Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Legislation. The Committee notes that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour […], the worker may make a complaint to the Chief Executive stating all relevant particulars”. While this provision appears to cover discrimination based on gender as regards remuneration, the Committee notes that it does not provide for equal remuneration for men and women for work of equal value. Although section 35(d) of the Constitution guarantees fair and equal wages for work of equal value, the Committee considers it desirable to include in the legislation provisions giving full expression to the Convention’s principle, with a view to achieving its full application, in law and in practice. In this context, it should be ensured that, for the purposes of the application of the principle of equal remuneration for men and women for work of equal value, remuneration is defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the following:

(a)   the practical application of section 46A of the Employment Act, indicating the number, nature and outcome of any complaints brought relating to wage discrimination;

(b)   the measures taken or envisaged with a view to giving full legislative expression to the Convention’s principle and to ensuring that the definition used for the purposes of ensuring equal remuneration is provided for work of equal value includes all the elements set out in Article 1(a) of the Convention.

2. Policies. The Committee notes that the Employment Policy stresses the importance of access to employment and training without discrimination and the encouragement of equality of opportunity and equity within the work environment. The Policy also commits the Government to promoting a remuneration system based on performance and productivity results. The Committee asks the Government to indicate any measures taken to ensure that remunerations systems ensure equal remuneration for men and women for work of equal value. It once again asks the Government to provide information on any other measures taken or envisaged to promote the full application of the Convention’s principle in both the private and public sectors.

3. Minimum wages. The Committee notes from the Government’s report that a national minimum wage has not yet been fixed. Recalling its 2003 direct request concerning the Minimum Wage-Fixing Machinery Convention, 1928
(No. 26) in which it expressed the hope that minimum wage machinery would be set up without any further delay, the Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information regarding what measures are taken or envisaged to ensure that the future minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value.

4. Objective job evaluation. The Committee notes that in the Government’s report there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee refers the Government to its 2006 general observation under the present Convention for further guidance on the importance of objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for work of equal value, and asks the Government to indicate in its next report any measures taken or envisaged to promote the use of objective job evaluation methods.

5. Statistical information. The Committee notes that the statistical information on earnings provided by the Government is not disaggregated by sex. The Committee therefore asks the Government to provide with its next report detailed data concerning the earnings of men and women, by industry and sector.