Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee notes the information supplied by the Government in its first report on the application of the Convention. It asks the Government to supply details in its next report on the following points.

1.  Article 1(a) of the Convention.  The Committee notes that the scope of the definition of remuneration in section 15(f) of the 1993 Labour Code seems more restricted than that of the Convention, which is couched in the broadest possible terms so as to ensure that equality will not be limited to the basic or ordinary wage or salary, nor restricted in any way whatsoever by terminological distinctions. Remuneration as defined in the Burundi Labour Code excludes family benefits as well as other advantages in kind and reimbursement of costs. The Committee asks the Government to indicate the methods by which it guarantees that no discrimination on the ground of sex is committed concerning payment of these advantages.

2.  Article 1(b).  The Committee notes article 36 of the Constitution and section 73 of the Labour Code which set forth the principle of equal remuneration for equal work. It notes that the principle thus laid down in these two instruments seems to have a more restricted scope than in the Convention which makes the comparison on the basis of the value of the work, not simply comparing identical or similar work. The Committee asks the Government to indicate whether it envisages amending or supplementing its legislation in order to incorporate the principle of equality of remuneration, not only for identical work but also for different work of comparable value, which could be done by setting up machinery for objective evaluation of work.

3.  Article 2.  The Committee notes that remuneration of civil servants is determined as a function of their grade and step (section 95 of Legislative Decree No. 1/009 of June 1998). It asks the Government to indicate the criteria which are used for classification of posts and determination of their grade and step in the civil service. It also asks the Government to indicate how application of the principle of the Convention is ensured in the civil service, given that Legislative Decree No. 1/009 contains no provisions prohibiting discrimination on the ground of sex. For workers governed by the Labour Code, wages are fixed freely by bargaining between employers and workers (section 74 of the Labour Code, 1993). Under Article 2 of the Convention, a State having ratified the Convention has an obligation to promote application of the Convention when it does not intervene in determining wages. The Committee asks the Government to supply in its future reports information on the measures taken or envisaged to promote application of the principle of equal remuneration for work of equal value in the undertakings covered by the Labour Code.

4.  Article 3.  The Committee asks the Government to indicate whether objective evaluation methods for jobs existing in the country are used in Burundi and, if so, which. The Committee also asks the Government to provide in its future reports specific information on the progress of application of the Convention in the country. In fact, in order to assess adequately the situation in regard to application of the Convention and the nature, extent and causes of wage differences between men and women, as well as progress made in application of the principle of the Convention, it is essential that both the Government and the Committee have specific information, in particular statistical data on the positions and wages of men and women in all categories of employment, both between the economic activity sectors and within them.

5.  Article 4.  The Committee notes the Government’s indication to the effect that fixing of the guaranteed inter-occupational minimum wage (SMIG) is achieved in consultation with employers’ and workers’ organizations and that, by virtue of the national inter-occupational collective labour Agreement of 3 April 1980, minimum wage rates are fixed by category and by step, by national, regional or local labour agreements or by enterprise agreements. The most recent Ministerial Order adopted on the subject is No. 650/11 of 30 April 1988. The Committee asks the Government to indicate which workers are covered by the SMIG and to send it copies of the national employment agreements setting minimum wages by sector. It also asks it to indicate the manner in which cooperation with employers’ and workers’ organizations is effected for other aspects of application of the Convention.

6.  Parts III and V of the report form.  The Committee notes the Government’s statement to the effect that no violation has been noted and no complaint lodged concerning application of the Convention. It asks the Government to continue to supply information on the supervision effected by the labour inspection services, particularly on the number and nature of violations noted and any action taken in respect of them.