Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Repetition

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:(i) contain a definition of remuneration which includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment; and (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.