Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Guinea-Bissau (Ratificación : 1977)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes the information in the Government’s report that section 12(d) of the new Labour Code, or Act No. 7/2022, provides for pay equity and equal pay for “all equal work of equal value” without any kind of discrimination. Women in particular should enjoy working conditions that are not inferior to those of men, and equal pay for work of equal value. In addition, it notes that section 168 of the Code stipulates that, in determining the wage level, the amount, nature and quality of the work must be taken into account, in respect of the principle of equal pay for work of equal value. The Committee notes that the wording of section 12(d) is not clear: it seems that the connector “and” is missing (for all equal work and work of equal value). In this regard, the Committee recalls that the Convention enshrines the principle of equal pay between men and women for work of equal value, a concept that is broader than the principle of “equal pay for equal work”. The concept of equal “value” as set out in the Convention permits a broad scope of comparison, including “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. This is crucial for the full application of the Convention as, in practice, men and women are often not engaged in the same jobs (see the 2012 General Survey on the fundamental Conventions, paragraphs 673, 675 and 698). With regard to the assessment factors set out in section 168 of the Labour Code to determine the value of jobs (the amount, nature and quality of the work), the Committee notes that: (1) they do not include the four basic factors generally set out to determine a non-sexist assessment method, namely qualifications, efforts, responsibilities and working conditions; and (2) the factors set out in section 168 are related rather to an assessment of the performance of an individual worker. The Committee underlines that the “performance appraisal of the individual worker” and the “objective job evaluation” are two different exercises: in the context of an objective job evaluation, it is the job that is evaluated (the value of each of the tasks to be performed is weighed up) and not the way in which a worker performs his or her tasks. The objective job evaluation ensures that wages are determined without gender bias (for example, without undervaluing skills considered to be “female” compared to those considered to be “male”) (see the 2012 General Survey, paragraphs 696 and 700 to 703; and Equal Pay – An introductory guide page 30). The Committee urges the Government to: (i) clarify the wording of section 12(d) of the new Labour Code to give full effect to the principle of the Convention of equal pay between men and women for work of equal “value”; and (ii) ensure that the factors set out by section 168 to determine the value of jobs permits an assessment of the work on the basis of the tasks to be performed and not the worker’s performance. The Committee requests the Government to keep it informed of any progress made in this regard and to communicate a copy of the new Public Servants Statute, the latest information on which was that it was awaiting promulgation.

Article 2. Promotion of gender equality. Addressing the gender pay gap. The Committee notes the information provided by the Government on the situation of women in employment and occupation and refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) for further details. It notes that, according to the results of the Employment and Informal Sector Survey (2017–2018), the average hourly wage for employees was 2,178 CFA francs BCEAO, and significantly lower for women (1,410 CFA francs) than for men (2,487 CFA francs); and that the United Nations Sustainable Development Cooperation Framework for Guinea-Bissau 2022–2026 includes in its priorities to “support the mainstreaming of gender equality concerns in all actions, with a gender, age, and diversity perspective and a lifecycle approach through the promotion of full, meaningful and effective participation and representation of women”, and their empowerment at all levels of economic and commercial activity. According to the framework, wage employment is largely a domain for men and mostly concentrated in the services sector in the capital. In addition, women’s employment is generally concentrated in low-productivity jobs, with women often bearing the disproportionate burden of unpaid care work. While acknowledging the difficulties confronting the country, the Committee requests the Government to provide detailed information on the specific measures taken or envisaged to address the gender pay gap and its underlying causes, such as: (i) encouraging women’s access to education and occupational training in jobs traditionally considered not to be for women; (ii) promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iii) raising awareness among the general public and the social partners of the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to indicate the impact of measures taken as part of the United Nations Sustainable Development Cooperation Framework for Guinea-Bissau 2022–2026 on the reduction of the pay gap between men and women.

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