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

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

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.