Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Uganda (Ratification: 2005)

Other comments on C100

Direct Request

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Article 1(a) of the Convention. Remuneration. The Committee notes the Government’s indication that, while the Employment Act contains no definition of the term “remuneration”, section 6(6) and (7) of the Act is in line with the spirit of the Convention. The Committee recalls that although section 6(6) and (7) provide for the principle of equal remuneration for men and women for work of equal value, the Employment Act does not define “remuneration”. Pursuant to section 2, “wages” are defined, but in a manner narrower than the Convention, as certain benefits are not included. The Committee recalls further that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on the fundamental Conventions, 2012, paragraphs 686–687, 690–691). The Committee asks the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to all aspects of remuneration, including the contributions excluded from the definition of “wages” in section 2 of the Employment Act.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee reiterates its request for information on how it is ensured in practice that the principle of equal remuneration for work of equal value is promoted and applied in the context of wage-setting processes in the public and private sectors. In particular, the Committee asks the Government to provide information on whether and how the special body established under the Public Service (Negotiating Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiation on terms and conditions of employment for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s brief indication that it has carried out a comprehensive job analysis in the public service. It also notes the Government’s statement that, in the private sector, enterprises are encouraged to develop human resources policies that are in line with the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to specify the methods and criteria used for the evaluation of jobs in the public service, in particular, how it ensures that the methods applied are objective and free from gender bias. Please also provide information on the outcome of the public service job analysis, including the impact on the wages of male and female workers respectively. The Committee also asks the Government to provide information on specific measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee once again requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. Please provide information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Parts III and IV of the report form. Awareness-raising activities. The Committee notes the Government’s indication that the Equal Opportunities Commission, in collaboration with the Directorate of Labour, has developed and implemented awareness-raising initiatives on gender issues and equal remuneration, both in the form of workshops and through media campaigns. The Committee asks the Government to provide further information on the specific objectives and content of the awareness-raising initiatives and workshops to which the Government refers.

Enforcement. The Committee previously noted the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. The Committee also noted the observations made by the National Organisation of Trade Unions (NOTU) in a communication dated 31 August 2012 concerning the absence of a mechanism to enforce the provisions of the Convention. While noting that the Government’s report does not specifically reply to the issue raised by the NOTU, the Committee takes note of the Government’s brief indication that the Equal Opportunities Commission has been conducting investigations and holding hearings in response to discrimination complaints. In this connection, the Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of October 2010, expressed concern about the lack of a comprehensive and effective complaints system for women. The CEDAW emphasized that mechanisms to enforce provisions on non-discrimination are not widely known and remain inaccessible to women (CEDAW/C/UGA/CO/7, 22 October 2010, paragraph 17). The Committee asks the Government to provide information on the complaints lodged before the Equal Opportunities Commission regarding unequal remuneration, including the outcomes thereof. Please also provide information on any infringements detected by or brought to the attention of the labour inspectorate, as well as on any judicial or administrative decisions applying the principle of equal remuneration for men and women for work of equal value and on the remedies provided. The Committee further asks the Government to provide information on any specific measures taken by the Ministry of Gender, Labour and Social Development with a view to ensuring full application of the principle of the Convention.

Part V. The Committee previously noted that, according to the Uganda National Household Survey 2005–06, the majority of women were concentrated in the agricultural sector and that the gender wage gap was wider in the private sector. The Committee notes the Government’s statement that sex disaggregated data and statistical information on the distribution of men and women in different occupations and respective wages are made available in the national Labour Force and Household Surveys, as well as in the Labour Market Bulletin of the Directorate of Labour. The Committee notes in this regard that, according to the Uganda National Household Survey 2009–10, the private sector continues to present a wider gender wage gap, with women earning on average 40 per cent less than their male counterparts. The Committee therefore asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also requests the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap. Please also provide a copy of the most recent Labour Market Bulletin of the Directorate of Labour.