Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its first report.

1. Article 1. TheCommittee notes the definition of remuneration contained in section 126 of the Labour Act (revised edition of 2000), and section 10(1) and (2) of the Wages Council Act (revised edition of 2000), which appear to exclude certain emoluments such as travel allowances and payments for overtime. It also notes that section 3 of the International Labour Organization Conventions Act No. 37 of 1999, provides for the incorporation of Convention No.100 in national law, including the definition of remuneration enshrined in Article 1(a) of the Convention, and that in the case of a conflict between the provisions of the Labour Act and the Convention, priority is given to the Convention (section 4 of Act No. 37 of 1999). The Committee asks the Government to confirm whether the broad definition of remuneration enshrined in Article 1(a) of the Convention takes precedence over the definition of remuneration covered in section 126 of the Labour Act and in section 10(1) and (2) of the Wages Councils Act, so that the principle of equal remuneration between men and women for work of equal value also applies to additional emoluments; and to indicate whether workers can refer to Act No. 37 in practice for the protection of their interests.

2. The Committee notes from the Government’s report to the Committee on the Elimination of Discrimination Against Women (A/C/BLZ/1-2, 1 November 1996), that the Governor-General, has spoken of the possible introduction of legislation to provide equal pay for work of equal value. It asks the Government to indicate whether any consideration has been given to enacting such legislation and to keep the Committee informed of any developments in this regard.

3. Article 2. The Committee notes the Government’s statement that wages are determined in the private sector by: (1) individual agreements between the worker and the employer; (2) collective agreements; and (3) legally established minimum wage regulations for certain categories of workers. The Committee would be grateful if the Government would supply copies of any relevant agreements and provide information on the methods used in non-unionized workplaces to determine remuneration. The Government is also asked to supply a copy of the Wages Regulation (Manual Workers) Order, 1992, and copies of any other wage regulation orders adopted under the Wages Council Act. In addition, the Committee would be grateful for information on the manner in which the Government is promoting the inclusion of equal pay provisions in collective agreements.

4. The Committee notes the Government’s statement that there is no wage discrimination between men and women. The Government also indicates in this report that, while it considers that the principle of equal pay for work of equal value is applied with respect to positions occupied by both genders in the civil service, women in the private sector are concentrated in female-dominated occupations, which are traditionally low paid and low status jobs. The Committee would be grateful if the Government could supply information on the manner in which the Wages Council guarantees that equal remuneration between men and women for work of equal value is applied in the wage regulations. Noting also section 115(1) of the Public Service Regulations according to which salaries of public officers shall be specified in circulars and regulations, the Committee asks the Government to provide copies of such circulars and regulations as well as information on the methodology used for fixing wages in the public sector and on how equal pay for work of equal value is ensured.

5. Article 3. The Committee notes the Government’s statement that there is no legislation setting out the methods for the appraisal for jobs on the basis of the work to be performed in the private sector. Instead, collective agreements generally promote such an appraisal by working out a job description based on the work to be performed. The Government is asked to provide information on measures taken, through collective bargaining or otherwise, to promote equal pay and/or an objective appraisal of jobs on the basis of the work to be performed in the private sector, and to ensure equal pay and objective job evaluation in the public sector, and to provide an indication of any progress achieved in this regard. It also asks the Government to indicate the criteria employed for the classification of posts and determination of wages in both the private and public sectors.

6. Article 4. The Committee asks the Government to indicate in its next report what measures have been taken to promote cooperation with employers’ and workers’ organizations and what results have been obtained from these measures. Noting that the National Labour Advisory Board can make recommendations on all matters concerning workers, the Committee asks the Government to indicate whether the Board has given any consideration to the issue of equal pay between men and women for work of equal value.

7. Further, the Committee understands that a National Action Plan for Gender Equality has been adopted and that a Ministry on Human Development, Women and Youth and a National Women’s Commission have been established. It asks the Government to supply a copy of the National Action Plan, and to provide information on the measures taken for ensuring equal remuneration for men and women in the public sector under the abovementioned policy and bodies as well as any other relevant bodies, and for promoting its application in the private sector.

8. Parts III, V and VI of the report form. Noting that the Government’s report does not contain any information on this matter, the Committee invites the Government to provide information on the manner in which the application of the principle of equal pay, as enshrined in the Convention, is supervised and ensured. Such information includes statistical data disaggregated by sex, reports, guidelines or publications, as well as copies of legislation adopted, collective agreements and administrative and judicial decisions, including those made by the Office of the Ombudsperson and the Human Rights Commission, as well as any other information that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please provide the information in accordance with the 1998 General Observation on this Convention which is attached for easy reference.