Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997, which both provide for the principle of equal remuneration for work of equal value. The Committee notes with regret that no progress has been reported by the Government in this respect. The Committee considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee asks the Government to provide concrete information on the implementation of the Convention and in particular on the measures adopted to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove legal ambiguities.

Considering the ambiguity in the legislation and concerned about misunderstandings regarding the scope and meaning of the principle of equal remuneration for work of equal value, the Committee has been asking the Government to organize training activities and awareness-raising campaigns concerning this principle for labour inspectors and judges, as well as workers’ and employers’ representatives. The Committee notes that once again no information has been provided by the Government on any measures adopted in this respect, and stresses that a clear and accurate understanding of the concept of equal value is essential if the equal pay principle is to be effectively promoted and enforced. In its 2012 General Survey on the fundamental Conventions, the Committee emphasized 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. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey, 2012, paragraph 673). The Committee therefore urges the Government to take the necessary measures to address misunderstandings on the principle of the Convention, including through activities to raise awareness among labour inspectors, judges and workers’ and employers’ representatives on the scope and meaning of the principle of equal remuneration for work of equal value. It asks the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.