All Comments

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 2024, 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 that, since the receipt of the Government’s report in 2019, the country has witnessed political turmoil leading to intercommunal violence. It also notes the establishment on 22 February 2020 of the Revitalized Transitional Government of National Unity. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to step up its efforts to ensure the effective application of the Convention, and requests the Government to provide information on the following:
Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee takes notes of the adoption of the Labour Act No.64 on 24 October 2017. It notes that under Chapter I, wages/salaries are defined as: “remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an order or a written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contribution made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowances”. The Committee notes that the above definition only covers the ordinary, basic or minimum wage or salary, and does not include any “additional emoluments payable directly or indirectly, whether in cash or kind, by the employer”, in accordance with Article 1(a)of the Convention. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in order to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. Thus, remuneration under the Convention includes inter alia, wage differentials or increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances and family allowances paid by the employer, and benefits in kind such as the allotment and laundering of working clothes. Further, the Committee wishes to point out that the addition of the words “directly or indirectly” in the definition of remuneration in the Convention was designed to include certain emoluments which are not payable directly by the employer to the worker concerned. Thus the Convention covers all components of remuneration – direct and indirect – which arise out of the employment relationship. Stressing the importance to be attached to the phrase “arising out of the worker’s employment”; in delimiting the scope of the Convention, the Committee asks the Government to take the necessary steps to ensure that the definition of remuneration in section 8 of the 2017 Labour Act covers all elements of remuneration, that is including any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.
Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes with interest that section 8 of the Labour Act of 2017 provides for the principle of equal remuneration for work of equal value and defines it as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort (section 8(3)). It recalls that article 16(2) of the Transitional Constitution of South Sudan of 2011 (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. In the absence of any information on this point, the Committee once again asks the Government to provide information on any progress achieved to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention.
Public service. In its previous comments, the Committee asked the Government: (1) to seize the opportunity of any legislative review to amend section 19(b) of the Civil Service Act, which provides in general terms for equal rights for women and men in remuneration, without specifically referring to the principle of equal pay between men and women for work of equal value; and (2) to indicate the status of the Policy Framework for the Public Service of South Sudan 2007 (pre-dating the independence of South Sudan) which provision 4.2(1) refers to the principle of “equal pay for equal work”, narrower than the principle of the Convention. In its report, the Government indicates that the Civil Service Act has not yet been revised. Moreover, the draft Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act are still under review by the Ministry of Justice. It notes an absence of information regarding the Policy Framework for the Public Service of South Sudan 2007.The Committee asks the Government to provide information on any developments regarding the revision of the Civil Service Act, in particular as regard section 19(b), and the adoption of the draft Regulations. In the absence of information regarding the status of the 2007 Policy Framework for the Public Service of South Sudan, the Committee reiterates its request to the Government to indicate whether this text is still in force.
Article 2(2). Rates of remuneration. Private sector. In its previous comments, the Committee asked the Government to provide information on the activities of the Labour Advisory Council (LAC) in charge of fixing, reviewing and adjusting periodically minimum wages, particularly with regard to the application of the principle of the Convention. The Committee notes that, pursuant to section 21(4) of the Labour Act, the LAC shall “advise the Office of the Labour Commissioner on periodically fixing, reviewing and adjusting minimum wages in accordance with section 50”. It also notes that pursuant to section 50(3) “Notwithstanding the principle of equal pay for work of equal value, the Council may recommend to the competent authority fixing different minimum wages/salaries for different occupations or for special categories of employees”. The Committee also notes the Government’s indication that all the bodies stipulated in the Labour Act, including the LAC, are yet to be established. Once established, these bodies will be guided by Regulations to ensure that there is no discrimination in setting wages. The Committee further notes that it is expected that the ILO will provide technical assistance to the Government for the period 2020–21 through the funding of a RBSA (Regular Budget Supplementary Account (RBSA) proposal that intends to develop gender-responsive labour regulations through a new established Labor Advisory Council designed to improve industrial harmony and strengthen the protection of workers’ rights. The development of gender-responsive rules and regulation governing the functioning of the LAC is among the expected outputs. The Committee wishes to reiterate that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention, as women predominate in low-wage employment. The Committee asks the Government to provide information on the progress made in setting up the Labour Advisory Council and on the implementation of the RBSA project. In the meantime, it requests the Government to indicate how it is ensured that the principle of equal remuneration between men and women for work of equal value is taken on board when setting different minimum wages for different occupations and for special categories of workers, particularly in sectors where women predominate.
Public sector. The Committee recalls that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. In its previous comments, the Committee asked the Government to provide information: (1) on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service; (2) the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex ; and (3) on the distribution of men and women in each of the grades and salary scales in the civil service. The Government indicates that there is no discrimination based on sex in practice since the civil service salary structure is designed according to the grades, and the incumbent whether male or female receives the salary of a designated grade and position. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, and so on).The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests the Government: (i) to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men; (ii) to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps; and (iii) to provide information on any measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.
Article 3. Objective job evaluation. Public sector. In its last comments, the Committee noted that: (1) under section 25(2)(a) read with section 31(1)(c) of the Civil Service Act 2011, the selection criteria in the job description relate to factors, such as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”; (2) the Government indicated that section 59 of the Civil Service Act refers to the “merit principle” for the purpose of “progression of civil servants, officials and employees within their grade or from one level to another”; and concluded (3) there may be potential for some confusion to exist between performance appraisal (which aims at evaluating the performance of an individual worker in carrying out his or her job) and objective job evaluation (which is to measure the relative value of jobs with varying content on the basis of the work to be performed). In this regard, the Committee wishes to stress that objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey on fundamental conventions, 2012, paragraph 697). Noting the absence of information on this point, the Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the job’s content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value; and (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.
Private sector. The Committee recalls that section 8(3) of the Labour Act 2017 defines work of equal value as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort. It wishes to highlight that, consequently, the concept of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe any specific method for such an examination, Article 3presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see General Survey, 2012, paragraph 695). Noting once again the absence of information on this point, the Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.
Article 4. Cooperation with employers’ and workers’ organizations. Recalling that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Committee asks the Government to provide information on any awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations to promote the principle of the Convention. Further, considering that one of the most effective and practical methods of ensuring that the objectives of the Convention are achieved is the elimination of discrimination, in particular wage discrimination, in collective agreements, please provide samples of such agreements.
Statistics. The Committee notes that in response to its request for statistical data on the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex, the Government indicates that the Ministry will need technical support to set up a compiled statistical system in order to enable constructive comparisons of the earing of men and women. The Committee encourages the Government to avail itself of the technical assistance of the Office to be in a position to submit statistical information on salary levels and occupations, disaggregated by sex, in the public and the private sectors and to keep it informed of any development in this regard.
Application in practice. The Committee asks the Government: (i) to provide updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention; and (ii) to supply copies of any relevant studies or surveys that have been undertaken to assess the application of the principle of equal remuneration for men and women for work of equal value, including any obstacles encountered.

The Committee notes with concern 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.

Repetition
The Committee notes that, since the receipt of the Government’s report in 2019, the country has witnessed political turmoil leading to intercommunal violence. It also notes the establishment on 22 February 2020 of the Revitalized Transitional Government of National Unity. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to step up its efforts to ensure the effective application of the Convention, and requests the Government to provide information on the following:
Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee takes notes of the adoption of the Labour Act No.64 on 24 October 2017. It notes that under Chapter I, wages/salaries are defined as: “remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an order or a written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contribution made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowances”. The Committee notes that the above definition only covers the ordinary, basic or minimum wage or salary, and does not include any “additional emoluments payable directly or indirectly, whether in cash or kind, by the employer”, in accordance with Article 1(a)of the Convention. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in order to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. Thus, remuneration under the Convention includes inter alia, wage differentials or increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances and family allowances paid by the employer, and benefits in kind such as the allotment and laundering of working clothes. Further, the Committee wishes to point out that the addition of the words “directly or indirectly” in the definition of remuneration in the Convention was designed to include certain emoluments which are not payable directly by the employer to the worker concerned. Thus the Convention covers all components of remuneration - direct and indirect -which arise out of the employment relationship.Stressing the importance to be attached to the phrase & “arising out of the worker’s employment”; in delimiting the scope of the Convention, the Committee asks the Government to take the necessary steps to ensure that the definition of remuneration in section 8 of the 2017 Labour Act covers all elements of remuneration, that is including any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.
Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes with interest that section 8 of the Labour Act of 2017 provides for the principle of equal remuneration for work of equal value and defines it as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort (section 8(3)). It recalls that article 16(2) of the Transitional Constitution of South Sudan of 2011 (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention.In the absence of any information on this point, the Committee once again asks the Government to provide information on any progress achieved to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention.
Public service. In its previous comments, the Committee asked the Government: (1) to seize the opportunity of any legislative review to amend section 19(b) of the Civil Service Act, which provides in general terms for equal rights for women and men in remuneration, without specifically referring to the principle of equal pay between men and women for work of equal value; and (2) to indicate the status of the Policy Framework for the Public Service of South Sudan 2007 (pre-dating the independence of South Sudan) which provision 4.2 (1) refers to the principle of “equal pay for equal work”, narrower than the principle of the Convention. In its report, the Government indicates that the Civil Service Act has not yet been revised. Moreover, the draft Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act are still under review by the Ministry of Justice. It notes an absence of information regarding the Policy Framework for the Public Service of South Sudan 2007.The Committee asks the Government to provide information on any developments regarding the revision of the Civil Service Act, in particular as regard section 19 (b), and the adoption of the draft Regulations. In the absence of information regarding the status of the 2007 Policy Framework for the Public Service of South Sudan, the Committee reiterates its request to the Government to indicate whether this text is still in force.
Article 2(2). Rates of remuneration. Private sector. In its previous comments, the Committee asked the Government to provide information on the activities of the Labour Advisory Council (LAC) in charge of fixing, reviewing and adjusting periodically minimum wages, particularly with regard to the application of the principle of the Convention. The Committee notes that, pursuant to section 21(4) of the Labour Act, the LAC shall “advise the Office of the Labour Commissioner on periodically fixing, reviewing and adjusting minimum wages in accordance with section 50”. It also notes that pursuant to section 50(3) “Notwithstanding the principle of equal pay for work of equal value, the Council may recommend to the competent authority fixing different minimum wages/salaries for different occupations or for special categories of employees”. The Committee also notes the Government’s indication that all the bodies stipulated in the Labour Act, including the LAC, are yet to be established. Once established, these bodies will be guided by Regulations to ensure that there is no discrimination in setting wages. The Committee further notes that it is expected that the ILO will provide technical assistance to the Government for the period 2020-2021 through the funding of a RBSA (Regular Budget Supplementary Account (RBSA) proposal that intends to develop gender-responsive labour regulations through a new established Labor Advisory Council designed to improve industrial harmony and strengthen the protection of workers’ rights. The development of gender-responsive rules and regulation governing the functioning of the LAC is among the expected outputs. The Committee wishes to reiterate that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention, as women predominate in low-wage employment.The Committee asks the Government to provide information on the progress made in setting up the Labour Advisory Council and on the implementation of the RBSA project. In the meantime, it requests the Government to indicate how it is ensured that the principle of equal remuneration between men and women for work of equal value is taken on board when setting different minimum wages for different occupations and for special categories of workers, particularly in sectors where women predominate.
Public sector. The Committee recalls that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. In its previous comments, the Committee asked the Government to provide information: (1) on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service; (2) the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex ; and (3) on the distribution of men and women in each of the grades and salary scales in the civil service. The Government indicates that there is no discrimination based on sex in practice since the civil service salary structure is designed according to the grades, and the incumbent whether male or female receives the salary of a designated grade and position. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.).The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions.Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests the Government: (i) to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men; (ii) to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps; and (iii) to provide information on any measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.
Article 3. Objective job evaluation. Public sector. In its last comments, the Committee noted that: (1) under section 25(2)(a) read with section 31(1)(c) of the Civil Service Act 2011, the selection criteria in the job description relate to factors, such as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”; (2) the Government indicated that section 59 of the Civil Service Act refers to the “merit principle” for the purpose of “progression of civil servants, officials and employees within their grade or from one level to another”; and concluded (3) there may be potential for some confusion to exist between performance appraisal (which aims at evaluating the performance of an individual worker in carrying out his or her job) and objective job evaluation (which is to measure the relative value of jobs with varying content on the basis of the work to be performed). In this regard, the Committee wishes to stress that objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey on fundamental conventions, 2012, paragraph 697).Noting the absence of information on this point, the Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the job’s content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value; and (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.
Private sector. The Committee recalls that section 8(3) of the Labour Act 2017 defines work of equal value as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort. It wishes to highlight that, consequently, the concept of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe any specific method for such an examination, Article 3presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see General Survey, 2012, paragraph 695).Noting once again the absence of information on this point, the Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.
Article 4. Cooperation with employers’ and workers’ organizations.Recalling that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Committee asks the Government to provide information on any awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations to promote the principle of the Convention. Further, considering that one of the most effective and practical methods of ensuring that the objectives of the Convention are achieved is the elimination of discrimination, in particular wage discrimination, in collective agreements, please provide samples of such agreements.
Statistics. The Committee notes that in response to its request for statistical data on the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex, the Government indicates that the Ministry will need technical support to set up a compiled statistical system in order to enable constructive comparisons of the earing of men and women.The Committee encourages the Government to avail itself of the technical assistance of the Office to be in a position to submit statistical information on salary levels and occupations, disaggregated by sex, in the public and the private sectors and to keep it informed of any development in this regard.
Application in practice.The Committee asks the Government: (i) to provide updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention; and (ii) to supply copies of any relevant studies or surveys that have been undertaken to assess the application of the principle of equal remuneration for men and women for work of equal value, including any obstacles encountered.

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.

Repetition

The Committee notes that, since the receipt of the Government’s report in 2019, the country has witnessed political turmoil leading to intercommunal violence. It also notes the establishment on 22 February 2020 of the Revitalized Transitional Government of National Unity. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to step up its efforts to ensure the effective application of the Convention, and requests the Government to provide information on the following :

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee takes notes of the adoption of the Labour Act No.64 on 24 October 2017. It notes that under Chapter I, wages/salaries are defined as: “remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an order or a written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contribution made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowances”. The Committee notes that the above definition only covers the ordinary, basic or minimum wage or salary, and does not include any “additional emoluments payable directly or indirectly, whether in cash or kind, by the employer”, in accordance with Article 1(a) of the Convention. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in order to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. Thus, remuneration under the Convention includes inter alia, wage differentials or increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances and family allowances paid by the employer, and benefits in kind such as the allotment and laundering of working clothes. Further, the Committee wishes to point out that the addition of the words "directly or indirectly" in the definition of remuneration in the Convention was designed to include certain emoluments which are not payable directly by the employer to the worker concerned. Thus the Convention covers all components of remuneration - direct and indirect -which arise out of the employment relationship. Stressing the importance to be attached to the phrase "arising out of the worker's employment" in delimiting the scope of the Convention, the Committee asks the Government to take the necessary steps to ensure that the definition of remuneration in section 8 of the 2017 Labour Act covers all elements of remuneration, that is including any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes with interest that section 8 of the Labour Act of 2017 provides for the principle of equal remuneration for work of equal value and defines it as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort (section 8(3)). It recalls that article 16(2) of the Transitional Constitution of South Sudan of 2011 (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. In the absence of any information on this point, the Committee once again asks the Government to provide information on any progress achieved to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention.

Public service. In its previous comments, the Committee asked the Government: (1) to seize the opportunity of any legislative review to amend section 19(b) of the Civil Service Act, which provides in general terms for equal rights for women and men in remuneration, without specifically referring to the principle of equal pay between men and women for work of equal value; and (2) to indicate the status of the Policy Framework for the Public Service of South Sudan 2007 (pre-dating the independence of South Sudan) which provision 4.2 (1) refers to the principle of “equal pay for equal work”, narrower than the principle of the Convention. In its report, the Government indicates that the Civil Service Act has not yet been revised. Moreover, the draft Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act are still under review by the Ministry of Justice. It notes an absence of information regarding the Policy Framework for the Public Service of South Sudan 2007. The Committee asks the Government to provide information on any developments regarding the revision of the Civil Service Act, in particular as regard section 19 (b), and the adoption of the draft Regulations. In the absence of information regarding the status of the 2007 Policy Framework for the Public Service of South Sudan, the Committee reiterates its request to the Government to indicate whether this text is still in force.

Article 2(2). Rates of remuneration. Private sector. In its previous comments, the Committee asked the Government to provide information on the activities of the Labour Advisory Council (LAC) in charge of fixing, reviewing and adjusting periodically minimum wages, particularly with regard to the application of the principle of the Convention. The Committee notes that, pursuant to section 21(4) of the Labour Act, the LAC shall “advise the Office of the Labour Commissioner on periodically fixing, reviewing and adjusting minimum wages in accordance with section 50”. It also notes that pursuant to section 50(3) “Notwithstanding the principle of equal pay for work of equal value, the Council may recommend to the competent authority fixing different minimum wages/salaries for different occupations or for special categories of employees”. The Committee also notes the Government’s indication that all the bodies stipulated in the Labour Act, including the LAC, are yet to be established. Once established, these bodies will be guided by Regulations to ensure that there is no discrimination in setting wages. The Committee further notes that it is expected that the ILO will provide technical assistance to the Government for the period 2020-2021 through the funding of a RBSA (Regular Budget Supplementary Account (RBSA) proposal that intends to develop gender-responsive labour regulations through a new established Labor Advisory Council designed to improve industrial harmony and strengthen the protection of workers’ rights. The development of gender-responsive rules and regulation governing the functioning of the LAC is among the expected outputs. The Committee wishes to reiterate that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention, as women predominate in low-wage employment. The Committee asks the Government to provide information on the progress made in setting up the Labour Advisory Council and on the implementation of the RBSA project. In the meantime, it requests the Government to indicate how it is ensured that the principle of equal remuneration between men and women for work of equal value is taken on board when setting different minimum wages for different occupations and for special categories of workers, particularly in sectors where women predominate.

Public sector. The Committee recalls that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. In its previous comments, the Committee asked the Government to provide information: (1) on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service; (2) the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex ; and (3) on the distribution of men and women in each of the grades and salary scales in the civil service. The Government indicates that there is no discrimination based on sex in practice since the civil service salary structure is designed according to the grades, and the incumbent whether male or female receives the salary of a designated grade and position. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.).The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests the Government: (i) to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men; (ii) to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps; and (iii) to provide information on any measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. Public sector. In its last comments, the Committee noted that: (1) under section 25(2)(a) read with section 31(1)(c) of the Civil Service Act 2011, the selection criteria in the job description relate to factors, such as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”; (2) the Government indicated that section 59 of the Civil Service Act refers to the “merit principle” for the purpose of “progression of civil servants, officials and employees within their grade or from one level to another”; and concluded (3) there may be potential for some confusion to exist between performance appraisal (which aims at evaluating the performance of an individual worker in carrying out his or her job) and objective job evaluation (which is to measure the relative value of jobs with varying content on the basis of the work to be performed). In this regard, the Committee wishes to stress that objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey on fundamental conventions, 2012, paragraph 697). Noting the absence of information on this point, the Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the job’s content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value; and (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.

Private sector. The Committee recalls that section 8(3) of the Labour Act 2017 defines work of equal value as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort. It wishes to highlight that, consequently, the concept of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see General Survey, 2012, paragraph 695). Noting once again the absence of information on this point, the Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. Recalling that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Committee asks the Government to provide information on any awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations to promote the principle of the Convention. Further, considering that one of the most effective and practical methods of ensuring that the objectives of the Convention are achieved is the elimination of discrimination, in particular wage discrimination, in collective agreements, please provide samples of such agreements.

Statistics. The Committee notes that in response to its request for statistical data on the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex, the Government indicates that the Ministry will need technical support to set up a compiled statistical system in order to enable constructive comparisons of the earing of men and women. The Committee encourages the Government to avail itself of the technical assistance of the Office to be in a position to submit statistical information on salary levels and occupations, disaggregated by sex, in the public and the private sectors and to keep it informed of any development in this regard.

Application in practice. The Committee asks the Government: (i) to provide updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention; and (ii) to supply copies of any relevant studies or surveys that have been undertaken to assess the application of the principle of equal remuneration for men and women for work of equal value, including any obstacles encountered.

The Committee notes that, since the receipt of the Government’s report in 2019, the country has witnessed political turmoil leading to intercommunal violence. It also notes the establishment on 22 February 2020 of the Revitalized Transitional Government of National Unity. While acknowledging the difficult situation prevailing in the country, the Committee encourages the Government to continue to step up its efforts to ensure the effective application of the Convention, and requests the Government to provide information on the following :

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee takes notes of the adoption of the Labour Act No.64 on 24 October 2017. It notes that under Chapter I, wages/salaries are defined as: “remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable under an order or a written contract of service for work done or to be done, or for services rendered or to be rendered but excluding any contribution made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowances”. The Committee notes that the above definition only covers the ordinary, basic or minimum wage or salary, and does not include any “additional emoluments payable directly or indirectly, whether in cash or kind, by the employer”, in accordance with Article 1(a) of the Convention. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in order to ensure that equality is not limited to the basic or ordinary wage, nor in any other way restricted according to semantic distinctions. Thus, remuneration under the Convention includes inter alia, wage differentials or increments based on seniority or marital status, cost-of-living allowances, housing or residential allowances and family allowances paid by the employer, and benefits in kind such as the allotment and laundering of working clothes. Further, the Committee wishes to point out that the addition of the words "directly or indirectly" in the definition of remuneration in the Convention was designed to include certain emoluments which are not payable directly by the employer to the worker concerned. Thus the Convention covers all components of remuneration - direct and indirect -which arise out of the employment relationship. Stressing the importance to be attached to the phrase "arising out of the worker's employment" in delimiting the scope of the Convention, the Committee asks the Government to take the necessary steps to ensure that the definition of remuneration in section 8 of the 2017 Labour Act covers all elements of remuneration, that is including any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes with interest that section 8 of the Labour Act of 2017 provides for the principle of equal remuneration for work of equal value and defines it as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort (section 8(3)). It recalls that article 16(2) of the Transitional Constitution of South Sudan of 2011 (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. In the absence of any information on this point, the Committee once again asks the Government to provide information on any progress achieved to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention.

Public service. In its previous comments, the Committee asked the Government: (1) to seize the opportunity of any legislative review to amend section 19(b) of the Civil Service Act, which provides in general terms for equal rights for women and men in remuneration, without specifically referring to the principle of equal pay between men and women for work of equal value; and (2) to indicate the status of the Policy Framework for the Public Service of South Sudan 2007 (pre-dating the independence of South Sudan) which provision 4.2 (1) refers to the principle of “equal pay for equal work”, narrower than the principle of the Convention. In its report, the Government indicates that the Civil Service Act has not yet been revised. Moreover, the draft Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act are still under review by the Ministry of Justice. It notes an absence of information regarding the Policy Framework for the Public Service of South Sudan 2007. The Committee asks the Government to provide information on any developments regarding the revision of the Civil Service Act, in particular as regard section 19 (b), and the adoption of the draft Regulations. In the absence of information regarding the status of the 2007 Policy Framework for the Public Service of South Sudan, the Committee reiterates its request to the Government to indicate whether this text is still in force.

Article 2(2). Rates of remuneration. Private sector. In its previous comments, the Committee asked the Government to provide information on the activities of the Labour Advisory Council (LAC) in charge of fixing, reviewing and adjusting periodically minimum wages, particularly with regard to the application of the principle of the Convention. The Committee notes that, pursuant to section 21(4) of the Labour Act, the LAC shall “advise the Office of the Labour Commissioner on periodically fixing, reviewing and adjusting minimum wages in accordance with section 50”. It also notes that pursuant to section 50(3) “Notwithstanding the principle of equal pay for work of equal value, the Council may recommend to the competent authority fixing different minimum wages/salaries for different occupations or for special categories of employees”. The Committee also notes the Government’s indication that all the bodies stipulated in the Labour Act, including the LAC, are yet to be established. Once established, these bodies will be guided by Regulations to ensure that there is no discrimination in setting wages. The Committee further notes that it is expected that the ILO will provide technical assistance to the Government for the period 2020-2021 through the funding of a RBSA (Regular Budget Supplementary Account (RBSA) proposal that intends to develop gender-responsive labour regulations through a new established Labor Advisory Council designed to improve industrial harmony and strengthen the protection of workers’ rights. The development of gender-responsive rules and regulation governing the functioning of the LAC is among the expected outputs. The Committee wishes to reiterate that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention, as women predominate in low-wage employment. The Committee asks the Government to provide information on the progress made in setting up the Labour Advisory Council and on the implementation of the RBSA project. In the meantime, it requests the Government to indicate how it is ensured that the principle of equal remuneration between men and women for work of equal value is taken on board when setting different minimum wages for different occupations and for special categories of workers, particularly in sectors where women predominate.

Public sector. The Committee recalls that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. In its previous comments, the Committee asked the Government to provide information: (1) on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service; (2) the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex ; and (3) on the distribution of men and women in each of the grades and salary scales in the civil service. The Government indicates that there is no discrimination based on sex in practice since the civil service salary structure is designed according to the grades, and the incumbent whether male or female receives the salary of a designated grade and position. The Committee, however, recalls that the fact that a system of remuneration is based on a classification of jobs that applies to all public sector employees, without distinction on the ground of gender, does not prevent indirect pay discrimination. Discrimination can be due to the manner in which the classification of jobs itself was established, with the tasks performed mainly by women often being undervalued in comparison to the tasks traditionally performed by men, or it can result from inequalities in the payment of certain wage supplements for work of equal value (allowances, benefits, etc.).The Committee notes the absence of information provided by the Government on the distribution of men and women in the different positions of the public sector, and their corresponding remuneration levels. In this regard, it draws the Government’s attention to the importance of conducting an evaluation of the overall gender pay gap in the public sector that may be due to occupational gender segregation of women into lower-paid positions. Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests the Government: (i) to indicate how it is ensured that the criteria used to determine the classification of jobs and remuneration scales in the public sector are free from gender bias and that positions held predominantly by women are not undervalued in comparison with those undertaken by men; (ii) to take the necessary steps to collect and analyse statistical information on the distribution of men and women in the various occupations and positions in the public sector and their corresponding remuneration levels, to determine whether wage gaps exist, and to take the necessary steps to eliminate any wage gaps; and (iii) to provide information on any measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

Article 3. Objective job evaluation. Public sector. In its last comments, the Committee noted that: (1) under section 25(2)(a) read with section 31(1)(c) of the Civil Service Act 2011, the selection criteria in the job description relate to factors, such as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”; (2) the Government indicated that section 59 of the Civil Service Act refers to the “merit principle” for the purpose of “progression of civil servants, officials and employees within their grade or from one level to another”; and concluded (3) there may be potential for some confusion to exist between performance appraisal (which aims at evaluating the performance of an individual worker in carrying out his or her job) and objective job evaluation (which is to measure the relative value of jobs with varying content on the basis of the work to be performed). In this regard, the Committee wishes to stress that objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey on fundamental conventions, 2012, paragraph 697). Noting the absence of information on this point, the Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the job’s content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value; and (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.

Private sector. The Committee recalls that section 8(3) of the Labour Act 2017 defines work of equal value as work requiring of workers a comparable amount of knowledge attested to by a qualification, or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort. It wishes to highlight that, consequently, the concept of equal value requires some method of measuring and comparing the relative value of different jobs. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. (see General Survey, 2012, paragraph 695). Noting once again the absence of information on this point, the Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. Recalling that workers’ and employers’ organizations play an important role with respect to giving effect to the provisions of the Convention, the Committee asks the Government to provide information on any awareness-raising activities carried out to promote the principle of the Convention, and to indicate whether any cooperation or joint activities have been undertaken together with the employers’ and workers’ organizations to promote the principle of the Convention. Further, considering that one of the most effective and practical methods of ensuring that the objectives of the Convention are achieved is the elimination of discrimination, in particular wage discrimination, in collective agreements, please provide samples of such agreements.

Statistics. The Committee notes that in response to its request for statistical data on the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex, the Government indicates that the Ministry will need technical support to set up a compiled statistical system in order to enable constructive comparisons of the earing of men and women. The Committee encourages the Government to avail itself of the technical assistance of the Office to be in a position to submit statistical information on salary levels and occupations, disaggregated by sex, in the public and the private sectors and to keep it informed of any development in this regard.

Application in practice. The Committee asks the Government: (i) to provide updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention; and (ii) to supply copies of any relevant studies or surveys that have been undertaken to assess the application of the principle of equal remuneration for men and women for work of equal value, including any obstacles encountered.

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 initially made in 2016.

Repetition

The Committee notes the Government’s first report including the attached documentation. The Committee notes the developments in the country, including the Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on 17 August 2015, by the parties to the conflict (the “Peace Agreement”), establishing a Transitional Government of National Unity (A/HRC/31/49, 10 March 2016, paragraphs 10 and 59). The Committee notes that pursuant to article 13.1 of the Peace Agreement, a reconstituted National Constitutional Review Committee will draft or revise, as appropriate, other legislation provided in the Peace Agreement, as well as a Constitutional Amendment Bill upon signing the Peace Agreement with the latter’s incorporation into the Transitional Constitution of the Republic of South Sudan of 2011 (TCSS). The Committee further notes the Government’s indication that a draft Labour Bill of 2012, drawn up with the assistance of the Office, was in the third and final reading at the national Legislative Assembly at the time of the submission of the Government’s first report in 2015. While acknowledging the difficult situation prevailing in the country, the Committee hopes that the efforts of the international community will assist South Sudan to attain political stability and establish an environment conducive to ensuring the protection afforded by the Convention, and requests the Government to provide information on the following.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that while the draft Labour Bill guarantees in section 8(1) that women and men shall be entitled to equal remuneration for work of equal value, the term “remuneration” is not defined in the legislation. The Committee further notes that section 44 of the Civil Services Act refers to all “payments and privileges” which include the “basic salary, social benefits, allowances and benefits in kind”. The Committee draws the attention of the Government to the very broad definition of “remuneration” in Article 1(a) of the Convention and the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey on the fundamental Conventions, paragraph 689). The Committee requests the Government to take measures to ensure the inclusion of a definition of remuneration in the draft Labour Bill 2012, in accordance with Article 1(a) of the Convention, covering all elements of remuneration, including not only the basic or minimum wage, but also any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes that article 16(2) of the Transitional Constitution of South Sudan (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. The Committee welcomes the Government’s indication, in its report, that it is considering amending the TCSS to reflect fully the principle of equal remuneration for work of equal value. The Committee further notes that pursuant to section 8(1) of the draft Labour Bill 2012, “women and men shall be entitled to equal remuneration for work of equal value”, and that section 8(2) requires every employer to “take positive steps to guarantee equal remuneration for men and women for work of equal value”. The Committee encourages the Government to take the opportunity of the further amendment of the TCSS, to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention and to provide a copy of the constitution as amended, once adopted.

Public service. The Committee notes that section 19(b) of the Civil Service Act provides in general terms for equal rights for women and men in remuneration without specifically referring to the principle of equal pay for work of equal value. The Committee further notes that provision 4.2(1) of the Policy Framework for the Public Service of South Sudan 2007, which pre-dates the independence of South Sudan, refers to the principle of “equal pay for equal work”, which is narrower than the principle of the Convention. The Committee asks the Government to indicate the current status of the Policy Framework for the Public Service of South Sudan 2007, and to take the necessary steps to take into account, in any future development of a policy framework for the public service, the inclusion of the principle of the Convention, which should cover not only situations in which men and women perform equal pay for “equal” work, but also situations in which men and women do work which is entirely different but which can nevertheless be of equal value. The Committee requests the Government to seize the opportunity of any legislative review under the Peace Agreement to amend section 19(b) of the Civil Service Act, so as to give full legal expression to the principle of equal remuneration for men and women for work of equal value, and to provide a copy of any amendments made in this regard. The Committee also asks for a copy of the Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act.

Article 2(2). Rates of remuneration in the private sector. The Committee notes that section 17(4)(d) of the draft Labour Bill 2012 mandates the Labour Advisory Council (LAC) to “fix, review periodically and adjust minimum wages in accordance with section 52 of the draft Labour Bill”. Pursuant to section 52(3) of the draft Labour Bill of 2012, the Labour Advisory Council may, subject to the principle of equal pay for work of equal value, fix different minimum wages for different occupations or for special categories of employees. The Committee emphasizes that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on how it is being ensured that the LAC, once established and functioning, will take into account the principle of equal remuneration for men and women for work of equal value when setting different minimum wages for different occupations and for special categories of workers. It also requests the Government to indicate whether the interim tripartite cooperative body mentioned in the Government’s report has still a role in setting minimum wages for certain occupations and categories of workers, and if so, how this tripartite body is ensuring that when setting minimum wages, occupations and the work in sectors where women predominate, is not being undervalued as compared to the work undertaken in sectors employing primarily men.

Rates of remuneration in the public service. The Committee notes that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. The Committee requests the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service. Please provide information on the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex. Please provide information on the distribution of men and women in each of the grades and salary scales in the civil service.

Article 3. Objective job evaluation in the public sector. The Committee notes that section 25(1) of the Civil Service Act 2011 gives the Government the responsibility “of preparing and maintaining a job description in relation to each post in the institution’s establishment structure other than skilled and unskilled worker posts” and to review “all job descriptions and selection criteria, at least, every two years” (section 25(5)). The Committee notes that under section 25(2)(a) read with section 31(1)(c), the selection criteria in the job description relate to such factors as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”. The Government also indicates that section 59 of the Civil Service Act refers to the “merit principle” for the purposes of “progression of civil servants, officials and employees within their grade or from one level to another”. The Committee notes that there may be the potential for some confusion to exist between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey, 2012, paragraph 697). The Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the jobs content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of ... duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value and if that is the case, how; (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.

Article 3. Objective job evaluation in the private sector. The Committee notes that section 8(3) of the draft Labour Bill 2012, defines “work of equal value” as “work which requires of workers a comparable amount of vocational knowledge attested to by a qualification, diploma or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort”. The Committee recalls that while the Convention does not prescribe any specific method of the examination of the respective tasks involved with respect to the different jobs, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort responsibilities as well as working conditions (see General Survey, 2012, paragraph 695). The Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the establishment of the tripartite Labour Advisory Council depends on the enactment of the draft Labour Bill 2012, while an interim tripartite cooperation body, a Labour Advisory Committee, is in operation. The Committee requests the Government to provide information on activities carried out by the interim tripartite cooperation body, to give effect to the Convention. Please also provide information on any other measures taken, in cooperation with the workers’ and employers’ organizations, to promote the principle of the Convention, including in collective agreements.

Practical application. Noting the ongoing legislative process in the country, the Committee requests the Government to provide full updated information on each of the provisions of the Convention and on each question set out in the report form. In doing so, the Committee also asks the Government to consider the requests for information in this direct request, in particular, related to any amendments to the draft Labour Bill 2012, before its adoption as well as the Civil Service Act, and other relevant legislation. The Committee also requests updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention. The Committee also requests the Government to provide a general appreciation of the application of the Convention, including copies of any relevant studies or surveys that have been undertaken on the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.

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 2016.

Repetition

The Committee notes the Government’s first report including the attached documentation. The Committee notes the developments in the country, including the Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on 17 August 2015, by the parties to the conflict (the “Peace Agreement”), establishing a Transitional Government of National Unity (A/HRC/31/49, 10 March 2016, paragraphs 10 and 59). The Committee notes that pursuant to article 13.1 of the Peace Agreement, a reconstituted National Constitutional Review Committee will draft or revise, as appropriate, other legislation provided in the Peace Agreement, as well as a Constitutional Amendment Bill upon signing the Peace Agreement with the latter’s incorporation into the Transitional Constitution of the Republic of South Sudan of 2011 (TCSS). The Committee further notes the Government’s indication that a draft Labour Bill of 2012, drawn up with the assistance of the Office, was in the third and final reading at the national Legislative Assembly at the time of the submission of the Government’s first report in 2015. While acknowledging the difficult situation prevailing in the country, the Committee hopes that the efforts of the international community will assist South Sudan to attain political stability and establish an environment conducive to ensuring the protection afforded by the Convention, and requests the Government to provide information on the following.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that while the draft Labour Bill guarantees in section 8(1) that women and men shall be entitled to equal remuneration for work of equal value, the term “remuneration” is not defined in the legislation. The Committee further notes that section 44 of the Civil Services Act refers to all “payments and privileges” which include the “basic salary, social benefits, allowances and benefits in kind”. The Committee draws the attention of the Government to the very broad definition of “remuneration” in Article 1(a) of the Convention and the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey on the fundamental Conventions, paragraph 689). The Committee requests the Government to take measures to ensure the inclusion of a definition of remuneration in the draft Labour Bill 2012, in accordance with Article 1(a) of the Convention, covering all elements of remuneration, including not only the basic or minimum wage, but also any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes that article 16(2) of the Transitional Constitution of South Sudan (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. The Committee welcomes the Government’s indication, in its report, that it is considering amending the TCSS to reflect fully the principle of equal remuneration for work of equal value. The Committee further notes that pursuant to section 8(1) of the draft Labour Bill 2012, “women and men shall be entitled to equal remuneration for work of equal value”, and that section 8(2) requires every employer to “take positive steps to guarantee equal remuneration for men and women for work of equal value”. The Committee encourages the Government to take the opportunity of the further amendment of the TCSS, to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention and to provide a copy of the constitution as amended, once adopted.

Public service. The Committee notes that section 19(b) of the Civil Service Act provides in general terms for equal rights for women and men in remuneration without specifically referring to the principle of equal pay for work of equal value. The Committee further notes that provision 4.2(1) of the Policy Framework for the Public Service of South Sudan 2007, which pre-dates the independence of South Sudan, refers to the principle of “equal pay for equal work”, which is narrower than the principle of the Convention. The Committee asks the Government to indicate the current status of the Policy Framework for the Public Service of South Sudan 2007, and to take the necessary steps to take into account, in any future development of a policy framework for the public service, the inclusion of the principle of the Convention, which should cover not only situations in which men and women perform equal pay for “equal” work, but also situations in which men and women do work which is entirely different but which can nevertheless be of equal value. The Committee requests the Government to seize the opportunity of any legislative review under the Peace Agreement to amend section 19(b) of the Civil Service Act, so as to give full legal expression to the principle of equal remuneration for men and women for work of equal value, and to provide a copy of any amendments made in this regard. The Committee also asks for a copy of the Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act.

Article 2(2). Rates of remuneration in the private sector. The Committee notes that section 17(4)(d) of the draft Labour Bill 2012 mandates the Labour Advisory Council (LAC) to “fix, review periodically and adjust minimum wages in accordance with section 52 of the draft Labour Bill”. Pursuant to section 52(3) of the draft Labour Bill of 2012, the Labour Advisory Council may, subject to the principle of equal pay for work of equal value, fix different minimum wages for different occupations or for special categories of employees. The Committee emphasizes that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on how it is being ensured that the LAC, once established and functioning, will take into account the principle of equal remuneration for men and women for work of equal value when setting different minimum wages for different occupations and for special categories of workers. It also requests the Government to indicate whether the interim tripartite cooperative body mentioned in the Government’s report has still a role in setting minimum wages for certain occupations and categories of workers, and if so, how this tripartite body is ensuring that when setting minimum wages, occupations and the work in sectors where women predominate, is not being undervalued as compared to the work undertaken in sectors employing primarily men.

Rates of remuneration in the public service. The Committee notes that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. The Committee requests the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service. Please provide information on the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex. Please provide information on the distribution of men and women in each of the grades and salary scales in the civil service.

Article 3. Objective job evaluation in the public sector. The Committee notes that section 25(1) of the Civil Service Act 2011 gives the Government the responsibility “of preparing and maintaining a job description in relation to each post in the institution’s establishment structure other than skilled and unskilled worker posts” and to review “all job descriptions and selection criteria, at least, every two years” (section 25(5)). The Committee notes that under section 25(2)(a) read with section 31(1)(c), the selection criteria in the job description relate to such factors as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”. The Government also indicates that section 59 of the Civil Service Act refers to the “merit principle” for the purposes of “progression of civil servants, officials and employees within their grade or from one level to another”. The Committee notes that there may be the potential for some confusion to exist between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see General Survey, 2012, paragraph 697). The Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the jobs content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of ... duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value and if that is the case, how; (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.

Article 3. Objective job evaluation in the private sector. The Committee notes that section 8(3) of the draft Labour Bill 2012, defines “work of equal value” as “work which requires of workers a comparable amount of vocational knowledge attested to by a qualification, diploma or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort”. The Committee recalls that while the Convention does not prescribe any specific method of the examination of the respective tasks involved with respect to the different jobs, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort responsibilities as well as working conditions (see General Survey, 2012, paragraph 695). The Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the establishment of the tripartite Labour Advisory Council depends on the enactment of the draft Labour Bill 2012, while an interim tripartite cooperation body, a Labour Advisory Committee, is in operation. The Committee requests the Government to provide information on activities carried out by the interim tripartite cooperation body, to give effect to the Convention. Please also provide information on any other measures taken, in cooperation with the workers’ and employers’ organizations, to promote the principle of the Convention, including in collective agreements.

Practical application. Noting the ongoing legislative process in the country, the Committee requests the Government to provide full updated information on each of the provisions of the Convention and on each question set out in the report form. In doing so, the Committee also asks the Government to consider the requests for information in this direct request, in particular, related to any amendments to the draft Labour Bill 2012, before its adoption as well as the Civil Service Act, and other relevant legislation. The Committee also requests updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention. The Committee also requests the Government to provide a general appreciation of the application of the Convention, including copies of any relevant studies or surveys that have been undertaken on the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.

The Committee notes the Government’s first report including the attached documentation. The Committee notes the developments in the country, including the Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed on 17 August 2015, by the parties to the conflict (the “Peace Agreement”), establishing a Transitional Government of National Unity (A/HRC/31/49, 10 March 2016, paragraphs 10 and 59). The Committee notes that pursuant to article 13.1 of the Peace Agreement, a reconstituted National Constitutional Review Committee will draft or revise, as appropriate, other legislation provided in the Peace Agreement, as well as a Constitutional Amendment Bill upon signing the Peace Agreement with the latter’s incorporation into the Transitional Constitution of the Republic of South Sudan of 2011 (TCSS). The Committee further notes the Government’s indication that a draft Labour Bill of 2012, drawn up with the assistance of the Office, was in the third and final reading at the national Legislative Assembly at the time of the submission of the Government’s first report in 2015. The Committee hopes that the efforts of the international community will assist South Sudan to attain political stability and establish an environment conducive to ensuring the protection afforded by the Convention, and requests the Government to provide information on the following.

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that while the draft Labour Bill guarantees in section 8(1) that women and men shall be entitled to equal remuneration for work of equal value, the term “remuneration” is not defined in the legislation. The Committee further notes that section 44 of the Civil Services Act refers to all “payments and privileges” which include the “basic salary, social benefits, allowances and benefits in kind”. The Committee draws the attention of the Government to the very broad definition of “remuneration” in Article 1(a) of the Convention and the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully (see 2012 General Survey on the fundamental Conventions, paragraph 689). The Committee requests the Government to take the opportunity of the upcoming legislative review to ensure the inclusion of a definition of remuneration in the draft Labour Bill 2012, in accordance with Article 1(a) of the Convention, covering all elements of remuneration, including not only the basic or minimum wage, but also any additional allowances, paid directly or indirectly, in cash or in kind, by the employer to worker.

Articles 1(b) and 2. Equal remuneration for work of equal value. Legislation. The Committee notes that article 16(2) of the Transitional Constitution of South Sudan (TCSS) gives women the right to “equal pay for equal work and other related benefits with men”, which is narrower than the principle set out in the Convention. The Committee welcomes the Government’s indication, in its report, that it is considering amending the TCSS to reflect fully the principle of equal remuneration for work of equal value. The Committee further notes that pursuant to section 8(1) of the draft Labour Bill 2012, “women and men shall be entitled to equal remuneration for work of equal value”, and that section 8(2) requires every employer to “take positive steps to guarantee equal remuneration for men and women for work of equal value”. The Committee encourages the Government to take the opportunity of the further amendment of the TCSS, to ensure that article 16(2) fully takes into account the principle of equal remuneration for work of equal value set out in the Convention and to provide a copy of the constitution as amended, once adopted.

Public service. The Committee notes that section 19(b) of the Civil Service Act provides in general terms for equal rights for women and men in remuneration without specifically referring to the principle of equal pay for work of equal value. The Committee further notes that provision 4.2(1) of the Policy Framework for the Public Service of South Sudan 2007, which pre-dates the independence of South Sudan, refers to the principle of “equal pay for equal work”, which is narrower than the principle of the Convention. The Committee asks the Government to indicate the current status of the Policy Framework for the Public Service of South Sudan 2007, and to take the necessary steps to take into account, in any future development of a policy framework for the public service, the inclusion of the principle of the Convention, which should cover not only situations in which men and women perform equal pay for “equal” work, but also situations in which men and women do work which is entirely different but which can nevertheless be of equal value. The Committee requests the Government to seize the opportunity of any legislative review under the Peace Agreement to amend section 19(b) of the Civil Service Act, so as to give full legal expression to the principle of equal remuneration for men and women for work of equal value, and to provide a copy of any amendments made in this regard. The Committee also asks for a copy of the Regulations detailing further rights and obligations of civil servants, as indicated in section 20(2) of the Civil Service Act.

Article 2(2). Rates of remuneration in the private sector. The Committee notes that section 17(4)(d) of the draft Labour Bill 2012 mandates the Labour Advisory Council (LAC) to “fix, review periodically and adjust minimum wages in accordance with section 52 of the draft Labour Bill”. Pursuant to section 52(3) of the draft Labour Bill of 2012, the Labour Advisory Council may, subject to the principle of equal pay for work of equal value, fix different minimum wages for different occupations or for special categories of employees. The Committee emphasizes that the fixing of minimum wages can make an important contribution to the application of the principle of the Convention (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on how it is being ensured that the LAC, once established and functioning, will take into account the principle of equal remuneration for men and women for work of equal value when setting different minimum wages for different occupations and for special categories of workers. It also requests the Government to indicate whether the interim tripartite cooperative body mentioned in the Government’s report has still a role in setting minimum wages for certain occupations and categories of workers, and if so, how this tripartite body is ensuring that when setting minimum wages, occupations and the work in sectors where women predominate, is not being undervalued as compared to the work undertaken in sectors employing primarily men.

Rates of remuneration in the public service. The Committee notes that section 45(3) read together with section 21(1)(2) of Chapter VII of the Civil Service Act of 2011 provide that “the schedule of salary rates” is based on “the Civil Service Grade Classification Structure” composed of six categories of staff: (a) leadership; (b) super grade; (c) administrative and professional; (d) technical and para-professional; (e) skilled worker; and (f) unskilled worker. Examples of the title of posts included in each grade classification are set out in Schedule 1 of the Act. Section 45(1) provides for the issuance of a regulation indicating a “schedule of salary rates for the Grade Classification structure and pay grade”. The Committee requests the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being applied in practice in the public service. Please provide information on the criteria used in determining the posts and their corresponding salary scales in the Civil Service Grade Classification Structure and to ensure that these were established without discrimination based on sex. Please provide information on the distribution of men and women in each of the grades and salary scales in the civil service.

Article 3. Objective job evaluation in the public sector. The Committee notes that section 25(1) of the Civil Service Act 2011 gives the Government the responsibility “of preparing and maintaining a job description in relation to each post in the institution’s establishment structure other than skilled and unskilled worker posts” and to review “all job descriptions and selection criteria, at least, every two years” (section 25(5)). The Committee notes that under section 25(2)(a) read with section 31(1)(c), the selection criteria in the job description relate to such factors as “knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of [relevant] duties and responsibilities”. The Government also indicates that section 59 of the Civil Service Act refers to the “merit principle” for the purposes of “progression of civil servants, officials and employees within their grade or from one level to another”. The Committee notes that there may be the potential for some confusion to exist between performance appraisal, which aims at evaluating the performance of an individual worker in carrying out his or her job, and objective job evaluation, which is to measure the relative value of jobs with varying content on the basis of the work to be performed. Objective job evaluation is concerned with evaluating the job and not the individual worker (see 2012 General Survey, paragraph 697). The Committee requests the Government to provide information on: (i) whether in developing job descriptions, it undertakes a formal and objective analysis of the jobs content, in particular, whether numerical values are given to “the knowledge, skills, experience, qualifications and personal attributes necessary or desirable for the competent performance of ... duties”, with a view to determining entitlement to equal remuneration for men and women for work of equal value and if that is the case, how; (ii) the methods adopted to determine rates of remuneration for skilled and unskilled worker categories which are not covered by section 25(5) of the Civil Service Act 2011. Please provide information on any measures taken to undertake objective job evaluation free from gender bias in the public service.

Article 3. Objective job evaluation in the private sector. The Committee notes that section 8(3) of the draft Labour Bill 2012, defines “work of equal value” as “work which requires of workers a comparable amount of vocational knowledge attested to by a qualification, diploma or work experience, capacities derived from acquired experience, responsibilities and physical or intellectual effort”. The Committee recalls that while the Convention does not prescribe any specific method of the examination of the respective tasks involved with respect to the different jobs, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort responsibilities as well as working conditions (see 2012 General Survey, paragraph 695). The Committee requests the Government to provide information on any measures taken or envisaged to encourage and promote the use of objective job evaluation methods in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the establishment of the tripartite Labour Advisory Council depends on the enactment of the draft Labour Bill 2012, while an interim tripartite cooperation body, a Labour Advisory Committee, is in operation. The Committee requests the Government to provide information on activities carried out by the interim tripartite cooperation body, to give effect to the Convention. Please also provide information on any other measures taken, in cooperation with the workers’ and employers’ organizations, to promote the principle of the Convention, including in collective agreements.

Practical application. Noting the ongoing legislative process in the country, the Committee requests the Government to provide full updated information on each of the provisions of the Convention and on each question set out in the report form. In doing so, the Committee also asks the Government to consider the requests for information in this direct request, in particular, related to any amendments to the draft Labour Bill 2012, before its adoption as well as the Civil Service Act, and other relevant legislation. The Committee also requests updated information on monitoring activities, especially those carried out by the competent authorities relating to the application of the Convention, including details of their findings, and on any other initiatives taken by them with a view to promoting the application of the Convention. The Committee also requests the Government to provide a general appreciation of the application of the Convention, including copies of any relevant studies or surveys that have been undertaken on the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide statistics of the earnings of men and women in the public and the private sectors, by occupational sector and job category, and disaggregated by sex.

Equal Remuneration Convention, 1951 (No. 100) - South Sudan (Ratification: 2012)

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

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

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

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

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

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

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