Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Ethiopie (Ratification: 1999)

The Committee notes the information in the Government’s first report and the attached documentation. It asks the Government to provide additional information on the following points.

1. Article 1 of the Convention. The Committee notes that section 6 of Proclamation No. 262/2002 provides, as to public sector employees, that "all positions of equal value shall have equal base salary". The Committee asks the Government to provide specific information about how the Federal Civil Service Commission is acting to ensure that the principle of equal remuneration is being respected between men and women, not only with respect to base salary, but with respect to all aspects of remuneration received by public employees.

2. The Committee notes the provisions in both the Constitution (articles 35 and 42) and in Proclamation No. 42/1993 (sections 14 and 87(1)) that enshrine principles of equal remuneration as between men and women regarding work in the private sector. However, the Committee also notes that important terms, including "pay", "remuneration" and "discrimination" remain undefined in these instruments, while the definition of "wages" in Proclamation No. 42/1993 is considerably narrower than the definition of "remuneration" provided in the Convention. Accordingly, the Committee asks the Government to clarify whether, in fact, the Constitution and the Proclamation guarantee equal remuneration for work of equal value, as between men and women, as to basic wages as well as regarding any additional emoluments whatsoever, for private sector work. It also asks how equal pay for work of equal value is required in the private sector.

3. The Committee notes that Proclamation No. 42/1993 excludes from its coverage workers under contract to provide education, upbringing, treatment, care or rehabilitation, as well as self-employed persons, and asks the Government what protections exist for men and women workers in these categories to ensure that they receive equal remuneration for work of equal value.

4. The Committee notes with interest that section 3 of article 35 of the Constitution recognizes the "historical legacy of inequality and discrimination suffered by women in Ethiopia" and that it envisages that affirmative measures will be taken to rectify that legacy. It would be grateful if the Government would provide information regarding any programmes or measures, under the auspices of this article, that are specifically directed to narrowing any wage gaps between men and women or to otherwise promoting the goal of equal remuneration as between women and men for work of equal value. The Committee also requests information as to any commitments or programmes pursuant either to the National Policy for Ethiopian Women or the National Employment Policy, relating to promoting or ensuring equal remuneration as between men and women for work of equal value.

5. Article 2. The Committee notes that the Federal Civil Service Commission is likewise responsible for ensuring compliance with the principle of equal remuneration in public sector employment. Regarding the Commission’s activities, the Committee requests from the Government: (1) information on the methodology employed by the Federal Civil Service Commission for fixing salaries for public service employees, as well as for any studies or reviews of such salaries in so far as they raise issues of equal remuneration; (2) any directives issued by the Commission intended to reinforce article 35 of the Constitution; and (3) any decisions of the Commission with respect to complaints relating to equal pay.

6. The Committee notes the Government’s assertion that collective agreements are a principal means of incorporating the principle of equal remuneration. It asks the Government to indicate the manner in which the principle of equal remuneration for work of equal value is included in practice in the process and agreements of collective bargaining and to provide examples of such collective bargaining agreements.

7. Article 3. The Committee notes the Government’s explanation that the objective appraisal of jobs based on the work performed is exclusively left to individual enterprises, as part of the management of their business, and that the principal means by which such appraisal takes place is by means of collective bargaining. The Committee asks the Government for details on such appraisals, both as to methodology and as to outcome, in the collective bargaining process. In addition, the Committee also asks the Government for any information available as to whether such appraisals take place, and, if so, how in the context of non-unionized enterprises.

8. Article 4. Noting that Article 4 contemplates cooperation between the social partners and the Government for the purpose of giving effect to the Convention, the Committee asks the Government how it promotes implementation of the Convention among these groups, for example, by developing pertinent oversight mechanisms, training programmes, information campaigns, or other appropriate strategies.

9. Parts III and IV of the report form. The Committee notes that the Labour Inspection Service has the duty of ensuring the implementation of the equal pay requirements of Proclamation No. 42/1993. It asks the Government to provide specific information regarding the Service’s efforts in this regard, including any decisions concerning non-compliance with equal remuneration provisions. Please also provide information on the activities of the National Commission on Human Rights or the Ombudsman on issues of equal remuneration.

10. Part V of the report form. The Committee hopes the Government will work towards compiling statistical information on earnings, disaggregated by sex, in accordance with the general observation issued by the Committee in 1998 (attached for easy reference) and that it will be in a position to report the statistical information collected with its next report.