Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Tunisie (Ratification: 1968)

The Committee notes the adoption, on 26 January 2014, of the new Constitution which entrenches the equality of citizens before the law without discrimination (article 21) and provides that all citizens have the right to decent working conditions and fair pay (article 40). The Constitution also provides that the State undertakes to protect, support and improve women’s rights, guarantees equal opportunity between men and women when taking on different responsibilities in all areas and takes the necessary measures in order to eliminate violence against women (article 46).

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 comments.

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that section 5bis of the Labour Code (added by Act No. 993-66 of 5 July 1993) stipulates that there should be no discrimination between men and women in the application of the Labour Code and texts used for its application. Furthermore, in a previous report, the Government stated that the general regulations of the public service and the general regulations pertaining to public enterprises recognize the principle of equality between men and women. The Committee would like to recall that, although legal provisions providing for equality between men and women are important in the context of equal remuneration, they may not be sufficient to ensure that equal remuneration is paid to men and women carrying out work of equal value. In order to give full effect to the Convention, it is important to provide for equal remuneration between men and women not only for equal, the same or similar work, but also for work of a different nature which is nevertheless of equal value. As it has recalled in its previous comments, the concept of “work of equal value” is particularly important in a context when women and men are segregated in the labour market, as statistics provided by the Government show (concentration of women in certain sectors). The Committee hopes that, within the context of legislative reforms that will probably occur alongside the adoption of the new constitution, the Government will take account of the preceding factors and adopt the necessary measures to ensure that the principle of equal remuneration between men and women for work of equal value is fully reflected in the Labour Code, the general regulations of the public service and the general regulations pertaining to employees in public enterprises, and asks the Government to provide information on the measures taken in this respect.

Application of the principle by means of collective agreements. Noting that the Government indicates that the principle of equal remuneration for work of equal value is anchored in collective agreements, the Committee asks the Government to send extracts from collective agreements reflecting the principle of the Convention, and indicating the proportion of workers covered.

Practical application in the public and private sectors. The Committee notes the statistics provided by the Government on trends in the active population according to occupation. It nevertheless states that no information has been provided on the corresponding remuneration of men and women. The Committee notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination Against Women refers to a wage gap between men and women of 22 per cent and notes with concern that “wage agreements do not reflect the principle of equal remuneration for women and men for work of equal value” (CEDAW/C/TUN/CO/6, 5 November 2010, paragraph 42). In order to be able to evaluate the application of the Convention in practice, the Committee asks the Government to provide information on the following points:

• (i) updated statistical data, disaggregated by sex, on the distribution of employees in the various economic sectors, occupations and jobs and the corresponding remuneration levels;
• (ii) the impact of the Government’s plan of action to encourage the vocational advancement of women and to combat gender stereotypes in terms of the reduction of the wage gap between men and women, as well as information on the measures adopted or envisaged to promote the objective job evaluation; and
• (iii) the manner in which the Government is cooperating with the social partners with a view to giving full effect to the provisions of the Convention.

Equal remuneration in the agricultural sector. In the absence of any information in the Government’s report, the Committee reiterates its request for information on the distribution and level of the wages of men and women among ordinary, specialized and skilled workers in the agricultural sector, and on the measures adopted in this sector to reduce the wage gap between men and women workers.

Monitoring of the application. The Committee notes that, according to the Government, the labour inspectors have not reported any cases of wage discrimination or received any complaints on the subject. The Committee recalls that the fact that there have been no cases or complaints does not mean that there is no discrimination with respect to remuneration between women and men, but rather implies the lack of an appropriate legislative framework, workers’ lack of knowledge of their rights, difficulties of access to procedures or fear of reprisals. The Committee therefore asks the Government to take the necessary measures to ensure a better understanding of the principle of equal remuneration for men and women for work of equal value and a better knowledge of procedures in the event of infringements, especially by means of training, seminars and awareness-raising campaigns carried out among workers, employers and their organizations, lawyers, labour inspectors and magistrates. The Committee also asks the Government to continue providing information on infringements reported by the labour inspectors, the penalties imposed and remedies provided, as well as on any court ruling relating to the application of the principle of the Convention.