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

The Committee notes the information contained in the Government’s first report, including copies of the legislation attached.

1. Article 1 of the Convention. Basic principle of equal value. The Committee notes that section 2(1) of the Equal Pay Act, 1994, defines remuneration in a broad sense, which is in accordance with the definition contained in Article 1(a) of the Convention. However, section 3(1) of the Equal Pay Act, 1994, guarantees "equal pay for equal work", which is not in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". Noting that the definition of "equal work" in section 2 of the Act is defined in such a way that it reflects to some extent the concept of equal value, though in a very restricted way, the Committee asks the Government to provide information in its next report on the practical application of section 3(1). It also asks whether the Government has contemplated amending the wording of "equal work" to "work of equal value" in order to ensure full legislative conformity with the Convention, in accordance with Article 1(b) of the Convention.

2. Article 2. Fixing of wages. The Committee notes minimum wages are set by wage orders to industrial workers, shop assistants, domestic workers, agricultural workers and port workers. It also notes that proposals are currently being drawn up for fixing minimum wage rates for hotel workers, security personnel and workers in offices of professionals. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of regulatory requirements and guidance in providing a framework of equality when wages are set by collective agreements. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to establish minimum wages for the sectors mentioned above, or for other sectors. It also requests the Government to communicate the schedule applicable to the sugar industry. It also asks the Government to provide information on the manner in which wage councils ensure the application of the Convention.

3. Article 3. Job appraisals. The Committee notes the Government’s statement that job appraisals are carried out for public servants, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been applied in the public sector. Please also provide information on any job appraisals that may have been undertaken in the private sector. The Committee also asks the Government to provide with its next report detailed information with respect to job classifications and/or pay rates for the public sector.

4. Article 4. The Committee asks the Government to provide information with its next report on consultations held with the social partners leading up to the adoption of such measures ensuring equal remuneration for men and women workers for work of equal value.

5. Part IV of the report form. Record keeping. The Committee notes the Government’s statement that employers are obliged to keep records of remuneration, and that labour inspections are carried out to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

6. The Committee notes the statement that the Labour Department administers the legislation ensuring the application of equal remuneration and asks the Government to provide detailed information in its next report on activities carried out by this Department. It also asks the Government to provide information in its next report on the activities carried out by the Department of Women’s Affairs and the National Council of Women, including copies of reports, publications, etc., disseminating the principle of this Convention.

7. Part V of the report form. Statistical information. The Committee notes the Government’s statement that no statistical information has been collected to ensure the application of the Convention. The Committee wishes to draw the Government’s attention to its 1998 general observation (which is attached for easy reference), in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also notes the Government’s statement that more women than men are employed in top positions in the public sector and asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade or rank.