next report the Government will provide the specific information requested in its previous request, which read as follows:

1. The Committee notes that the national tripartite committee which has the task, inter alia, of undertaking an objective appraisal of jobs with a view to fixing wages, has commenced its work but has not yet turned to the problem of wages. The Committee hopes that the Government will soon be in a position to supply detailed information on this subject and in particular on the methods used for the appraisal of jobs on the basis of the work to be performed. The Committee recalls that it examined the objective appraisal of jobs in paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration and requests the Government to refer to the above Survey when dealing with the question of the methods of job appraisal.

2. The Committee requests the Government to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed and to indicate the manner in which the principle of equal remuneration is applied in the case of wages that are above the legal minimum.

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

The Committee notes the Government's report for the period ending 30 November 1990 and the information that it contains in reply to the second point of its previous direct request.

1. The Committee notes that the national tripartite committee which has the task, inter alia, of undertaking an objective appraisal of jobs with a view to fixing wages, has commenced its work but has not yet turned to the problem of wages. The Committee hopes that the Government will soon be in a position to supply detailed information on this subject and in particular on the methods used for the appraisal of jobs on the basis of the work to be performed. The Committee recalls that it examined the objective appraisal of jobs in paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration and requests the Government to refer to the above Survey when dealing with the question of the methods of job appraisal.

2. The Committee requests the Government to supply copies of some of the collective agreements applicable to sectors of activity in which a large number of women are employed and to indicate the manner in which the principle of equal remuneration is applied in the case of wages that are above the legal minimum.

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

1. The Committee notes the Government's reply to its previous comments. It notes with interest that a national tripartite committee composed of representatives of employers, workers and the State will be given the task of undertaking an objective appraisal of jobs with a view to fixing wages and that, for this purpose, the Ministry of Social Affairs maintains regular contacts with employers' and workers' organisations.

The Committee requests the Government to communicate in its next report detailed information on the work of this committee and on the methods used for the appraisal of jobs on the basis of the work to be performed, so as to ensure that effect is given in practice to the principle of equal remuneration for men and women workers for work of equal value, in accordance with the Convention and with section 317 of the Labour Code of 1984. The Committee requests the Government to refer, in relation to methods of job evaluation, to paragraphs 138 to 150 of its 1986 General Survey on Equal Remuneration. The Committee also requests the Government to indicate how the principle of equal remuneration, as set forth in the Convention, is applied in the cases of wages that are higher than the legal minimum rate, and to supply copies of some of the collective agreements applicable to sectors which employ large numbers of women.

2. The Committee also requests the Government to communicate information on the methods and criteria used for the classification of public employees into the various categories set out in sections 24 to 29 of the Act of 19 September 1982, and on how the principle of equal remuneration for men and women workers for work of equal value is applied to these categories.