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

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations communicated on 26 September 2014 by the Trade Union Confederation of Burundi (COSYBU) that reiterate its previous observations, according to which, as the Committee requests, section 73 of the Labour Code should be amended so as to reflect fully the principle of the Convention.

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that according to article 57 of the Constitution, “for equal qualifications, all persons, without discrimination, have a right to an equal wage for equal work” and that section 73 of the Labour Code provides that “in equal conditions of work, occupational qualification and output, the wage shall be equal for all workers, whatever their origin, sex, age”. For several years the Committee has stressed that these provisions do not give effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. It recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. It is essential to combating gender-based occupational segregation (which characterizes the labour market of almost all countries), since it allows for a broad comparison and includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work and also encompasses work that is of an entirely different nature but nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee also recalls that in its report for 2007, the Government indicated that there were no obstacles to incorporating the principle of the Convention into the national legislation. The Committee again asks the Government to take the necessary steps to ensure that article 57 of the Constitution and section 73 of the Labour Code are amended to align them with the Convention and to give full effect to the principle of equal remuneration for men and women for work of equal value, as set out in Article 1(b) of the Convention. The Government is asked to provide information on any measures taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.