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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:
Work of equal value. The Committee recalls that, while sections 14 and 87 of the Labour Proclamation prohibit discrimination based on sex in respect of remuneration, these provisions do not specify that equal remuneration is required for men and women performing work of equal value, as envisaged under the Convention. The Committee, therefore, requested the Government to indicate whether and how the legislation guarantees equal remuneration for men and women for work of equal value. In reply, the Government states that a woman who is discriminated against in respect of remuneration can lodge a complaint with the labour inspection service. However, the Government has not yet indicated whether and how the legislation provides for equal remuneration for work of equal value. In this context, the Committee draws the Government’s attention to its 2006 general observation in which it stressed that the concept of work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value, i.e. equal remuneration for men and women for equal or the same work, but also equal remuneration for work that is different, but nevertheless of equal value. The Committee asks the Government to state whether under the Labour Proclamation equal remuneration is claimed in cases where men and women perform different work, which is nevertheless of equal value, and to indicate whether consideration is being given to including the principle of equal remuneration for men and women for work of equal value in the legislation. In addition, the Committee asks the Government to provide information on any equal remuneration cases dealt with by the labour inspectorate or the courts, indicating the underlying facts and outcomes of the cases.
Civil service. The Committee notes the Government’s indication that salaries for public service employees are based on the requirements of the work to be performed. However, the Government has not yet provided information on how the level of remuneration for the different categories and posts is established and how the principle of equal remuneration for men and women for work of equal value, as explained above, is taken into account. The Committee is, therefore, bound to reiterate its request to the Government to provide this information in its next report. Please also state whether the Civil Service Commission has received any equal remuneration complaints.
Collective bargaining. The Committee notes the Government’s statement that under Ethiopian labour law any matter relating to working conditions could be subject to collective bargaining, including equal remuneration for work of equal value. The Committee asks the Government to provide information on or examples of collective agreements that provide for the principle of equal remuneration for men and women for work of equal value.
Objective job evaluation. The Committee notes that the Government has not replied to the Committee’s previous comments on this matter. The Committee, therefore, reiterates its request for information on the measures taken to promote the use of objective job evaluation methods.
Promotional measures. As indicated in its 2006 general observation, difficulties in applying the principle of the Convention in law and in practice often result from a lack of understanding of the scope and implications of the principle of equal remuneration for men and women for work of equal value. The Committee, therefore, asks the Government, in cooperation with workers’ and employers’ organizations, to promote training and awareness raising of the Convention’s principle among public officials, workers and employers and other relevant target groups, and to indicate any steps taken in this regard.
Statistical information. The Committee asks the Government to provide updated statistical information on the earnings of men and women in the private and public sectors.
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:
Definition of remuneration. The Committee notes the Government’s explanation to the effect that the term “remuneration” in section 14(1)(b) of Labour Proclamation No. 277/2003 was meant to cover all elements of remuneration as defined in Article 1(a) of the Convention while the term “wage” in section 53 was narrower as its purpose was to define the basis of the calculation of the amount of severance pay.
1. Definition of remuneration. The Committee notes the Government’s explanation to the effect that the term “remuneration” in section 14(1)(b) of Labour Proclamation No. 277/2003 was meant to cover all elements of remuneration as defined in Article 1(a) of the Convention while the term “wage” in section 53 was narrower as its purpose was to define the basis of the calculation of the amount of severance pay.
2. Work of equal value. The Committee recalls that, while sections 14 and 87 of the Labour Proclamation prohibit discrimination based on sex in respect of remuneration, these provisions do not specify that equal remuneration is required for men and women performing work of equal value, as envisaged under the Convention. The Committee, therefore, requested the Government to indicate whether and how the legislation guarantees equal remuneration for men and women for work of equal value. In reply, the Government states that a woman who is discriminated against in respect of remuneration can lodge a complaint with the labour inspection service. However, the Government has not yet indicated whether and how the legislation provides for equal remuneration for work of equal value. In this context, the Committee draws the Government’s attention to its 2006 general observation in which it stressed that the concept of work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value, i.e. equal remuneration for men and women for equal or the same work, but also equal remuneration for work that is different, but nevertheless of equal value. The Committee asks the Government to state whether under the Labour Proclamation equal remuneration is claimed in cases where men and women perform different work, which is nevertheless of equal value, and to indicate whether consideration is being given to including the principle of equal remuneration for men and women for work of equal value in the legislation. In addition, the Committee asks the Government to provide information on any equal remuneration cases dealt with by the labour inspectorate or the courts, indicating the underlying facts and outcomes of the cases.
3. Civil service. The Committee notes the Government’s indication that salaries for public service employees are based on the requirements of the work to be performed. However, the Government has not yet provided information on how the level of remuneration for the different categories and posts is established and how the principle of equal remuneration for men and women for work of equal value, as explained above, is taken into account. The Committee is, therefore, bound to reiterate its request to the Government to provide this information in its next report. Please also state whether the Civil Service Commission has received any equal remuneration complaints.
4. Collective bargaining. The Committee notes the Government’s statement that under Ethiopian labour law any matter relating to working conditions could be subject to collective bargaining, including equal remuneration for work of equal value. The Committee asks the Government to provide information on or examples of collective agreements that provide for the principle of equal remuneration for men and women for work of equal value.
5. Objective job evaluation. The Committee notes that the Government has not replied to the Committee’s previous comments on this matter. The Committee, therefore, reiterates its request for information on the measures taken to promote the use of objective job evaluation methods.
6. Promotional measures. As indicated in its 2006 general observation, difficulties in applying the principle of the Convention in law and in practice often result from a lack of understanding of the scope and implications of the principle of equal remuneration for men and women for work of equal value. The Committee, therefore, asks the Government, in cooperation with workers’ and employers’ organizations, to promote training and awareness raising of the Convention’s principle among public officials, workers and employers and other relevant target groups, and to indicate any steps taken in this regard.
7. Statistical information. The Committee asks the Government to provide updated statistical information on the earnings of men and women in the private and public sectors.
1. The Committee notes the information in the Government’s report, which replies to some of the matters raised in the Committee’s previous direct request. It notes that the Labour Proclamation No. 42/1993 has been amended and reissued as Labour Proclamation No. 377/2003, but that the provisions applying the Convention, in particular sections 14 and 87, have not been amended. The Committee also notes the additional explanations provided by the Government regarding the role of labour inspectors in the implementation of the Convention and that the Ombudsperson and the National Human Rights Commission have not yet dealt with equal remuneration issues.
2. Further, the Committee notes the Government’s statement that, while the Convention’s principle was recognized in the country, there was a lack of technical know-how to implement it. In this regard, the Committee notes the Government’s request for ILO technical cooperation to build up the necessary capacity of the bodies concerned and to establish sex-disaggregated statistical data on earnings. Recalling that promotion of technical knowledge on the meaning, scope and implications of the Convention’s principles and requirements, and the collection and analysis of sex-disaggregated earnings data are essential to move forward in its application, the Committee hopes that such technical cooperation could be carried out in the near future. In the meantime, the Committee asks the Government to make every effort to:
(a) ensure that the labour inspection service monitor application of the principle of equal remuneration for men and women workers for work of equal value and to inform the Committee on the activities undertaken to this end;
(b) raise awareness of the Convention’s requirements among the competent authorities and workers and employers, in cooperation with their respective organizations, and provide information on the specific steps taken in this regard, and any results achieved.
3. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that sections 14 and 87 of the Labour Proclamation use the terms "payment" "remuneration" and "discrimination" without defining them, while the definition of "wage" contained in section 53 is considerably narrower than that of "remuneration" as defined in Article 1(a) of the Convention. The Committee also recalls that the Federal Civil Service Proclamation provides that all "positions should have equal base salary." In this regard, the Committee reiterates its request to the Government to:
(a) clarify whether the terms "remuneration" and "payment" referred to in sections 14 and 87 of the Labour Proclamation are meant to cover the basic wage and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment (Article 1(a));
(b) indicate whether and how the Labour Proclamation guarantees equal remuneration for men and women workers performing work of equal value (concerning the scope of this principle see General Survey, 1986, paragraphs 19-23);
(c) provide information on how the Convention is applied in respect to those workers excluded from the scope of application of the Labour Proclamation under section 3(2); and
(d) clarify, in respect of the federal civil service, how it ensures the principle of equal remuneration is applied not only with respect to the base salary, but also with respect to all aspects of remuneration received by public employees.
4. Article 2. The Committee once again requests information as to any commitments or programmes pursuant either to the National Policy for Ethiopian Women or the National Employment Policy, relating to promoting or ensuring equal remuneration between men and women for work of equal value.
5. Civil service. With regard to the application of the Convention in the civil service, the Committee reiterates its request for: (1) information on the methodology employed by the Federal Civil Service Commission for fixing salaries for public service employees, as well as for any studies or reviews of such salaries in so far as they raise issues of equal remuneration; and (2) any decisions of the Commission with respect to complaints relating to equal pay.
6. Collective bargaining. The Committee asks the Government to indicate the manner in which the principle of equal remuneration for work of equal value is included in practice in the process and agreements of collective bargaining and to provide examples of such collective bargaining agreements.
7. Article 3. Objective job evaluation. While noting the Government’s statement that the work performed was the central consideration in the determination of wages, the Committee recalls that the Convention envisages use of objective evaluation methods as an important tool to ensure that men and women do not only receive equal wages when performing the same or identical jobs, but also when engaging in work of equal value. Please provide information on any steps taken to promote the use of objective job evaluation methods.
The Committee notes the information in the Government’s first report and the attached documentation. It asks the Government to provide additional information on the following points.
1. Article 1 of the Convention. The Committee notes that section 6 of Proclamation No. 262/2002 provides, as to public sector employees, that "all positions of equal value shall have equal base salary". The Committee asks the Government to provide specific information about how the Federal Civil Service Commission is acting to ensure that the principle of equal remuneration is being respected between men and women, not only with respect to base salary, but with respect to all aspects of remuneration received by public employees.
2. The Committee notes the provisions in both the Constitution (articles 35 and 42) and in Proclamation No. 42/1993 (sections 14 and 87(1)) that enshrine principles of equal remuneration as between men and women regarding work in the private sector. However, the Committee also notes that important terms, including "pay", "remuneration" and "discrimination" remain undefined in these instruments, while the definition of "wages" in Proclamation No. 42/1993 is considerably narrower than the definition of "remuneration" provided in the Convention. Accordingly, the Committee asks the Government to clarify whether, in fact, the Constitution and the Proclamation guarantee equal remuneration for work of equal value, as between men and women, as to basic wages as well as regarding any additional emoluments whatsoever, for private sector work. It also asks how equal pay for work of equal value is required in the private sector.
3. The Committee notes that Proclamation No. 42/1993 excludes from its coverage workers under contract to provide education, upbringing, treatment, care or rehabilitation, as well as self-employed persons, and asks the Government what protections exist for men and women workers in these categories to ensure that they receive equal remuneration for work of equal value.
4. The Committee notes with interest that section 3 of article 35 of the Constitution recognizes the "historical legacy of inequality and discrimination suffered by women in Ethiopia" and that it envisages that affirmative measures will be taken to rectify that legacy. It would be grateful if the Government would provide information regarding any programmes or measures, under the auspices of this article, that are specifically directed to narrowing any wage gaps between men and women or to otherwise promoting the goal of equal remuneration as between women and men for work of equal value. The Committee also requests information as to any commitments or programmes pursuant either to the National Policy for Ethiopian Women or the National Employment Policy, relating to promoting or ensuring equal remuneration as between men and women for work of equal value.
5. Article 2. The Committee notes that the Federal Civil Service Commission is likewise responsible for ensuring compliance with the principle of equal remuneration in public sector employment. Regarding the Commission’s activities, the Committee requests from the Government: (1) information on the methodology employed by the Federal Civil Service Commission for fixing salaries for public service employees, as well as for any studies or reviews of such salaries in so far as they raise issues of equal remuneration; (2) any directives issued by the Commission intended to reinforce article 35 of the Constitution; and (3) any decisions of the Commission with respect to complaints relating to equal pay.
6. The Committee notes the Government’s assertion that collective agreements are a principal means of incorporating the principle of equal remuneration. It asks the Government to indicate the manner in which the principle of equal remuneration for work of equal value is included in practice in the process and agreements of collective bargaining and to provide examples of such collective bargaining agreements.
7. Article 3. The Committee notes the Government’s explanation that the objective appraisal of jobs based on the work performed is exclusively left to individual enterprises, as part of the management of their business, and that the principal means by which such appraisal takes place is by means of collective bargaining. The Committee asks the Government for details on such appraisals, both as to methodology and as to outcome, in the collective bargaining process. In addition, the Committee also asks the Government for any information available as to whether such appraisals take place, and, if so, how in the context of non-unionized enterprises.
8. Article 4. Noting that Article 4 contemplates cooperation between the social partners and the Government for the purpose of giving effect to the Convention, the Committee asks the Government how it promotes implementation of the Convention among these groups, for example, by developing pertinent oversight mechanisms, training programmes, information campaigns, or other appropriate strategies.
9. Parts III and IV of the report form. The Committee notes that the Labour Inspection Service has the duty of ensuring the implementation of the equal pay requirements of Proclamation No. 42/1993. It asks the Government to provide specific information regarding the Service’s efforts in this regard, including any decisions concerning non-compliance with equal remuneration provisions. Please also provide information on the activities of the National Commission on Human Rights or the Ombudsman on issues of equal remuneration.
10. Part V of the report form. The Committee hopes the Government will work towards compiling statistical information on earnings, disaggregated by sex, in accordance with the general observation issued by the Committee in 1998 (attached for easy reference) and that it will be in a position to report the statistical information collected with its next report.