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

Convenio sobre igualdad de remuneración, 1951 (núm. 100) - Gabón (Ratificación : 1961)

Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. With reference to its previous comment, the Committee notes the indications in the Government’s report, according to which Act No. 022/2021 issuing the Labour Code was adopted on 19 November 2021. While the Committee notes with satisfaction that section 170(1) of the Labour Code establishes that, “for work of equal value, remuneration shall be equal for all workers, regardless of their origin, opinions, sex and age”, it nonetheless notes with regret that section 170(3) mentions “equality of remuneration between men and women for work of equal value and of the same nature”. In this regard, the Committee again recalls that 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). The Committee also recalls that where legislation on equal remuneration exists, it must be neither more restrictive than, nor in contradiction to, the Convention. Moreover, the Committee considers that the coexistence of the two clauses cited above could engender confusion, or even prove conflictual, when applying the principle of equal pay for men and women for work of equal value in practice. Accordingly, the Committee firmly hopes, in accordance with its repeated comments, that the Government will take the necessary measures to give full expression and full effect in the Labour Code to the principle enshrined in the Convention by retaining only the formulation figuring in section 170(1) of the text. The Committee requests the Government to provide information on: (i) all progress achieved in this regard; and (ii) the implementation and interpretation of these provisions by the judiciary.

Articles 2 and 3. Determination of rates of remuneration. Objective job evaluation. With reference to its previous comment, the Committee notes that the Government indicates that the remuneration of State officials is a combination of financial and in-kind elements which includes a direct component (the wage paid at the end of the month), an indirect component (social benefits, training, etc.) as well as numerous non-financial advantages (career development, decorations, etc.). The Government indicates that under the remuneration system established in 2015, the criteria established for remuneration are not based on gender and that the jobs that are predominantly held by women are not undervalued in comparison with those occupied by men. According to the Government, the system establishes a salary scale (which sets the method for calculating basic pay and defines maximum pay levels) while taking account of the specific nature of various occupations, such as teachers in higher education or members of the defence and security forces. The Government adds that the system provides for the payment of a certain number of allowances (for housing, transport and representation, for example), and that it includes several pay scales allowing it to take account of the differences in each sector. The Government finally indicates that the new management policy for the public service also takes individual performance into account. The Committee notes with regret that the information provided by the Government gives no details regarding the method used to classify jobs in the public service and that it therefore does not enable the Committee to evaluate the application of the Convention in practice. In this regard, the Committee recalls that the method for job evaluation must be founded on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions (see the 2012 General Survey, paragraph 695), to ensure that the job classifications and salary scales in the public service are free from all sexist bias. The Committee again requests the Government to provide information on the methods used to evaluate and classify the different jobs in the public service and to provide the corresponding salary scales, indicating the number of men and women holding posts in each category. Moreover, noting that section 149(12) of the Labour Code establishes that collective agreements must include provisions regarding the essential elements for determining occupational classification and qualification level, the Committee requests the Government to provide information on the nature of these elements and to indicate how the criteria for objective job evaluation of private sector jobs are free from all gender-based prejudice and do not, in practice, result in an undervaluing of jobs predominantly occupied by women.

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