Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Work of equal value. The Committee recalls its previous comments on section 3(1) of the Equal Pay Act, 1994, providing only for equal pay for equal work. The Committee regrets to note that the Government once again merely indicates that the issue of amending the legislation in order to ensure conformity with the Convention will be brought to the attention of the Cabinet. The Committee recalls its 2006 general observation on this issue and urges the Government to take the necessary steps to ensure that the legislation provides for equal remuneration for men and women for work of equal value.

Fixing of wages. The Committee notes the adoption of several new wages regulations orders in 2008 for security workers, agricultural workers, domestic workers, hotel workers, industrial workers, workers in offices of professionals and shop assistants. The Committee notes the Government’s indication that the principle of equal pay is being assured though the participation in the wages councils of representatives from the trade unions and the St. Vincent and the Grenadines Employers’ Federation. The Committee notes, however, that the Wages Regulations (Agricultural Workers) Orders, the Wages Regulations (Hotel Workers) Order 2008, and the Wages Regulations (Shop Assistants) Order 2008 still include certain male or female connotations for certain occupations such as “watchman”, “houseman/bellboy”, “hostess” which may indicate that these occupations are only open to either men or women and therefore involve a gender bias in determining the wages for these occupations. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women employed in each of the occupations and their corresponding wage scales covered by the Orders. Please also indicate how the wages councils ensure that in fixing the wages for the different occupations, rates for female-dominated occupations are not set below the level of rates set for male-dominated occupations involving work of equal value.

Objective job evaluation. The Committee notes that the results of the comprehensive public sector job classification exercise have been rejected by the major trade unions which led to a review of the process and a series of new recommendations. The recommendations have been accepted by Cabinet and are awaiting implementation. The Committee asks the Government to provide further information on the contents of the recommendations made and on their implementation, as well as on the impact they have had in ensuring the application of the principle of equal remuneration in the public sector. Please also indicate whether any measures have been taken to promote the use of objective job evaluation in the private sector.

Enforcement. The Committee notes that the Government once again affirms that the labour inspection services have not observed any discrimination with respect to remuneration between men and women nor have any complaints been lodged with the Department of Labour. The Committee draws the attention of the Government to the fact that the absence of complaints about equal remuneration does not necessarily imply that the principle of the Convention is being fully applied. On the contrary, it might be an indication that the national legislation on equal pay and the existing complaints mechanisms are inadequate or ineffective. The Committee encourages the Government to examine whether the current complaints and enforcement mechanisms are effectively responding to the needs of male and female workers to raise complaints with respect to gender differences in remuneration for work of equal value. Please also continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including on any cases of unequal remuneration dealt with.

Promotional measures. The Committee notes the Government’s statement that there is not much value in taking measures to promote the principle of the Convention since no discrimination has been found. The Committee recalls once again its 2006 general observation indicating that the principle of the Convention does not only concern equal remuneration between men and women for equal work but also for work that is of a different nature but nevertheless of equal value. From the Government’s replies to previous comments, the Committee is bound to conclude that some misunderstanding does in fact exist regarding the scope and implications of the principle of work of equal value. The Committee therefore reiterates its requests to the Government to undertake training and awareness raising on the Convention’s principle among public officials, workers, employers and their organizations and other relevant target groups, and to report on the progress made. Please also provide information on the measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

Statistics. The Committee notes the statistics on men and women in top positions in the public service in 2007. However, without an indication of the earnings of men and women in these positions, as well as in other occupations and posts in the public service and the private sector, it is difficult for the Committee to assess whether the principle of the Convention is being applied. The Committee trusts that the Government will provide such information in its next report.