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

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

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

Article 1 of the Convention. Scope of application. Private sector and public service. In its report, the Government informs the Committee of the adoption of Act No. 1/11 of 24 November 2020 revising the Labour Code of Burundi and Act No. 1/03 of 8 February 2023 amending the General Regulations governing public employees. The Committee notes that, under the terms of the last paragraph of section 2 of the Labour Code, agricultural, stock-rearing, commercial and industrial family workers are excluded from the scope of application of the Labour Code and that, under section 3 of the General Regulations governing public employees, the Regulations do not apply to persons engaged in public jobs subject to specific legal regimes. The Committee recalls that no exclusions are permitted from the Convention and that it applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and private sectors (see the General Survey of 2012 on the fundamental Conventions, paragraph 658). The Committee therefore requests the Government to indicate how the categories of workers that are excluded from the scope of application of the Labour Code and the General Regulations governing public employees are specifically protected against inequality of remuneration for men and women for work of equal value and, in the absence of any applicable text, to indicate whether it is envisaged to adopt legislation covering these specific categories of workers.

Article 2. Minimum wages. With reference to the establishment of a system of minimum wages, the Government indicates that draft regulations on the minimum guaranteed inter-occupational wage (SMIG), which take into account the principle of equal remuneration, are under preparation. The Committee requests the Government to provide information on any progress achieved in the adoption of the regulations on the minimum wage.

Article 3. Objective job evaluation and classification. The Committee notes that, according to the Government’s indications provided in reply to its previous comment, the methods applied to undertake the objective evaluation of the jobs of State employees and employees in the para-State sector on the basis of the work performed are founded on three elements: (1) the classification of jobs (which is carried out without taking sex into consideration, as it is established as a function of the level of training required, the complexity and technical level of the job, contextual factors and the level of independence required); (2) the rating of jobs (which is established without taking into account any direct or indirect discriminatory elements); and (3) the indexed component (which is a function of the qualifications and seniority of the employee). The Committee recalls that the use of appropriate methods for the objective evaluation of jobs to determine their value generally requires a comparison of four key factors, namely the required skills and qualifications, effort, responsibilities and working conditions. It further notes that the Government does not refer to the use of objective job evaluation methods in the private sector and that the COSYBU confirms that no measures have been taken to encourage such evaluation. Finally, the Committee emphasizes that direct and indirect sexist distortions can slip into all stages of the process of evaluation (the selection of factors for comparison, the weighting of such factors and the actual comparison carried out), affect the final outcome and result in the undervaluation of jobs that are generally occupied by women. The Committee requests the Government to: (i) indicate the extent to which the three factors identified by the Government to measure the value of jobs in the public service cover the four factors generally included in job evaluation exercises; and (ii) provide information on any measures adopted or envisaged, within or outside the context of collective bargaining, to promote the objective evaluation of jobs in the private sector. The Committee also reminds the Government that it may avail itself of ILO technical assistance for this purpose.

Article 4. Collaboration with employers’ and workers’ organizations. The Committee notes the reference by the COSYBU on several occasions in its observations to the fact that the Government does not keep it informed of the measures taken to give effect to the Convention and does not associate it with these measures. The COSYBU adds that the Government has not really negotiated with it the equitable wage policy applicable in the public sector and that it has refused to engage in consultations and negotiations on the wage policy applicable in the private sector. The Committee requests the Government to provide its comments on this subject.

Enforcement. Awareness raising. The Committee notes that, according to the information provided by the Government in reply to its previous comments, the courts have not handed down any decisions on matters of principle concerning the application of the Convention, and that the work of the labour inspection services has not up to now been the subject of an annual report. On this latter point, the Committee refers the Government to the comment that it is making on Articles 20 and 21 of the Labour Inspection Convention, 1947 (No. 81), in which it requests it to take the necessary measures for the publication by the central authority of an annual report on the work of the labour inspection services. The Committee also notes that the Government has not provided information on any awareness-raising activities relating specifically to the principle of equal remuneration for work of equal “value”. The Committee requests the Government to provide information on any measures adopted or envisaged to improve understanding and acceptance of the principle of equal remuneration for men and women for work of equal “value” and to reinforce the resources available to the competent authorities, and particularly magistrates, labour inspectors and other public officials, to identify and deal with cases of discrimination and unequal remuneration, for example through training targeted at equal remuneration issues. The Committee once again requests the Government to provide information, where appropriate, on the nature and number of complaints received by the labour inspection services and any decisions handed down by the courts in this field.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), which were received on 26 November 2015.

Article 2 of the Convention. Minimum wages. The Committee recalls that a uniform national system of minimum wages contributes to increasing the income of the lowest-paid workers and that women often predominate in low-waged jobs. The establishment of a minimum wage system therefore has an impact on the link between men’s and women’s wages and also on reducing the gender pay gap. In this regard, the Committee refers to its comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), in which it requests the Government to “take all necessary measures in order to reactivate the minimum wage-fixing process in full consultation with the social partners and proceed to the readjustment of the inter-occupational guaranteed minimum wage”. Recalling that the fixing of minimum wages can make an important contribution to the application of the Convention, the Committee requests the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation and classification. The Committee notes that the COSYBU indicates in its observations that when wages are fixed, occupations are not subjected to any comparison, and the social partners are not associated with the study on the classification of jobs that is currently in progress as part of the national administrative reform policy. The COSYBU also notes the Government’s indication in its report that a national wage policy is being formulated and that it provides for a classification of jobs. The Committee recalls that job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. There are different methods of job evaluation. Such methods analyse and classify jobs on the basis of objective factors such as skills/qualifications, effort, responsibilities and working conditions. Objective job evaluation is concerned with evaluating the job and not the individual worker. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraphs 695–709). The Committee requests the Government to take the necessary steps to ensure, in collaboration with the social partners, that the method of job evaluation and classification used when preparing the classification of jobs in the context of the future wage policy is free from gender bias, that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that they do not result in jobs generally occupied by women being undervalued. The Committee requests the Government to provide information on progress made regarding the formulation of the wage policy and the classification of jobs, and on the results achieved.

Awareness raising. In view of the lack of information on this point, the Committee requests the Government to provide information on the specific measures taken to increase understanding and acceptance of the principle of equal remuneration for men and women for work of equal value, including among workers’ and employers’ organizations.

Enforcement. The Committee notes the Government’s indication in its report that it is the labour inspectorate which deals with complaints on wage disparities. The Committee also notes that the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in its concluding observations, recommends that Burundi ensures that the labour inspection system is endowed with adequate and effective resources and focuses its efforts on the labour legislation, including the principle of equal remuneration for work of equal value (E/C.12/BDI/CO/1, 16 October 2015, paragraphs 25–26). The Committee requests the Government once again to provide information on the measures taken or envisaged to strengthen the resources of the labour inspectorate, for example through targeted training on equal pay issues. The Committee also requests the Government to supply information, if applicable, on the nature and number of complaints received by the labour inspectorate and on any related court decisions.

Statistics. The Committee asks the Government once again to provide statistical information on the earnings of men and women by branch of activity, occupation and position, in both the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the Trade Union Confederation of Burundi (COSYBU), which were received on 26 November 2015.

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that, under section 15(f) of the Labour Code, family allowances, benefits in kind, housing benefits, travel costs and other benefits are not considered as forming a part of wages or remuneration. It also recalls that, in order to ensure the application of the principle of equal remuneration for men and women for work of equal value, the definition of remuneration established by the Convention is to include all elements that workers may receive in exchange for their work and arising from their employment, regardless of whether the employer pays in cash or in kind and directly or indirectly. Noting the Government’s indication that it is in the process of revising the Labour Code, the Committee requests the Government to take this opportunity to extend the definition of “remuneration” to bring it into line with Article 1(a) of the Convention, in order to apply the principle of equal remuneration established by the Convention. The Committee requests the Government to provide information on all progress made in this respect.

Furthermore, the Committee previously pointed out 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. Noting that the Government’s report does not contain any information on this point, the Committee observes the Government’s indication, in its report to the United Nations Committee on the Elimination of Discrimination against Women, that a preliminary draft Code of Personal and Family Rights is under examination (CEDAW/C/BDI/5-6, 17 June 2015, paragraph 36). The Committee asks the Government to examine the possibility, as part of the review of the Code of Personal and Family Rights, of removing the obstacles to equality between men and women, particularly regarding the payment of employment-related benefits.

Article 1(b). Equal remuneration for work of equal value. Legislation. The Committee recalls that article 57 of the Constitution provides that “all persons with equal skills shall have the right, without discrimination, to equal wages for equal work” and section 73 of the Labour Code provides that “with equal conditions of work, vocational qualifications and performance, wages shall be equal for all workers, regardless of their origin, sex or age”. As the Committee has emphasized several times, these provisions do not give full effect to the principle of equal remuneration for work of equal value laid down in Article 1(b) of the Convention. In this regard, the Committee notes that COSYBU, in its observations, reiterates its previous observations to the effect that, as requested by the Committee, section 73 of the Labour Code should be amended to fully reflect the principle of the Convention. The Committee notes the Government’s indication that the Labour Code is being revised and that the social partners, including COSYBU, have drawn the attention of the committee responsible for proposing amendments to the fact that section 73 needs to be amended to incorporate the concept of work of equal value. In this regard, the Committee 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, 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 of an entirely different nature which is nevertheless of equal value. The Committee has previously found that referring in the law to factors such as “equal conditions of work, skill and output” can be used as a pretext for paying women lower wages than men (see the General Survey on the fundamental Conventions, 2012, paragraphs 672–675). Having raised this issue for many years, the Committee trusts that the Government will take the opportunity provided by the revision of the Labour Code to amend section 73 so as to incorporate the principle of equal remuneration for work of equal value. In addition, the Committee invites the Government to contemplate the possibility of amending article 57 of the Constitution when the Constitution is next revised in order to reflect the concept of “work of equal value”.

Occupational segregation and gender pay gaps. The Committee notes the Government’s indication in its report that remuneration is fixed according to the qualifications and post concerned and that a wage policy is being formulated which aims to resolve wage disparities by harmonizing aspects of gender, occupation, posts, grades and wages. It also notes the Government’s indication in the National Employment Policy 2015 that women have a major presence in low productivity jobs and underpaid posts and therefore have a minor presence in high-productivity occupations or professions, resulting in their income being lower than that of men. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations, expressed concern at inequality in the employment sphere and at significant wage gaps (E/C.12/BDI/CO/1, 16 October 2015, paragraph 19). The Committee requests the Government to take steps to combat occupational segregation between men and women, particularly the predominance of women in low-productivity or underpaid jobs, including by combating stereotypes regarding the roles of men and women and encouraging women to participate in initial or further training. It also requests the Government to provide statistics, disaggregated by sex, on the distribution of men and women in the various sectors of the economy, including the public sector, and on the corresponding levels of pay.

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

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

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee takes note of the observations of 26 September 2014 submitted by the Trade Union Confederation of Burundi (COSYBU) reiterating its observations of 30 August 2013, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the observations of 26 September 2014 submitted by the Trade Union Confederation of Burundi (COSYBU) reiterating its observations of 30 August 2013, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

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 comments.

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

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 recalls that it raised 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee takes note of the observations of 30 August 2013 submitted by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention, indicating that when wages are fixed, there is no comparison of occupations and the social partners have not been associated with the job classification study currently under way as part of the national policy on administrative reform. The Committee requests the Government to provide information on the matters raised by COSYBU.

The Committee once again notes with regret that the Government’s report has not been received. It hopes that a report will be submitted for examination by the Committee at its next session and that it will contain full information on the points raised in the previous direct request, which reads as follows:

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian Francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistics. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of 30 August 2013 submitted by the Trade Union Confederation of Burundi (COSYBU) on the application of the Convention, emphasizing, as has the Committee, that section 73 of the Labour Code needs to be amended so as to reflect fully the principle of the Convention. The Committee once more notes with regret that the Government’s report has not been received.

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 points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to 4,500 Burundian Francs (BIF)), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, BIF20,000 and BIF29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

The Committee is raising other points 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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 1(a) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

The Committee is raising other points 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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub-Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

The Committee is raising other points 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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub‑Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

The Committee is raising other points 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 very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(b) of the Convention. Application of the Convention’s principle to all aspects of remuneration. The Committee notes that the Government intends to bring the definition of remuneration contained in section 15(f) of the Labour Code, which currently excludes family benefits as well as advantages in kind and reimbursement of costs, into line with the Convention which requires that, for the purpose of ensuring equal remuneration for men and women, remuneration must be defined in the broadest possible terms, as set out in Article 1(b) of the Convention. The Committee asks the Government to provide information on the progress made in this regard.

The Committee previously noted that the designation of the husband as the head of the household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. In this regard, the Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of January 2008, recommended to the Government that section 122 of the Code of the Person and the Family which provides that the man is the head of the household be amended (CEDAW/C/BDI/CO/4, 1 February 2008, paragraph 12). The Committee asks the Government to provide information on the measures taken to ensure that family allowances are paid to men and women without discrimination, including through the amendment of section 122 of the Code of the Person and the Family and through the setting up of a family allowances system to which the Government refers in its report.

Article 2. Minimum wages. The Committee notes the Government’s indication that no progress has been made with regard to the setting of a minimum wage. Recalling that the setting of minimum wages can make an important contribution to the application of the Convention, the Committee asks the Government to continue to provide information on any further developments in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that in the private sector remuneration rates are set according to occupational groups regardless of the sex of the employees and that public sector wage scales do not distinguish between men and women. In this regard, the Committee draws the Government’s attention to the fact that, while ensuring that wage rates and categories apply to men and women without discrimination is important, it is, in itself, not sufficient to promote and ensure the full application of the principle of equal remuneration for work of equal value. As explained in the Committee’s 2006 general observation, occupational segregation according to sex in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the jobs predominantly performed by women with those predominantly performed by men, based on objective criteria that are free from gender bias. The Committee therefore asks the Government once again to indicate the measures taken to promote the use of objective job evaluation methods, as envisaged under Article 3 of the Convention, so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage-fixing or review process.

Informal economy. The Committee notes the 2007 report on the informal sector published by the Economic and Statistical Observatory of Sub‑Saharan Africa and the Institute of Statistics and Economic Studies of Burundi which was attached to the Government’s report. According to the report, women are highly concentrated in the clothing industry (where the average monthly wage amounts approximately to FBU4,500), while men are concentrated in transport and repairing services (where the average monthly wage is, respectively, FBU20,000 and FBU29,900). In addition, the report indicates that, even where women have the same qualifications as men, they receive lower remuneration than men. The Committee asks the Government to indicate the measures taken or envisaged to address pay discrimination in the informal economy, including through initiatives aimed at promoting girls’ access to education and vocational training as well as sensitization programmes to overcome the traditional stereotypes on the role of women in society.

Awareness raising. The Committee notes from the Government’s report that, in order to sensitize the public on the issue of equal remuneration, the Ministry of Labour is resorting to a weekly radio programme dedicated to labour themes. Sensitization programmes are also carried out by labour inspectors in the context of inspections. The Committee asks the Government to provide information on the specific measures taken to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and the cooperation sought in this regard from workers’ and employers’ organizations.

Enforcement. The Committee notes that the Government’s report has provided no information on the measures taken to enhance the capacity of labour inspectors to supervise the application of the Convention. However, it also notes that, in its comments on the application of the Convention received by the ILO in 2006, the Confederation of Trade Unions of Burundi (COSYBU) stresses that the principle of equal remuneration for work of equal value was not respected by all enterprises. The Committee therefore reiterates its request for information on the measures taken or envisaged to strengthen the ability of the labour inspectors through, for example, targeted training on equal pay issues. The Committee also invites the Government to supply information on the nature and number of complaints received by the labour inspectorate as well as on any relevant judicial decisions.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women by industry, occupation and position, both in the public and private sectors, as soon as such data becomes available.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that both article 57 of the Constitution and section 73 of the Labour Code provide for equal remuneration for equal work, which falls short of fully reflecting the principle of equal remuneration for work of equal value as set out in Article 1 of the Convention. In its report, the Government states that there is no obstacle to reflecting the principle of the Convention in the national legislation. Noting the Government’s willingness to bring article 57 of the Constitution and section 73 of the Labour Code into conformity with the Convention, the Committee hopes that the Government will take the necessary measures as soon as possible and to indicate in its next report the progress made in this regard.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report along with the information provided in response to the submission of the International Confederation of Free Trade Unions (ICFTU).

1. Article 1(a) of the Convention. With regard to articles 80 and 84 of the Social Security Code of 1999 and the payment of family allowances, the Committee notes from the Government’s report that the family allowance fund has not yet been established. Once in place, however, the Government indicates that disbursements will be given to men and women without distinction. In the meantime, the Committee asks the Government to indicate how it ensures that the practice of paying family allowances to the head of the household does not adversely affect women in the receipt of employment-related benefits such as allowances. The Committee also requests information regarding when the family allowance fund will be established and what steps have been taken in that regard.

2. Further to the previous point, the Committee recalls article 15(f) of the Labour Code which excludes from the definition of wage or remuneration family benefits as well as other advantages in kind and reimbursement of costs. It notes the Government’s statement in this regard that there is no sex-based discrimination under national law pertaining to the reimbursement of costs or other advantages. The Committee asks the Government to indicate how it ensures that no discrimination on the grounds of sex is committed in practice with regard to other advantages and reimbursement of costs, and whether it has any intention of amending the legislation to bring the definition of remuneration into conformity with Article 1(a) of the Convention.

3. Article 1(b). The Committee notes the adoption of the new Constitution (approved by referendum in February 2005) and in particular article 57 which states that equally competent persons have the right to equal pay for equal work, without discrimination. Recalling its previous comment on article 73 of the Labour Code, the Committee notes the Government’s statement that it has not evaluated its national legislation in light of Convention No. 100. Noting that neither article 57 of the Constitution, nor article 73 of the Labour Code are in conformity with the principle of equal remuneration as set out in Article 1(b) of the Convention, the Committee again urges the Government to incorporate fully the principle of equal remuneration into law, not only for equal or the same work but also for work of equal value, and to report on any such changes.

4. Equal remuneration in the public service. The Committee notes the adoption of Act No. 1/28 of 23 August 2006 regarding the general status of public servants. It notes that article 6(1) guarantees every civil servant equal opportunity and treatment – including with regard to remuneration – without discrimination on the basis of sex. Chapter 5 of the Act sets out the rules covering remuneration, bonuses and allowances, stating in article 42(4) that public servants of the same grade and step shall receive the same base salary. Noting that the principle of equal remuneration for work of equal value is not explicitly reproduced in the Act, the Committee asks the Government to indicate how it is ensured in practice in the public service. In this respect, the Committee again asks the Government to collect and transmit detailed statistical information on the composition of the public service including the number of men and women employed in the various grades and steps, with an indication of their corresponding posts and salaries. Please also forward the current wage scales in effect for the public service and indicate whether any objective job evaluation or gender analysis was undertaken in their preparation.

5. Further to the previous point, the Committee recalls the Government’s indication that education is the only criterion used in the classification of posts and the determination of grades. While noting the positive developments with regard to women in positions of responsibility in government institutions, the Committee reminds the Government that, although the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. It draws the Government’s attention in this regard to the tables prepared by the Forum for African Women Educationalists (FAWE) showing the low school enrolment rates of girls as compared to boys. It also notes the ICFTU’s allegation that women are disproportionately under-represented in senior positions and that women in rural areas have less access to education than men. In response, the Government indicates that the sectoral policy of the Ministry of National Education currently being implemented is working to achieve equal enrolment of boys and girls. The Committee asks the Government to provide information on how it ensures that the current inequalities in educational opportunities between men and women do not adversely affect equal remuneration in the public sector or access to positions of seniority given that education is the sole criterion used in job evaluation.

6. Article 2. Determination of wages in the private sector. The Committee notes the Government’s indication that there has been no progress made in the adoption of agreements setting minimum wages at the sectoral level. Recalling the Government’s statement that Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that the social partners also consider it necessary to update the provisions of the Order, the Government is asked to keep the Committee informed on any progress in this respect. The Committee also looks forward to receiving the information on minimum wages paid by each enterprise referred to in the Government’s report. Please also provide statistics where possible for the private sector on the salaries and level of responsibility of men and women for all the sectors of the economy and in all categories of employment.

7. Article 3. Objective appraisal of jobs. The Committee reminds the Government that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt an objective technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. In this regard, it recalls the importance for both the Government and the Committee to have information on the positions and wages of men and women in all categories of employment, both between the sectors of economic activity and within them, in order to assess the application of the Convention. The Committee again asks the Government to indicate what methods have been adopted to promote an objective evaluation of jobs on the basis of the work to be performed so as to ensure that the principle of equal remuneration for men and women for work of equal value is reflected in any wage fixing or review process.

8. Parts III and IV of the report form. The Government reports that, although the labour inspectorate is responsible for ensuring respect for the principle of equal remuneration, it lacks adequate resources to monitor the situation. The Government further adds that there have been no equal pay complaints lodged with the inspectorate. The Committee reminds the Government that a lack of complaints does not necessarily indicate that pay inequality does not exist in practice. It therefore asks what measures the Government is taking to raise public awareness about the issue of equal remuneration for work of equal value and to sensitize workers to the availability of a complaints mechanism. Taking into account the limited resources available to the labour inspectorate, the Committee asks the Government to indicate what measures it is considering or implementing to strengthen the supervision of equal remuneration for work of equal value through, for example, targeted training for labour inspectors or the greater involvement of workers and employers in the inspection process. Please also continue to provide information on the work of the labour inspectorate concerning the principle of equal remuneration along with the nature and number of complaints received and any action taken as a result.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

1. The Committee notes the information provided by the Government in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) dated 23 March 2003. It will examine this information at its next session.

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to 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, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information provided by the Government in reply to the observations of the International Confederation of Free Trade Unions (ICFTU) dated 23 March 2003. It will examine this information at its next session. 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:

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to 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, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the comments from the International Confederation of Free Trade Unions (ICFTU) dated 26 March 2003, alleging that discrimination persists despite its prohibition in the Constitution and that equal remuneration is mandated by law but not obtained in practice. They further point out that women face particular discrimination with regard to their access to senior positions and in education. The ICFTU comments have been sent to the Government for its observations thereon and the Committee will examine them, together with the Government’s reply at its next session.

2. Article 1(a). With respect to its previous comments concerning the limited scope of the definition of remuneration in section 15(f) of the 1993 Labour Code, which excludes family benefits as well as other advantages in kind and reimbursement of costs, the Committee notes the Government’s statement that family allowances are paid to the head of the household and to the wife if the husband does not work. The Government also adds that pursuant to sections 80 and 84 of the Social Security Code of 1999, these allowances will by paid through a social security regime as soon as the Family Allowance Fund is put in place. The Committee wishes to point out that the designation of the husband as the head of household can have an adverse impact on women in relation to the receipt of employment-related benefits, such as allowances. The Committee therefore hopes that, in order to bring the law and practice into greater conformity with the Convention, the new Family Allowances Fund, once in place, will grant equal entitlement to men and women to receive family allowances, rather than starting from the principle that they should systematically be paid to the husband, and only in exceptional cases to the wife. It also asks the Government to indicate how it ensures that no discrimination on the ground of sex is committed with regard to other advantages and reimbursement of costs, and whether it has any intention to amend its legislation to bring it into greater conformity with the Convention.

3. Article 1(b). With reference to its previous comments concerning article 26 of the Constitution and section 73 of the Labour Code, which set forth the principle of equal remuneration for equal work, the Committee notes the Government’s statement that the formulation of section 73 of the Labour Code could be revised in line with the provisions of the Convention. It urges the Government to amend the said legislation, incorporating the principle of equal remuneration not only for identical work but also for different work of equal value, and to report on any such changes.

4. Article 2. With regard to the application of the Convention in the public service, the Committee notes the Government’s indication that the level of education is the only criterion used for the classification of posts and the determination of grades and steps. The Government further indicates that if the public service does not take into account the principle of the Convention, this should be rectified, although the problem does not exist in practice. The Committee wishes to point out that while the level of education may appear to be a neutral factor, it may in practice be applied differently between men and women. In this regard, it refers to the ICFTU’s allegation that women face discrimination in education. Also, wage classification structures which are not based on objective job evaluations may play a part in inequalities in remuneration between men and women. The Committee therefore asks the Government to provide information on the number of men and women employed in the various grades and steps in the public service, with an indication of the posts corresponding to these steps and grades as well as their corresponding salaries.

5. Article 3. With reference to its previous comments concerning the existence of objective job evaluation methods and the need for specific information on the progress of the application of the Convention, the Committee notes the Government’s statement that there does not yet exist such an objective job evaluation method nor any statistical data that allow this to happen. The Committee wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee asks the Government to indicate the measures taken to ensure that the objective of equal remuneration for men and women for work of equal value is achieved in any wage fixing or review process, such as, for example, through the undertaking of a gender analysis.

6. Further to the above, the Committee also draws the attention of the Government to the need for both the Government and the Committee to 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, in order to assess adequately the situation in regard to the application of the Convention. The Committee hopes that the Government will be in a position to provide more complete information in this regard.

7. The Committee notes the Government’s statement that the Ministerial Order No. 650/11 of 30 April 1988 is considered outdated and that for that reason employers pay wages beyond the statutory minimum wages. It further notes that the social partners also consider it necessary to update the provisions of the Order. Noting that no national employment agreements setting minimum wages have yet been adopted per sector pursuant to the inter-occupational agreement of 3 April 1980, the Committee asks the Government to continue to provide information of any progress made in the adoption of agreements setting minimum wages at sector level and to provide information on the wages paid beyond the minimum wage to men and women in the sectors covered by the 1988 Order. Please also indicate the manner in which cooperation with the employers’ and the workers’ organizations is effected for other aspects of application of the Convention.

8. The Committee notes the statement by the Government that no equal pay violation has been noted by the labour inspectorate and that no complaint has been lodged by employees to the Labour Tribunal. The Government is requested to continue to supply information on the supervision effected by the labour inspection services, particularly on the nature and number of violations and complaints noted and any action taken in respect of them.

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

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.