All Comments

Home Page | Français | Español |

ILO is a United Nations Agency

RSS Feed | Newsroom | Contact us

NORMLEX

Information System on International Labour Standards

Instruments
Key documents
Ratification of ILO Conventions
Supervising the application of International Labour Standards: Supervision by country; Search comments by the supervisory bodies; Complaint procedures; Freedom of association cases; Representations (Art. 24); Commission of Inquiry (Art. 26)
Regular reporting
Country profiles
Comparatives
Maritime Labour Convention (2006)

MLC, 2006

NATLEX *new look*
National Legislation on Labour and Social Rights

LEGOSH
Global database on occupational safety and health legislation

EPLex
Employment protection legislation database

Compendium of court decisions

NORMLEX Home > Country profiles > > Comments > All Comments

Equal Remuneration Convention, 1951 (No. 100) - Yemen (Ratification: 1976)

Display in: French - Spanish

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

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 the complexity of the situation prevailing on the ground and the armed conflict in the country.
Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–79). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.
Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.
Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

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 the complexity of the situation prevailing on the ground and the armed conflict in the country.
Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–679).The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.
Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men.The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.
Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point.The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

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 the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–679). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.

Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

The Committee notes the complexity of the situation prevailing on the ground and the armed conflict in the country.

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee previously asked the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers (section 67(1) of the Labour Code No. 5 of 1995). The Committee notes the Government’s indication that the draft Labour Code provides for equality between men and women with respect to wages. Gaps may occur in practices, but these issues require time to be controlled. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see the 2012 General Survey on fundamental Conventions, paragraphs 673–679). The Committee asks the Government to take the necessary measures within the framework of the revision of the Labour Code to amend section 67(1) in order to ensure that the principle of “work of equal value” applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide a copy of the new Labour Code, once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee previously requested the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap. The Committee notes the Government’s indication that there is disparity between men and women in monthly wages, where women earn monthly less than 40,400 Yemeni rials (YER) compared to YER53,300 for men. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, and to identify and address its underlying causes. The Committee also requests the Government to provide updated information on the earnings of men and women disaggregated by economic activity and occupation, both in the private and public sectors, as well as any available statistics or analysis on the gender pay gap.

Monitoring and enforcement. The Committee notes an absence of information in the Government’s report on this point. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Articles 1 and 2 of the Convention. Work of equal value. Legislation. Since 2003, the Committee has been noting that section 67(1) of the Labour Code No. 5 of 1995 is more restrictive than the principle set out in the Convention. The Committee notes that, in its report, the Government indicates that it has adopted a new draft Labour Code in 2013 but that it has not yet been submitted to the House of Representatives. The Committee further notes from the Government’s report that the draft Labour Code provides for equality between men and women with respect to wages but fails to capture the concept of “work of equal value”, which is fundamental to eliminate pay discrimination. The Committee requests the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide information on the status of the draft Labour Code and to provide a copy once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee recalls that the Jobs, Wages and Salaries Act No. 43 of 18 June 2005 fixes the minimum wage for all employees working in the administrative bodies of the State and the public sector, and that section 55 of the Labour Code provides for the setting of a minimum wage in the private sector which is the same as that paid by the state administration. It further recalls that women tend to predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, which has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 682–685). Noting that the Government did not provide any statistical information relating to the number of workers earning the minimum wage, the Committee once again requests the Government to provide any available information on the number of workers, disaggregated by sex, who are earning the minimum wage. The Committee also requests the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap, in particular activities undertaken to increase the income levels of rural women and to improve women’s educational levels.

Monitoring and enforcement. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

Articles 1 and 2 of the Convention. Work of equal value. Legislation. Since 2003, the Committee has been noting that section 67(1) of the Labour Code No. 5 of 1995 is more restrictive than the principle set out in the Convention. The Committee notes that, in its report, the Government indicates that it has adopted a new draft Labour Code in 2013 but that it has not yet been submitted to the House of Representatives. The Committee further notes from the Government’s report that the draft Labour Code provides for equality between men and women with respect to wages but fails to capture the concept of “work of equal value”, which is fundamental to eliminate pay discrimination. The Committee requests the Government to ensure that the draft Labour Code gives full legislative expression to the principle of equal remuneration for men and women for work of equal value with respect to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee requests the Government to provide information on the status of the draft Labour Code and to provide a copy once it is adopted.

Assessment of the gender wage gap. Minimum wage. The Committee recalls that the Jobs, Wages and Salaries Act No. 43 of 18 June 2005 fixes the minimum wage for all employees working in the administrative bodies of the State and the public sector, and that section 55 of the Labour Code provides for the setting of a minimum wage in the private sector which is the same as that paid by the state administration. It further recalls that women tend to predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, which has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 682–685). Noting that the Government did not provide any statistical information relating to the number of workers earning the minimum wage, the Committee once again requests the Government to provide any available information on the number of workers, disaggregated by sex, who are earning the minimum wage. The Committee also requests the Government to provide information on the gender pay gap, including any available statistical information on men and women’s earnings, and on any measures taken to address this gap, in particular activities undertaken to increase the income levels of rural women and to improve women’s educational levels.

Monitoring and enforcement. The Committee once again requests the Government to provide information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as any administrative or judicial decisions handed down in this respect.

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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that section 67(1) of the Labour Code No. 5 of 1995 provides that “women shall be entitled to wages equal to those of men if they perform the same work under the same conditions and specifications”, which is more restrictive than the principle set out in the Convention. The Committee also notes that the Government has been indicating for a number of years that the process of amending the Labour Code was under way. In its most recent report, the Government indicates that draft amendments were submitted to the Ministry of Legal Affairs in 2008, and that it was expected that the draft text would be referred to the Council of Ministers for its adoption and its submission to the House of Councillors. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for work of equal value and the promotion of equality, and that it encompasses not only the same work performed under the same conditions and specifications, but should also allow for the comparison of work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–679). The Committee also recalls that legal provisions that are narrower than the principle laid down in the Convention, as they do not give expression to the concept of “work of equal value”, hinder progress in eradicating gender-based pay discrimination (General Survey, 2012, paragraph 679). The Committee asks the Government to take steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to ensure that the principle applies to all workers, including domestic workers, agricultural workers and casual workers who are currently excluded from the scope of the Labour Code. The Committee hopes that progress will be made in the near future and asks the Government to provide specific information in this regard.

Article 2. Wages scales and job classification – minimum wage. The Committee recalls that section 38(e) of the Jobs, Wages and Salaries Act No. 43 of 18 June 2005 fixes the minimum wage for all employees working in the administrative apparatus of the State, and in the public and mixed sectors, and that section 55 of the Labour Code provides for the setting of a minimum wage in the private sector which is the same as that paid by the state administration. The Committee again asks the Government to provide updated statistical information, on the number of men and women respectively employed in the different job levels and grades covered by the Jobs, Wages and Salaries Act. It also asks the Government to provide information on the number of workers, disaggregated by sex, who are earning the minimum wage or below.

Wage disparities. In the absence of updated information from the Government, the Committee again asks the Government to provide information on the results of the activities undertaken to increase the income levels of rural women, and to improve women’s educational levels in order to improve their access to paid employment. The Committee also asks the Government to provide information on the gender pay gap, including regarding the measures taken to examine the nature and extent of the pay gap, such as any study or survey conducted in this respect, and on any activities of the Women’s National Committee relevant to the implementation of the Convention.

Monitoring and enforcement. The Committee asks the Government to provide statistics on the number of workers in the public and private sectors, disaggregated by sex, and also by sector of activity and occupation if possible, and the corresponding level of earnings. Please also provide any information regarding the role of labour inspectors in detecting and addressing unequal pay, as well as regarding any relevant court or administrative decisions.

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

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

Repetition
Article 1(b) of the Convention. Work of equal value. The Committee notes the Government’s statement that section 67(a) of the Labour Code provides that men and women receive equal pay for work of equal value. The Committee recalls that section 67(a) of the Labour Code only provides that female workers are entitled to wages equal to those of men if they perform the same work under the same conditions, which is more restrictive than the concept of equal value contained in the Convention. The Committee notes that Yemen participated in a Tripartite Workshop on Gender Equality and International Labour Standards for the Gulf States, held in April 2009, which had among its objectives the improvement of constituents’ knowledge of the requirements and concepts of Convention No. 100. The Committee recalls its 2006 general observation and trusts that the Government will now be able, in consultation with the workers’ and employers’ organizations, to take the necessary steps to ensure that the final version of the Labour Code provides expressly for equal remuneration for men and women for work of equal value, and to report on the progress achieved in this regard. In the meantime, the Committee asks the Government to provide information on any other measures taken to ensure or promote the application of this principle in practice, including its application to domestic workers, agricultural workers and casual workers, currently excluded from the Labour Code.
Article 2. Wages scales and job classification – minimum wage. The Committee notes the Jobs, Wages and Salaries Act No. 43 of 18 June 2005. The Act fixes the minimum wage for all employees working in the administrative apparatus of the State, the public and mixed sectors, and provides for a classification of job levels and grades in the public service. It also notes that in accordance with section 55 of the Labour Code No. 5 of 1995, the same minimum wage floor is set for the private sector. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different job levels and grades covered by the Act. It also reiterates its request to the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being ensured for wages in the private sector above the minimum wage.
Wage disparities. The Committee recalls the significant wage disparities between men and women in sales, agricultural types of occupations and the production and transport sectors. It also recalls that only 9.8 per cent of women workers are salaried workers, and that the large majority of women are employed in traditional areas such as agriculture, hunting and forestry, especially in rural areas. The Committee notes that the Government seeks to provide job opportunities for women in rural areas through its support of small enterprises and assistance through the Social Welfare Fund. The Government also indicates that educational levels of women are low but that efforts to improve education in both rural and urban areas have showed positive results. The Committee notes in this regard that information concerning the determination of skills and specializations by the Ministry of Technical Education and Vocational Training will be provided as soon as possible. The Committee asks the Government to provide further details on the results achieved with respect to the activities undertaken to increase the income levels of rural women, as well as those aimed at improving women’s educational levels in order to improve their access to paid employment. Please also provide information on the measures taken to examine the actual nature and scope of the current wage disparities between men and women.
Promoting the principle of equal remuneration for men and women. The Committee reiterates its request to the Government to provide information on the specific activities undertaken by the Women’s National Committee to give effect to the principle of the Convention and to reduce wage disparities between men and women.

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

Article 1(b) of the Convention. Work of equal value. The Committee notes the Government’s statement that section 67(a) of the Labour Code provides that men and women receive equal pay for work of equal value. The Committee recalls that section 67(a) of the Labour Code only provides that female workers are entitled to wages equal to those of men if they perform the same work under the same conditions, which is more restrictive than the concept of equal value contained in the Convention. The Committee notes that Yemen participated in a Tripartite Workshop on Gender Equality and International Labour Standards for the Gulf States, held in April 2009, which had among its objectives the improvement of constituents’ knowledge of the requirements and concepts of Convention No. 100. The Committee recalls its 2006 general observation and trusts that the Government will now be able, in consultation with the workers’ and employers’ organizations, to take the necessary steps to ensure that the final version of the Labour Code provides expressly for equal remuneration for men and women for work of equal value, and to report on the progress achieved in this regard. In the meantime, the Committee asks the Government to provide information on any other measures taken to ensure or promote the application of this principle in practice, including its application to domestic workers, agricultural workers and casual workers, currently excluded from the Labour Code.

Article 2. Wages scales and job classification – minimum wage. The Committee notes the Jobs, Wages and Salaries Act No. 43 of 18 June 2005. The Act fixes the minimum wage for all employees working in the administrative apparatus of the State, the public and mixed sectors, and provides for a classification of job levels and grades in the public service. It also notes that in accordance with section 55 of the Labour Code No. 5 of 1995, the same minimum wage floor is set for the private sector. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different job levels and grades covered by the Act. It also reiterates its request to the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being ensured for wages in the private sector above the minimum wage.

Wage disparities. The Committee recalls the significant wage disparities between men and women in sales, agricultural types of occupations and the production and transport sectors. It also recalls that only 9.8 per cent of women workers are salaried workers, and that the large majority of women are employed in traditional areas such as agriculture, hunting and forestry, especially in rural areas. The Committee notes that the Government seeks to provide job opportunities for women in rural areas through its support of small enterprises and assistance through the Social Welfare Fund. The Government also indicates that educational levels of women are low but that efforts to improve education in both rural and urban areas have showed positive results. The Committee notes in this regard that information concerning the determination of skills and specializations by the Ministry of Technical Education and Vocational Training will be provided as soon as possible. The Committee asks the Government to provide further details on the results achieved with respect to the activities undertaken to increase the income levels of rural women, as well as those aimed at improving women’s educational levels in order to improve their access to paid employment. Please also provide information on the measures taken to examine the actual nature and scope of the current wage disparities between men and women.

Promoting the principle of equal remuneration for men and women. The Committee reiterates its request to the Government to provide information on the specific activities undertaken by the Women’s National Committee to give effect to the principle of the Convention and to reduce wage disparities between men and women.

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

In the meantime, the Committee asks the Government to provide information on any other measures taken to ensure or promote the application of this principle in practice, including its application to domestic workers, agricultural workers and casual workers, currently excluded from the Labour Code.

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

1. Article 1(b) of the Convention. Work of equal value. Referring to previous initiatives to bring section 67 of the draft Labour Code into conformity with Article 1(b) of the Convention, the Committee notes the Government’s response indicating that the proposed amendments to sections 64–68 of the draft Labour Code were “crossed off” by the social partners during the tripartite workshop held in 2003. In light of this development, the Committee asks the Government to clarify whether it still intends to give legal expression to the principle of equal remuneration for men and women for work of equal value contained in Article 1 of the Convention. In the absence of any legislative developments, the Committee asks the Government to provide information on any measures taken or envisaged to ensure or promote the application of the principle in practice.

2. Article 2. Wage scales and job classification. The Committee notes from the Government’s report the promulgation of the Jobs, Wages and Salaries Act No. 43 of 18 June 2005. In the absence of a copy of the new law, which was not annexed to the Government’s report, and of any further information on the implementation of section 54 (wage scales and job classification) and section 109 (regulations to determine job appraisal) of the Labour Code, the Committee reiterates its request to the Government to provide information on any developments with regard to the establishment of occupational wage scales and categories. Please also provide information on the activities of the Ministry of Technical Education and Vocational Training with respect to the determination of skills levels, including the methodology used.

3. Minimum wage. The Committee notes the Government’s statement that Act No. 43 of 2005, in accordance with section 55 of the Labour Code, fixes the minimum wage within the administrative apparatus of the State. The Committee further notes from the Government’s report that section 38(e) sets the minimum wage at 20,000 rials and that, according to section 55 of the Labour Code, the minimum wage of a worker shall not be less than the minimum wage fixed in the administrative apparatus of the State. The Committee asks the Government to clarify whether this concerns nationwide or regional wages, and to provide information on how the application of the principle of equal remuneration for men and women is ensured for wages above the minimum wage.

4. Wage disparities. In its previous comments the Committee noted the significant wage disparities between men and women in sales, agricultural types of occupations and the production and transport sectors. It also noted that gender-based wage discrimination should be dealt with through economic policies aimed at curbing those disparities. The Committee notes the extensive statistics provided by the Government on the male and female participation rates in the various sectors of economic activity. While noting a slight increase in the overall participation of women in the labour market, the Committee notes that the statistics continue to affirm that the large majority of women find employment in traditional areas such as agriculture, hunting and forestry, especially in the rural areas, and that their representation in more recent occupations remains extremely low. The Government further indicates that, among women workers, 74 per cent work without wages, 14.6 per cent are self-employed and only 9.8 per cent are salaried workers. The Committee notes that the Government is giving priority to promoting employment of rural women since the Yemeni society remains primarily a rural society. The Committee asks the Government to provide information in its next report on the specific measures taken to increase the levels of income of rural women, for example through enabling them to set up their own businesses, and to promote their access to paid employment in the private and public sectors. It also encourages the Government to update its assessment of the existing wage disparities in the various sectors, especially in the administrative sector and sales and agricultural occupations, in order to be able to determine the actual nature and scope of the current wage disparities, and the most effective measures to address them.

5. Article 2. Addressing gender stereotypes as a means to reduce inequalities in remuneration. Recalling its previous comments that the low status of women in society, due to gender stereotypes, is one of the root causes of unequal remuneration, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and asks the Government to provide information on the measures being taken to address gender stereotyped attitudes among private sector employers, as a means to increase the levels of income and reduce wage disparities between men and women.

6. The Committee requests a copy of the text of the National Strategy for Women in Labour 2001–10, and information on the specific activities undertaken, including by the Women’s National Committee, to give effect to the principle of the Convention and to reduce the pay disparities between men and women in the private and public sectors.

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

1. The Committee notes the initiatives taken by the Government, together with the social partners, with a view to bringing section 67 of the draft Labour Code into conformity with Article 1(b) of the Convention. Noting that a tripartite workshop was to be held in 2003 to discuss the matter, taking into account the Committee’s previous comments, please provide information on the outcome of this workshop and the progress achieved concerning the amendment of section 67 of the draft Labour Code.

2. With reference to its previous comments concerning the implementation of sections 54 (wage scales and job classification) and 109 (regulations to determine job appraisal) of the Labour Code, the Committee notes the Government’s statement that a new Ministry of Technical Education and Vocational Training was set up, replacing the General Authority on Vocational Training, and that due to this restructuring no new developments have taken place with regard to the occupational wage scales and categories. The Committee asks the Government to provide information on the activities of the new Ministry with respect to the determination of skill levels, including the methodology used, and to supply a copy of the documents on "Occupational scales and categories in the Republic of Yemen".

3. With regard to the Government’s efforts towards fixing minimum wages, the Committee notes that the tripartite Labour Council still has not dealt with the question of wages. It hopes that the Government will be in a position to supply information, in its next report, on any progress achieved with regard to the setting of minimum wages and to supply copies of the rates once established.

4. As regards ensuring equal remuneration of men and women in the public sector, the Committee notes that the copy of Presidential Order No. 122 of 1992, referred to in the Government’s report, was not received. It would be grateful if the Government could provide a copy of the Order with its next report.

5. The Committee thanks the Government for providing a copy of the report "Women and men in Yemen: A statistical portrait", confirming the Government’s previous statistical information that wage disparities between men and women are particularly important in sales (where the mean wage of women is 45 per cent of that of men); agricultural types of occupations (where the mean wage of women is 58 per cent of that of men); and the production and transport sector (where the mean wage of women is 69 per cent of that of men), but less severe in the administrative and clerical types of occupations, where gender ratios were estimated at 82 and 77 per cent, respectively. Although the Government asserts in its portrait that there are no wage differentials according to the type of work performed by men and women, the abovementioned report, nevertheless, concludes that gender discrimination exists in wages offered to employees for the same type of occupation. The portrait recommends that this gender-based dissemination should be dealt with through economic policies aimed at curbing those gaps. Noting that the Government is endeavouring to provide jobs to women to enable them to participate in the development process, the Committee asks the Government to provide more specific information indicating how these and other measures (e.g., promoting women’s access to training and positions offering higher levels of remuneration), taken or envisaged in the context of economic policies, are helping to reduce the wage disparities that exist in the governmental administration sector and in the sales and agricultural occupations. Given the fact that the statistical data provided relate to the period 1991-94 and in order to assess the progress achieved by the Government since then in reducing existing wage disparities between men and women, the Committee would be grateful to receive, in future reports, more recent data on the distribution of women and men, by sector and occupation, as well as their levels of income, in both the governmental and private sectors.

6. Noting also the Government’s statement that the private sector still prefers in most cases to employ men, the Committee points out that the low status of women, due to stereotypes in the roles of men and women and unequal treatment of women in general as regards their access to employment opportunities, is one of the root causes of inequalities in remuneration. It asks the Government to provide information on any measures taken or envisaged to promote women’s employment in the private sector, including measures to address gender stereotype attitudes amongst private-sector employers, in order to increase their levels of income and reduce wage disparities between men and women in the private sector.

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

The Committee notes the Government’s report and ask the Government to provide information on the following points.

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

The Committee notes the report from the Government and the attached documentation.

1. The Committee refers to its previous direct request concerning section 67 of the Labour Code which contains a provision limiting female workers’ entitlement to wages equal to those of men if they perform the same work under the same conditions and specifications, while requiring equal wages to be paid to Yemenis and non-Yemenis if their working conditions, qualification, experience and competence are equal. The Committee notes the Government’s statement that it will take the necessary measures to amend these provisions so as to bring them fully into conformity with Article 1 of the Convention, which goes beyond "same work" by requiring equal remuneration for men and women workers for work of equal value. The Committee requests the Government to provide in its next report information on the measures taken with a view to amending section 67 of the Labour Code to bring it fully in line with Article 1 of the Convention.

2. With regard to its previous comments on section 54 of the Labour Code concerning wage scales and job classification and section 109 of the Labour Code which provides for regulations to determine the jobs to be appraised in terms of skill levels, the Committee reiterates its request to the Government to submit the documents on "Occupational scales and categories in the Republic of Yemen" and the system for the determination of skill level, both of which the Government referred to in previous reports.

3. With respect to the Government’s efforts towards fixing minimum wages, the Committee notes from the report that the tripartite Labour Council envisaged under section 11 of the Labour Code has been set up in 1997. The Committee also notes that the Council has not yet dealt with the question of wages. It requests the Government to indicate whether the Ministry of Labour and Vocational Training has established the planned technical working group to study wages in the private sector which, as reported by the Government previously, was to provide proposals on minimum wages to the Labour Council. The Committee would be grateful to receive further information on any progress made on this matter in the Government’s next report.

4. As regards ensuring equal remuneration of men and women in the government sector, the Committee notes from the Government’s report that Presidential Order No. 122 of 1992, which has been promulgated under the Civil Service Code (Law No. 19 of 1991), includes provisions on the application of objective criteria for the evaluation of government sector employees, as provided for under section 173(d) of the Civil Service Code. The Government is requested to submit a copy of Presidential Order No. 122 with its next report.

5. The Committee thanks the Government for providing relevant statistical information. The Committee notes that the large majority of women engaging in remunerated jobs work in the public sector and that only a very small percentage is active in the private sector (5 per cent). The Committee notes that overall women’s wages amount to 72 per cent of men’s wages. The Committee also notes that wage differentials in some areas of economic activity, including sales, agriculture, production and transport, are significantly higher than in others, such as the service sector, science and technical and office work. Noting that women with remunerated jobs work to a large extent in the government sector, the Committee would be grateful to receive information on the levels of income of men and women in that sector. The Committee requests the Government to provide information on any measures taken or planned to address existing wage differentials, e.g. through promoting women’s access to training and positions offering higher levels of remuneration. The Committee asks the Government to provide a copy of the document "Men and Women in the Republic of Yemen - Statistical Background" prepared by the Central Census Office, which has been cited as the source of the abovementioned information.

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

1. The Committee notes the information provided by the Government in response to its previous direct requests. It takes due notice of the Government's statements that the Constitution of Yemen confirms a non-discrimination policy and that the principle of equality of remuneration between men and women for work of equal value is confirmed in sections 2, 5, 42 and 67 of the Labour Code. Nevertheless, as the Committee has noted in previous comments, the equal remuneration provision contained in section 67 of the Labour Code limits female workers' entitlement to wages equal to those of men if they perform the same work under the same conditions and specifications. The Committee has further noted that the same provision requires equal wages to be paid to Yemenis and non-Yemenis if their working conditions, qualifications, experience and competence are equal.

The Committee recalls that the principle of equality of remuneration within the meaning of Article 1 of the Convention refers to equal remuneration for work of equal value, which includes, but goes beyond, the same work. As the Committee noted in its General Survey on equal remuneration, ILO, 1986, the ILO standards go beyond a reference to the "same" or "similar" work, in choosing the "value" of the work as the point of comparison. The notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such a technique is essential in determining whether jobs involving different work may have the same value for purposes of remuneration. Job evaluation, based on objective criteria such as the nature of the tasks to be performed and the skill and effort required, provides a way of extending equal remuneration to men and women when fair and just criteria are used that reflect job content characteristics of work which women tend to carry out as well as work which men tend to carry out. (See 1986 General Survey, at paragraphs 19 to 23, 52 to 70 and 138 to 152).

The Committee notes the Government's statements that the criteria concerning qualifications, experience and competence in section 67(2) of the Labour Code may be necessary for certain occupations, such as the medical profession. Moreover, it notes that the Government intends to establish a wage system to resolve the problem of equality of remuneration between female workers and foreign workers referred to by the Committee. In light of the above-referenced information and the requirements of the Convention, the Committee requests the Government to provide information in detail in its next report on the measures taken to ensure that section 67 is being applied in conformity with the Convention, including the progress of the work on the above-referenced wage system.

2. In response to the Committee's previous direct requests for information regarding the implementation of sections 54 and 109 of the Labour Code, the Government's report makes reference to the "Occupational Scales and Categories in the Republic of Yemen", as well as to a system for the determination of skill levels. The Committee would be grateful if the Government would supply these documents as soon as they become available.

3. The Committee notes with interest the Government's statements that the Ministry of Labour and Vocational Training plans to establish a technical working group to study wages in the private sector and submit proposals on minimum wages to the tripartite Labour Council contemplated under section 11 of the Labour Code. Accordingly, the Committee requests the Government to inform it of progress achieved concerning minimum wage fixing and to supply copies of the rates once established.

4. With respect to Law No. 19 of 1991, the Committee notes the Government's reference to section 12(c) of the Law. The Committee recalls the Government's statements in its 1993 report that sections 25(c), 44, 45, 171 and 173 of the Law ensure, through the application of objective criteria, that there is no wage discrimination in the government sector. The Committee requests that the Government supply, in its next report, a copy of the objective criteria used in government sector employee evaluations, referred to in section 173(d) of Law No. 19.

5. The Committee notes the Government's statements that it will provide the ILO with a copy of the 1994 General Census and hopes that the Government will supply this document as soon as it is available. The Committee asks the Government to provide it with any additional up-to-date statistical information which it may have reflecting the percentage of men and women in different jobs and on their respective salaries, in the public, private and mixed sectors. The Committee understands that relevant statistical information may be found in the Annual Statistical Report of the Ministry of Planning and therefore asks the Government to provide it with the most recent version of that report in order to assist the Committee in evaluating the application of the principles of the Convention.

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

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

1. The Committee notes with interest the Presidential Legislative Order of 9 March 1995 to promulgate the Labour Code (Act No. 5 of 1995). It notes in particular that, under section 2 of the Code, the term "worker" covers, without distinction, men and women who work for an employer in consideration of a wage; that section 5 prescribes equality, inter alia, of working conditions without discrimination on grounds of sex; and that section 42 prescribes equality between men and women in respect of specific working conditions, including wages and social security.

2. The Committee also notes that wage scales and categories for particular jobs shall be determined according to the volume and type of work involved in accordance with certain criteria set out in section 54 of the Labour Code. It notes, however, that under section 67 women are entitled to wages equal to those of men "if they perform the same work under the same conditions and specifications", whereas equal remuneration for Yemenis and non-Yemenis is based on the more general criteria of working conditions, qualifications, experience and competence, no reference being made to the notion of "same work". The Committee observes in this connection that the principle of equal remuneration is not applied according to the same criteria for foreign workers as for women workers. The Committee accordingly stresses that equality of remuneration between men and women within the meaning of the Convention applies to work of equal value. In point 1 above, it noted with interest section 42 of the new Code which does reflect, generally, the Convention's intent as to the scope of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to indicate in its next report whether any measures have been taken or are envisaged to give effect to the principle of the Convention, particularly in the implementation of sections 54 concerning wage scales and job classification, and 109, which provides for regulations to determine the jobs to be appraised in terms of skill levels, of the Labour Code.

3. The Committee asks the Government to provide statistical information in its next report on the percentage of men and women in different jobs, in both private and public sectors, and on their respective wage rates; to keep the Office informed of any measures that have been taken or are envisaged to give effect to the principle of the Convention, and to provide copies of any relevant laws and/or regulations.

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

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

Referring to its earlier direct request, the Committee notes the information contained in the Government's report, in particular that a draft of a new Labour Code has been prepared with the technical assistance of the Office and has been submitted to Parliament. It trusts that the Government will keep it informed of progress in the adoption of this text, and supply a copy of it once promulgated.

1. While awaiting developments regarding the new draft Code, the Committee recalls that it had requested details on the methods used to ensure that effect is given in practice to the principle of the Convention, not only in the case of minimum wages but also as regards wages that are higher than the minimum. According to the Government's report, Act No. 19 of 1991 on the public service (which repeals the former Act respecting state employees as amended in 1988), and its regulations (sections 25(c), 44, 45, 171 and 173), ensure through objective criteria that there is no discrimination in the payment of such wages. The Committee would appreciate receiving, with the Government's next report, a copy of these objective criteria used in the public service evaluations, which are referred to in particular in section 173(d) of the regulations under Act No. 19. For the private sector, pending the adoption of the new draft Code, the Government indicates that there are no collective agreements in sectors employing a large proportion of women. The Committee hopes that in future reports, once the Code is in force, the Government will be in a position to provide copies of such agreements so that the Committee is in a position to assess the implementation of the principle of the Convention.

2. Regarding its previous request for information on the establishment of the tripartite committee for the fixing of wages, envisaged under the 1970 Labour Code, the Committee notes that it has not been created, but that a tripartite labour council having similar responsibilities is provided for in the draft of the new Code. The Committee accordingly asks the Government to provide information on the functioning of this new body once the Code is in force.

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

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

1. The Committee notes the information supplied by the Government in reply to its previous comments and notes its statement to the effect that, in addition to the national Constitution, the Labour Code and the National Pact, no other detailed texts have been adopted with the specific objective of applying the principle of equal remuneration but that, in practice, the application of this principle does not give rise to problems since wages are determined in both the public and private sectors in an equivalent manner for workers of both sexes. The Government adds that no complaint has been made on this subject and that labour inspectors have not reported discrimination concerning the remuneration of men and women performing the same work. The Committee recalls that under the terms of the Convention, the principle of equal remuneration for men and women workers covers work of equal value and that consequently this work may not be of the same nature, performed under the same conditions or in the same enterprise. Please refer in this connection to the explanations provided in paragraphs 20 to 23 and 52 to 70 of the 1986 General Survey on Equal Remuneration. The Convention also provides, in Article 3, paragraph 1, that measures should be taken to promote the objective appraisal of jobs on the basis of the work to be performed where such action will assist in giving effect to the provisions of the Convention. Furthermore, as set out in the General Survey (paragraphs 138 to 149), the notion of paying men and women in accordance with the value of their work necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such a technique is moreover essential in determining whether jobs involving different work may none the less have the same value for the purposes of remuneration. The Committee therefore requests the Government to supply details on the methods used to ensure that effect is given in practice to the principle of equal remuneration in the sense of the Convention, and not only in the case of minimum wages, but also as regards wages which are higher than the minimum legal rate. Please supply, where appropriate, copies of some of the collective agreements applicable in sectors employing a large proportion of women.

2. The Committee notes the Government's indication to the effect that the increase in women workers in the agricultural sector is the result of the progressive exodus of men from working on the land. The Government adds that the family nature of farms excludes any remuneration and that, as a result, it has not been necessary to take any measures to promote and control the application of the principle of equal remuneration in this sector. The Committee hopes that the Government will ensure that the principle set forth in the Convention is applied in practice for men and women workers in the agricultural sector who have the status of employees, and that it will keep the Committee informed of any developments in this connection.

3. The Committee once again requests the Government to indicate whether the tripartite committee for fixing wages which is responsible, under the terms of section 85(1) of the Labour Code, for fixing the minimum wage of manual and non-manual workers, has been set up and, if so, to provide details of its activities.

4. The Committee notes from the Government's report that Act No. 49 of 1977 respecting state employees has been amended by Act No. 1 of 1988 respecting state employees and the public and mixed sectors. It requests the Government to supply a copy of this Act with its next report.