Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Burundi (Ratification: 1993)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), received on 29 August 2022 and 29 August 2023.

Article 1(a) of the Convention. Definition of remuneration. Legislation. Further to its previous comment, the Committee notes that, under the terms of section 4 of Act No. 1/11 of 24 November 2020 to revise Legislative Decree No. 1/037 of 7 July 1993 revising the Labour Code, remuneration is now defined as “earnings of all types, which may be valued in cash and determined by agreement or in accordance with the law, and which are payable, by virtue of a work contract, by an employer to a worker” and that, in accordance with section 181, “it is composed of the basic wage and any additional emoluments paid by the employer to the worker arising out of the workers’ employment”. The Committee requests the Government to indicate whether all the components of remuneration enumerated in Article 1(a) of the Convention, including benefits in kind payable directly or indirectly to the worker, are indeed included in the definition of the term “remuneration” contained in the Labour Code.

The Committee also notes that, according to the indications of the COSYBU, one category of workers (without further specification) has no longer been receiving since 2016 the seniority bonus that is now set out in section 182 of the Labour Code. In this regard, the Committee recalls that, within the meaning of the Convention, the term “remuneration” includes wage differentials or increments based on seniority (see the 2012 General Survey on the fundamental Conventions, paragraph 691). The Committee requests the Government to provide its comments on this subject.

Finally, the Committee recalls that it noted previously that the designation of the husband as head of the household could have an adverse impact on the payment to women of employment-related benefits, such as family allowances. It notes that Act No. 1/12 of 12 May 2020 issuing the Social Protection Code in Burundi provides, in section 105, that “family allowances shall be paid to the beneficiary”. The General Regulations governing public employees provide in section 82 that these allowances are payable to the “public employee”, without therefore any specification of the sex. The Committee notes with interest this information which responds to its previous comment.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee notes with satisfaction that section 184 of the new Labour Code provides that “workers performing the same work or work of equal value shall be entitled, without any discrimination, to equal remuneration”. The Committee requests the Government to provide information on the application of this new Labour Code, including any guidance it issued, any complaints that arose under it, and any court proceeding settled or ongoing.

Public service. The Committee notes that, in accordance with section 79 of Act No. 1/03 of 8 February 2023 amending Act No. 1/28 of 23 August 2006 issuing the General Regulations governing public employees, the remuneration of public employees “includes an indexed component, an employment component, family allowances and a performance component” and that, in accordance with section 25(1) of the Regulations, “a wage scale is attached to each step”. It also notes that section 79 of the General Regulations governing public employees does not explicitly refer to the principle of equal remuneration for men and women for work of equal “value”. The Committee requests the Government to: (i) indicate the measures taken to ensure that the determination of the remuneration of public employees is exempt from sexist prejudices or discrimination in practice; and (ii) ensure that full expression is given in the General Regulations governing public employees to the principle set out in the Convention, and to provide information on any measures taken to this effect.

The Committee further notes that article 57 of the Constitution still provides that “with equal skills, all persons shall have the right, without any discrimination, to equal wages for equal work” and that the Government did not therefore take the opportunity of the revision of the Constitution in May 2018 to amend this provision in order to reflect the concept of “work of equal value”. In this regard, the Committee refers to paragraphs 672 to 674 of its 2012 General Survey on the fundamental Conventions which explain the notion of work “of equal value” and to the Introductory Guide on Equal Pay, in particular its Part 4. The Committee thereforeonce again invites the Government to envisage the possibility of amending accordingly article 57 of the Constitution during a forthcoming constitutional revision.

Occupational segregation and remuneration gaps between men and women. Statistics. Further to its previous comment, the Committee notes that, according to the Government’s indications, there are no statistics on any potential inequality of treatment between men and women workers. In this regard, the Committee notes that the strategy for the implementation of the National Employment Policy 2018–22 confirmed the absence of reliable statistics, particularly on the mainstreaming of gender in employment promotion programmes. The document also indicates that, in order to be able to perform its duties effectively, the Burundi Employment and Labour Office (OBEM) will need to establish a statistical database. The Committee recalls that one of the underlying factors behind the wage gap between women and men is generally occupational segregation (under which women are in a majority in certain jobs and occupations characterized by lower remuneration and occupational prospects) and that, in order to be able to determine the nature, extent and causes of any inequality of remuneration, it is essential to have available appropriate data, and particularly statistical data. The Committee therefore once again requests the Government to provide statistics on the distribution of men and women in the various sectors, including the public sector, and on the corresponding remuneration, as soon as such data is available. The Committee recalls that the Government may avail itself of ILO technical assistance for this purpose.

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