Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Burundi (Ratification: 1993)

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.