Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Equal Remuneration Convention, 1951 (No. 100) - Central African Republic (Ratification: 1964)

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that sections10 (equal wages under equal working conditions) and 222 (wages shall be equal for all workers regardless of … gender under equal working conditions, skills and output) of Act No. 09.004 of 29 January 2009 issuing the Labour Code, are more limited than the principle of the Convention and do not reflect the notion of “work of equal value”. In this respect, the Committee recalls that the notion of “work of equal value” permits a broad scope of comparison encompassing not only “equal”, “the same” or “similar” work, but also work of an entirely different nature that is nevertheless of equal value. In its report, the Government indicates that the determination of wage rates under the Labour Code is not based on any form of discrimination. The Government also refers to the hierarchy of standards under the Constitution of 30 March 2016, in accordance with which ratified treaties, including this Convention, prevail over national law. While noting this information, the Committee recalls that constitutional clauses which expressly provide that international agreements and treaties prevail over national law, while important, do not exempt States from adopting national legislation to implement the principles laid down in the Convention. The provisions of the Convention, even where prevailing over national law, may not be sufficient in themselves to provide effective legal protection from discrimination to workers (see General Survey of 2012 on the fundamental Conventions, paragraph 851). While recognizing the difficult situation in the country, the Committee once again requests the Government to take the necessary steps, on the occasion of the next revision of the Labour Code, to ensure that sections 10 and 222 of the Labour Code are amended so as to provide explicitly for equal remuneration for men and women for work of equal value, and, in the meantime, to provide information on the progress made in the revision of these provisions.

Articles 2(2)(c) and 4. Application of the Convention through collective agreements. Cooperation with employers’ and workers’ organizations. Awareness-raising measures. The Committee recalls that collective agreements are a means of applying the principle of equal remuneration for men and women for work of equal value and that collective bargaining is recognized as a determining factor in reducing wage gaps between men and women and can therefore play a crucial role in the application of the Convention. The Committee notes that the Government reiterates the general information it has already provided on several occasions indicating that collaboration with the social partners exists at two levels: consultation with workers’ organizations on any decision relating to public sector employees, and tripartite dialogue for the private sector within the Standing National Labour Council (CNPT). While acknowledging the difficult situation prevailing in the country, the Committee requests the Government to indicate the manner in which collective agreements address the issue of equal remuneration for men and women, by providing copies of the relevant provisions of collective agreements currently in force. The Committee also requests the Government to take specific steps to raise the awareness of the employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced. It also requests the Government to specify whether this issue has been effectively addressed by the social partners in collective agreements, as well as in discussions held in the CNPT and, if so, to provide detailed information in this respect.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, for several decades, the following methods have been used to undertake the objective evaluation of jobs: a study has been carried out at government level and tripartite negotiations have been held to formulate collective agreements and enterprise agreements. Referring to its 2012 General Survey on the fundamental Conventions, the Committee recalls that the necessary measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms. The implementation of job evaluation exercises has been shown to have a measurable impact on gender pay differentials. Job evaluation is a formal procedure which, through analysing the content of jobs, gives a numerical value to each job. Two jobs that are found to have the same overall numerical value are entitled to equal remuneration. There are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. The Committee once again recalls that the application of the principle of equal remuneration for men and women for work of equal value, as established by the Convention, implies measuring and comparing the relative value of different jobs, by analysing the tasks to be performed on the basis of objective factors, such as skill, effort, responsibilities and working conditions (paragraphs 695–709). The Committee requests the Government to indicate the measures taken or envisaged to encourage the development and use of appropriate methods for the objective evaluation of jobs, particularly during the analysis of job classifications and the determination of remuneration, whether through legislation, administrative action or in the context of the negotiation of collective agreements or enterprise agreements.

Application in practice. The Committee welcomes the Government’s indication that a recommendation has been adopted with a view to establishing, on the one hand, collaboration between labour inspectors and magistrates and, on the other, the communication of labour court decisions to labour inspectors. The Committee requests the Government to specify whether the envisaged collaboration is operational and whether it also covers the issue of wage disparities between men and women and the means of resolving them. The Committee also requests the Government to provide information on the prevention and control measures taken by labour inspectors to enforce equal remuneration for men and women.