Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. Recalling its previous observation in which it had requested the Government to indicate the steps taken to amend the Agricultural Workers (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government once again to indicate whether the Order of 1997 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Recalling also the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on these matters, as well as on the points raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term "remuneration", but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and "such other basic conditions, as the nature of the case may require", the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment".

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.