Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997 (section 9(1)), therefore reflecting the principle of equal remuneration for men and women for work of equal value. The Committee notes once again with regret that no progress has been reported by the Government in its report. The Committee recalls that it considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee urges the Government to take steps to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove any legal ambiguities.

Article 2. Minimum wage. The Committee notes that the Government indicates that the National Minimum Wage Order which was adopted in July 2013 does not provide for a distinction of rates of pay on the basis of sex or gender. The Committee notes the adoption in October 2016 of a new Labour (National Minimum Wage) Order which raised the minimum wage in the private sector from 35,000 to 44,000 Guyanese dollars (GYD) per month (around US$210.50). The Committee also notes from the speech on the budget made by the Minister of Finance in November 2018 that “the Government has also raised the minimum basic salary for each public servant to GYD64,200 per month” (paragraph 3.30). The Committee wishes to point out that as women predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide information on the proportion of men and women workers, disaggregated by sex, to which the new national minimum wage in the private sector and the minimum basic salary in the public sector apply. The Committee asks the Government to provide any information available, including studies, showing the impact of the introduction and increase of the national minimum wage and the increase of the minimum basic salary on the earnings of women in both the public and the private sectors and the gender pay gap.

Articles 2(2)(c), 3 and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Objective job evaluation and wage determination. In its previous comments, in order to facilitate the application of the principle of the Convention and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asked the Government to indicate whether objective job evaluations were undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used. The Committee notes the Government’s indication that rates of remuneration are fixed through the collective bargaining and negotiation process, without due regard to the differences in sex or gender. While noting this information, the Committee recalls that men and women tend to perform different work using different skills. Therefore, for the purpose of ensuring equal remuneration for men and women for work of equal value and avoiding an undervaluation of work traditionally performed by women, the Committee wishes to emphasize the importance of evaluating each job concerned on the basis of criteria free from gender bias, such as skills/qualifications, effort, responsibilities and working conditions, when determining rates of remuneration. The Committee asks the Government to take concrete steps to raise awareness among workers’ and employers’ organizations about the principle of equal remuneration for men and women for work of equal value and the need to use objective job evaluation methods and criteria to avoid undervaluation of jobs traditionally performed by women when fixing rates of remuneration. The Committee asks the Government to provide detailed information on the manner in which rates of remuneration are determined by the social partners, including on the method and criteria used. The Committee further asks the Government to indicate whether rates of remuneration are determined by collective bargaining in the public sector.

Statistics. The Committee recalls that appropriate data and statistics are crucial for determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. Therefore, the Committee asks the Government to provide any statistical data available, disaggregated by sex, on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.