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Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap. The Committee notes the Government’s reference to the 2021 Labour Force Survey but observes that the information provided in its report does not contain any data on wages of men and women. It notes however, from the new Decent Work Country Programme (DWCP) for Eswatini (2022–25), that: (1) “[…] development challenges disproportionately impact women and girls, who predominate amongst the poor and unemployed”; (2) “[t]hey often have considerably lower earnings than their male counterparts and are more likely to be in vulnerable employment positions”; and (3) “the Government and the social partners shall address the gender pay gap by instituting policy measures to promote equal remuneration for work of equal value” (output 1.2). The Committee urges once again the Government to strengthen its efforts to take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, monitor, promote and enforce the principle of the Convention. It asks once again the Government to take measures to identify and address the underlying causes of gender pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both formal and informal economy. It asks the Government to provide any updated statistical information available on: (i) the earnings of men and women in all sectors of the economy as well as in the informal economy; and (ii) the gender pay gap.
Articles 2 and 4. Minimum wages. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that it cooperates with the social partners in various respects and, in particular when setting basic minimum conditions of service such as minimum wages through the Wages Councils for the various sectors of economic activity or industries. It also notes the information provided by the Government regarding the negotiation process for Wages Councils establishing sectoral minimum wages, in particular that it is informed by generic criteria recurrent to collective bargaining negotiations such as the inflation rate, cost of living, productivity, financial performance or affordability of the industry or sector, skills, qualifications. The Committee recalls that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration. It is therefore important to ensure that a job evaluation method used to design or adjust sectoral or occupational minimum wage schemes is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills and the work itself in sectors predominantly employing women is not undervalued. It is important for governments, in cooperation with employers’ and workers’ organizations, to examine the functioning of the mechanisms for the setting of minimum wages in the light of the need to promote and ensure the principle of equal remuneration for men and women for work of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 685 and 706). The Committee notes the output in the DWCP for Eswatini (2022–25) according to which the Government and the social partners shall apply relevant tools and undertake empirical research to ascertain the feasibility of setting a national minimum wage and to ensure that minimum wage schemes are free from gender bias (output 1.1). The Committee asks once again the Government to take steps to raise awareness of employers’ and workers’ organizations and Wages Councils of the underlying causes of wage disparities between men and women and the manner in which they can be addressed through the implementation of principle of equal remuneration for men and women for work of equal value and job evaluation based on objective criteria such as qualifications, responsibilities, efforts and conditions of work. It asks the Government to provide information on any other cooperation undertaken with employers’ and workers’ organizations for the purpose of giving effect to the principle of equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. The Committee notes that, pursuant to the Code of Good Practice: Employment Discrimination: (1) “an employer must ensure that job grading criteria are fair and objective and based on the inherent requirements of the jobs graded”; and (2) job grading systems and remuneration systems based on job grading must recognize the “principle of equal value for equal work”, and that pay differentials between grades must be based on objective criteria (articles 6.7.1 and 2). The Committee asks the Government to continue to provide updated information on any job evaluation exercise undertaken in the private sector, indicating the criteria used and the outcomes of such reviews.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. Employment Bill. The Committee notes from the Government’s report that, according to the Attorney General’s Office, the Employment Bill was at its final vetting stage in September 2022. It further notes that, according to information communicated to the ILO Office in Pretoria, the Employment Bill is not adopted yet. The Committee nevertheless welcomes the inclusion in the Employment Bill, as approved by the Attorney General in November 2022, of provisions reflecting the principle of equal remuneration for men and women for work of equal value. It notes however that, according to the Bill, “work of equal value” means “work performed by male and female employees in which the duties and services to be performed require similar or substantially similar levels of qualification, experience, skill, effort, responsibility and which is performed under similar or substantially similar working conditions”. The Committee would like to point out that this is too restrictive to give full effect to the principle of equal remuneration for work of equal value set out in the Convention. The concept of “work of equal value” must permit a broad scope of comparison. While factors such as qualification, skill, effort, responsibility and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account. Men and women should receive equal remuneration where they perform work that is of overall equal value. Work can be of equal value even if the work is different in content and requires different qualifications, skills or efforts, involves different responsibilities or is performed under different conditions. The Committee asks once again the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to ensure that the Employment Bill: (i) fully reflects the principle of equal remuneration for men and women for work of equal value enshrined in the Convention; and (ii) provides for a definition of “work of equal value” allowing for the comparison not only of work that involves similar or substantially similar qualifications, skills, effort, responsibilities and conditions of work, but also of work of equal value overall.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Addressing the gender pay gap. Referring to its previous comments on the existence of a large gender wage gap in industries with higher compensation and the concentration of women in low-paid jobs in the informal economy, the Committee notes the Government’s indication that several policy measures have been adopted to promote gender equality and afford women increased opportunities, in particular in the framework of the Poverty Reduction Strategy and Action Plan (PRSAP) of 2006, as well as the draft Strategy for Sustainable Development and Inclusive Growth of 2016. However, the Government indicates also that, some of these measures are still at their early stages, due to resource constraints. In addition to the information highlighted in its direct request under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes that, according to its last Labour Force Survey (2013–14), women employed in the same occupational groups than men only received, on average, 60 per cent of men’s median monthly earnings. In light of the substantial wage disparities between men and women in all occupational categories and the lack of legislation that fully reflects the principle of the Convention, the Committee urges the Government to strengthen its efforts to take proactive measures, including in collaboration with employers and workers’ organizations, to raise awareness, monitor, promote and enforce the application of the Convention. While noting the resource constraints, it asks the Government to take measures to address the gender pay gap by identifying and addressing the underlying causes of pay differentials, such as vertical and horizontal job segregation and gender stereotypes, covering both formal and informal economy. It asks the Government to provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy, both in the public and private sectors, as well as in the informal economy.
Article 2. Minimum wages. In its previous comments, the Committee asked the Government to provide information on specific job evaluation methods used by wage councils, and to indicate how it is ensured that such methods are free from gender bias and do not result in the undervaluation of jobs predominately undertaken by women. The Committee notes the Government’s repeated indication, in its report, that minimum wages are set through negotiations within the various tripartite wage councils which do not make differentiations based on sex. The Committee wishes to recall once again that, the lack of an explicit differentiation between men and women in wage orders is not sufficient to ensure that there is no gender bias in the process of determining minimum wages, and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that skills considered to be “female” are not undervalued (see the 2012 General Survey on the fundamental Conventions, paragraphs 683, 695 and 701). In light of the substantial wage disparities between men and women in all occupational categories noted by the United Nations Development Programme (UNDP), and mentioned in its observation, the Committee asks the Government to provide information: (i) on the measures adopted by the tripartite wage councils to ensure that minimum wage rates are fixed, based on objective criteria, free from gender bias, such as qualifications, skills, effort, responsibilities and conditions of work and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) on the rates set by the tripartite wage councils as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and the corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women on how they can be reduced and to indicate how the tripartite wage councils promote equal remuneration for men and women for work of equal value.
Article 3. Objective job evaluation. Referring to its previous comments on the measures taken to ensure concretely that job evaluation methods used in the private sector are gender bias free, the Committee notes the Government’s repeated assertion that its role is very limited in this regard as there is currently no overreaching legislation concerning job evaluation and that methods for job evaluation used in the private sector may differ from one employer to the other. In this regard, the Committee wishes to recall that objective job evaluation is key to achieving the objectives of the Convention. The obligations to “promote” and “ensure” the application of the principle of equal remuneration for men and women for work of equal value may be fulfilled in various different ways including by, for example, the formulation of guidelines for establishing gender-neutral job classification or non-sexist checklist for the evaluation and classification of jobs. Stressing that the Convention can be implemented at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General survey, 2012, paragraph 701), the Committee asks the Government to provide updated information on any job evaluation exercise undertaken in the private sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value. Recalling further that the Convention also applies to the public sector and that the concept of equal value requires some method of measuring and comparing the relative value of different jobs, the Committee asks the Government to indicate how it ensures in practice that job evaluation methods used in the public sector are gender bias free.
Article 4. Cooperation with employers’ and workers’ organizations. In light of the substantial wage disparities between men and women in all occupational categories, observed in practice by UNDP and mentioned above, the absence of a proper definition of work of equal value as well as of an overarching legal framework enshrining the principle of the Convention since its ratification, the Committee recalls that in order to give effect to the principle of the Convention, there is a need to adopt a range of proactive measures, adapted to the national context, to accomplish real progress in attaining equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on any cooperation undertaken with employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Legislative developments. The Committee recalls that the Government over a period of ten years has repeatedly indicated that a Bill was being prepared in order to fully reflect the principles set out in the Convention. The Committee notes the Government’s indication in its report that section 14 of the Employment Bill would amend section 96 of the Employment Act of 1980 which provides for “equal pay for equal work”, by defining “work of equal value” as meaning “work in which the duties and services to be performed require similar or substantially similar levels of qualification, experience, skill, effort, responsibility which is performed under similar or substantially similar working conditions”. In this regard, the Committee draws the Government’s attention to the fact that such definition could unduly restrict the scope of comparison of jobs performed by men and women and recalls that the concept of “work of equal value” as provided for under the Convention is fundamental to tackling occupational gender segregation in the labour market. This concept permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same”, or “similar” work, and also encompassing work of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to ensure that any new legislation will fully reflect the principle of equal remuneration for men and women for work of equal value enshrined in the Convention, allowing for the comparison not only of work that involves similar or substantially similar qualifications, skills, effort, responsibilities and conditions of work but also of work of equal value.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislative developments and policy. The Committee notes the Government’s indication that the Employment Bill has been reviewed again by the Labour Advisory Board due to lapse of time and has now been forwarded to the Attorney-General’s Office for alignment. It notes that a copy of the Bill has been sent to the ILO for comments and guidance. As for the National Human Resources Planning and Development Policy (NHRPDP), it remains under review due to capacity constraints which will have an impact on the initial set timelines. It also notes that a National Gender Policy is about to be published, which includes in its strategies the development of mechanisms for the economic empowerment of both women and men to ensure economic independence. The Committee requests the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the Employment Bill, including provisions promoting objective job evaluation on the basis of the work performed. It also requests the Government to provide information on further developments concerning the NHRPDP, and to indicate how it promotes the principle of equal remuneration for men and women for work of equal value. The Committee requests that the Government provide a copy of the above legislation and policy once they are adopted. The Committee also requests the Government to provide more information regarding the implementation of the National Gender Policy in promoting the principle of this Convention.
Article 2 of the Convention. Addressing the gender wage gap. Recalling its previous comments noting the existence of a high gender pay gap in industries with higher compensation, the Committee notes the Government’s indication that it will consider taking concrete measures to address occupational gender segregation and ensure that women have access to such jobs. The Committee notes in this regard that the concluding observations by the Committee on the Elimination of Discrimination against Women (CEDAW) called upon the Government to strengthen efforts aimed at eliminating structural inequalities and occupational segregation, both horizontal and vertical, and to adopt measures to narrow and close the gender pay gap, and among other things, regularly review wages in sectors in which women are concentrated (CEDAW/C/SWZ/CO/1-2, 2014, paragraph 33(b)). The Committee also notes the Government’s indication that measures to analyse the underlying causes of the gender wage gap have not yet been initiated. The Committee once again requests the Government to consider taking concrete steps to analyse the underlying causes of the gender wage gap, and to take appropriate measures to reduce such a gap, including measures to increase access of women to a wider range of occupations, including women concentrated in low-paid jobs in the informal economy (see CEDAW/C/SWZ/CO/1-2, 2014, paragraph 70). It invites the Government to provide information regarding such efforts in its next report. The Committee requests once again the Government to provide detailed information on how the National Development Strategy, the Poverty Reduction Strategy and Action Plan (PRSAP), as well as the Citizens Empowerment Bill, address the issues of the gender wage gap and occupational segregation.
Application in practice. Minimum wages. The Committee notes from the Government’s report that tripartite wage councils do not make distinctions based on sex, and that the job itself is graded on the basis of its requirements and not the persons occupying such job. The Committee recalls that such measures in themselves are not sufficient to ensure that there is no gender bias in the process of determining the minimal wage (General Survey on fundamental Conventions, 2012, paragraph 683). It also recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (General Survey on Fundamental Conventions, 2012, paragraph 683). The Committee requests the Government to provide information on specific job evaluation methods used by wage councils, and to indicate how it is ensured that such methods are free from gender bias and do not result in the undervaluation of jobs predominately undertaken by women.
Article 3. Objective job evaluation. Noting the Government statement that its role in promoting objective job evaluation in the private sector is limited to ensure that fairness prevails when conducting job evaluations, the Committee wishes to draw the attention of the Government to the fact that there are various means used by member States to promote and ensure the use of objective job evaluation methods in the private sector such as, for example, the formulation of guidelines for establishing gender-neutral job classification or non-sexist checklist for the evaluation and classification of jobs. The Committee requests the Government to indicate how it ensures concretely that job evaluation methods used in the private sector are gender bias free.
Enforcement. The Committee notes from the Government’s report that the training provided to labour inspectors on the principle of the Convention has been extended to the members of the Conciliation Mediation and Arbitration Commission (CMAC), but not yet to judges. It also notes the Government’s indication that no complaints have been reported related to the principle of equal remuneration for work of equal value. The Committee recalls that where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on fundamental Conventions, 2012, paragraph 870). The Committee therefore invites the Government to continue its effort to raise awareness of the principle of equal remuneration for work of equal value between women and men among judges despite their busy schedule and to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases addressed by judicial and administrative bodies as a means towards such awareness-raising efforts.
Statistics. The Committee notes the Government’s indication that statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings, is not available. The Committee recalls that such statistics are required to fully address the continuing remuneration gap between women and men (see General Survey on fundamental Conventions, 2012, paragraph 887). The Committee requests the Government to provide a copy of the latest Labour Force Survey in its next report, as well as more information on steps taken to collect and compile statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.
Repetition
Legislative developments. The Committee notes that the Employment Bill is still under consideration and recalls the Government’s assurance that the concept of “work of equal value” would be taken into consideration when debating the Bill. The Committee once again hopes that the new legislation will fully reflect the principle of “equal remuneration for men and women for work of equal value” and promote objective job evaluation on the basis of the work performed, pursuant to the Convention. With regard to the Human Resources Planning and Development Policy, the Committee notes from the Government’s report that research has been conducted and that a draft policy was to be submitted to Cabinet by the end of 2010. The Committee trusts that the Government will take the necessary steps to ensure that the principle of “equal remuneration for men and women for work of equal value” is fully reflected in the Employment Bill, and asks it to provide information on the progress made in the adoption of the Bill. Please also continue to provide information on any further developments concerning the draft Human Resources Planning and Development Policy, and to indicate how the policy promotes the principle of the Convention. Please supply a copy of the final text once adopted.
Gender wage gap. The Committee notes from the statistics provided by the Government that the gender pay gap (based on the average paid income) is particularly high in occupations such as “craft and related trades workers” (60.3 per cent), “elementary occupations” (51 per cent), “plant and machine operators and assemblers” (44.2 per cent) and “service workers and shop and market sales workers” (39.5 per cent); and, in some industries, including health and social work (46.7 per cent); wholesale and retail trade (41 per cent); construction (38.1 per cent); and education (30.8 per cent). The Government indicates in its report that it is considering taking concrete measures to address occupational sex segregation and ensure that women have access to higher paid jobs in the context of the Citizens Empowerment Bill. The Committee further notes the Government’s statement that the National Development Strategy and the Poverty Reduction Strategy and Action Programme (PRSAP) recognize the issue of inequality, propose strategies aimed at addressing the gaps and offering equal opportunities for all regardless of sex. The Committee asks the Government to provide detailed information on how the National Development Strategy, the PRSAP, as well as the Citizens Empowerment Bill, address the issues of the gender wage gap and occupational segregation, in particular how they address increasing women’s access to a wider range of jobs, including those traditionally held by men. The Committee further asks the Government to consider taking concrete steps to examine and analyse the underlying causes of the gender wage gap.
Application in practice. Minimum wages. In its previous comments, the Committee noted that minimum wages were determined by tripartite wage councils in the private sector. The Committee therefore asks the Government to provide information on the specific measures taken or envisaged to ensure that criteria used for the determination of minimum wages in the private sector are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men.
Article 3 of the Convention. Objective job evaluation. Recalling that a job evaluation exercise was carried out in the public sector, the Committee asks the Government to indicate whether steps are being taken to promote and implement objective jobs evaluation in the private sector.
Enforcement. The Committee notes the Government’s indication that the labour inspection system continues to be enhanced, in particular with the assistance of the ILO. The Committee also notes that training related to the principle of the Convention will be extended to the members of the Conciliation Mediation and Arbitration Commission (CMAC). The Committee asks the Government to continue to provide information on the steps taken or envisaged to increase the capacity of labour inspectors, judges and members of the CMAC, and to indicate in particular how these measures relate to the application of the Convention. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.
Statistics. The Committee notes the preliminary results from the integrated Labour Force Survey (2010) forwarded by the Government. However, this survey analysis does not include information on wages or earnings. The Committee hopes that the final Labour Force Survey will contain the fullest possible statistical information, including statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings, and asks the Government to provide statistical information in this regard once it is available.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Legislative developments. The Committee notes that the Employment Bill is still under consideration and recalls the Government’s assurance that the concept of “work of equal value” would be taken into consideration when debating the Bill. The Committee once again hopes that the new legislation will fully reflect the principle of “equal remuneration for men and women for work of equal value” and promote objective job evaluation on the basis of the work performed, pursuant to the Convention. With regard to the Human Resources Planning and Development Policy, the Committee notes from the Government’s report that research has been conducted and that a draft policy was to be submitted to Cabinet by the end of 2010. The Committee trusts that the Government will take the necessary steps to ensure that the principle of “equal remuneration for men and women for work of equal value” is fully reflected in the Employment Bill, and asks it to provide information on the progress made in the adoption of the Bill. Please also continue to provide information on any further developments concerning the draft Human Resources Planning and Development Policy, and to indicate how the policy promotes the principle of the Convention. Please supply a copy of the final text once adopted.
Gender wage gap. The Committee notes from the statistics provided by the Government that the gender pay gap (based on the average paid income) is particularly high in occupations such as “craft and related trades workers” (60.3 per cent), “elementary occupations” (51 per cent), “plant and machine operators and assemblers” (44.2 per cent) and “service workers and shop and market sales workers” (39.5 per cent); and, in some industries, including health and social work (46.7 per cent); wholesale and retail trade (41 per cent); construction (38.1 per cent); and education (30.8 per cent). The Government indicates in its report that it is considering taking concrete measures to address occupational sex segregation and ensure that women have access to higher paid jobs in the context of the Citizens Empowerment Bill. The Committee further notes the Government’s statement that the National Development Strategy and the Poverty Reduction Strategy and Action Programme (PRSAP) recognize the issue of inequality, propose strategies aimed at addressing the gaps and offering equal opportunities for all regardless of sex. The Committee asks the Government to provide detailed information on how the National Development Strategy, the PRSAP, as well as the Citizens Empowerment Bill, address the issues of the gender wage gap and occupational segregation, in particular how they address increasing women’s access to a wider range of jobs, including those traditionally held by men. The Committee further asks the Government to consider taking concrete steps to examine and analyse the underlying causes of the gender wage gap.
Application in practice. Minimum wages. In its previous comments, the Committee noted that minimum wages were determined by tripartite wage councils in the private sector. The Committee therefore asks the Government to provide information on the specific measures taken or envisaged to ensure that criteria used for the determination of minimum wages in the private sector are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men.
Article 3 of the Convention. Objective job evaluation. Recalling that a job evaluation exercise was carried out in the public sector, the Committee asks the Government to indicate whether steps are being taken to promote and implement objective jobs evaluation in the private sector.
Enforcement. The Committee notes the Government’s indication that the labour inspection system continues to be enhanced, in particular with the assistance of the ILO. The Committee also notes that training related to the principle of the Convention will be extended to the members of the Conciliation Mediation and Arbitration Commission (CMAC). The Committee asks the Government to continue to provide information on the steps taken or envisaged to increase the capacity of labour inspectors, judges and members of the CMAC, and to indicate in particular how these measures relate to the application of the Convention. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.
Statistics. The Committee notes the preliminary results from the integrated Labour Force Survey (2010) forwarded by the Government. However, this survey analysis does not include information on wages or earnings. The Committee hopes that the final Labour Force Survey will contain the fullest possible statistical information, including statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings, and asks the Government to provide statistical information in this regard once it is available.

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

Legislative developments. The Committee notes from the Government’s report that the Employment Bill has been tabled in Parliament and will be debated shortly. The Government states that the concept of “work of equal value” will be taken into consideration when debating the Bill. The Committee also notes the Government’s indication that the draft Human Resources Planning and Development Act is still in the drafting stage, and that an awareness-raising workshop is being planned involving the broader stakeholders. Stressing the importance of giving full legislative expression to the concept of “equal remuneration for work of equal value”, the Committee urges the Government to ensure that the Employment Bill is fully in line with the principle of the Convention. Please continue to provide information on the status of the adoption of the Employment Bill and the draft Human Resources Planning and Development Act.

Application in practice. The Committee notes the information provided by the Government regarding the tripartite wage councils, and the application of job evaluation in the public service. The Committee asks the Government to continue to provide information on the application of the principle of the Convention through the tripartite wage councils. The Committee again asks the Government to provide any information regarding how equal remuneration for work of equal value is being promoted in the private sector.

Causes of the gender wage gap and occupational sex segregation. The Committee notes that the Government provides no information on its previous comments regarding the need to address horizontal and vertical segregation of men and women into certain jobs or occupations, and steps taken to examine the causes of the existing gender wage gap. The Committee, therefore, again asks the Government as follows:

(i)    to consider taking concrete measures to address occupational sex segregation, and to ensure that women have access to higher paid jobs;

(ii)   to provide information regarding how the trade testing and apprenticeship schemes have been used to promote gender equality in general, and in particular to provide women with access to a wider range of jobs, including those traditionally held by men;

(iii) to provide information on the specific steps taken or envisaged to examine the underlying causes of the gender wage gap.

Enforcement. The Committee notes the Government’s statement that the issue of equal remuneration has not been addressed by the courts or the Conciliation, Mediation and Arbitration Commission (CCMA). The Committee also notes that the Government expresses its commitment to assist judges and labour inspectors to ensure the application of the principle of the Convention, and that during training for judges and labour inspectors, they will be sensitized to the concept of “equal pay for work of equal value”. The Government is also considering requesting ILO assistance in this regard. The Committee welcomes the Government’s commitment to increase the capacity of the labour inspectors and the courts to address issues related to the application of the principle of the Convention, and asks to be kept informed of the specific steps taken in this regard. Please also specify whether the CCMA is mandated to deal with issues of equal remuneration, and if so, the Committee asks the Government to ensure that members of the CCMA are included in the training and sensitization programmes related to the Convention.

Statistics. Noting the Government’s statement that the preliminary results of the first integrated labour force survey have been released, the Committee looks forward to receiving statistical information disaggregated by sex, regarding earnings in the  public and private sectors, according to different occupations and job categories, once this information is available.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Application in law. The Committee notes that the Employment Bill has been submitted to Cabinet and will be put before Parliament soon. The Committee notes the Government’s assurance that the previous comments of the Committee will be taken into consideration in this process. The Committee draws the Government’s attention to its general observation of 2006, in particular regarding the importance of giving full legal expression to the concept of “work of equal value”: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation.” (paragraph 6). The Committee expresses the hope that the Employment Act will be adopted in the near future, and that it will give full legal expression to the principle of the Convention. The Committee asks the Government to keep it informed in this regard.

2. The Committee notes from the Department of Labour’s annual report of 2005, that the Department was at that time in the process of formulating the Human Resources Planning and Development Bill to regulate Swazi skills empowerment and localization. The Committee asks the Government to provide information on the status of the Human Resources Planning and Development Bill, as well as how the Bill promotes the principle of the Convention.

3. The Committee in previous comments has noted the Regulation of Wages (Agricultural Industry) Order 2000, which accords different treatment to male and female workers with respect to compassionate leave (30 days for women, seven days for men), and expressed the hope that the Government would take active steps to address practices that could have a discriminatory effect on women’s pay. Noting that the Government has provided no information on this point, the Committee asks the Government to provide information on the specific measures taken or envisaged to address practices that may have, directly or indirectly, discriminatory effect on women’s remuneration.

4. Application in practice. Work of equal value. The Committee notes that in the private sector, minimum wages are determined by tripartite wage councils and public sector jobs are categorized through a job evaluation exercise done by an independent consultant in consultation with the relevant workers’ and employers’ organizations. The Committee asks the Government to provide information regarding the minimum-wage setting process, in particular how it is ensured that the process itself is free from gender bias, and to provide any other information regarding how equal pay for work of equal value is being promoted in the private sector. The Committee also asks the Government to provide further information regarding the job evaluation exercise undertaken in the public sector, in particular what method of job evaluation is used, and how is it ensured that the evaluation process is free from gender bias.

5. Occupational sex segregation. The Committee notes the Government’s statement that no special measures have been put in place to eliminate horizontal and vertical segregation of men and women into certain jobs or occupations. The Committee recalls that occupational sex segregation often results in women being confined to a limited range of jobs, which are often undervalued in comparison with those held predominantly by men (see general observation 2006, paragraphs 2 and 3). Noting from the Department of Labour’s annual report of 2005, that trade testing and apprenticeship schemes have been put in place, with the number of workers benefiting from trade testing increasing, the Committee notes that such programmes could provide an important means of assisting women to obtain jobs in a wider range of fields, in particular those traditionally held by men. The Committee asks the Government to consider taking concrete measures to address occupational sex segregation, and to keep the Committee informed in this regard. The Committee also asks the Government to provide information regarding how the trade testing and apprenticeship schemes have been used to promote gender equality in general, and the principle of the Convention in particular.

6. Causes of the gender wage gap. The Committee notes the Government’s statement that it is considering examining the causes of the existing gender wage gap in the near future. The Committee asks the Government for specific information regarding the steps taken or envisaged to examine the underlying causes of the gender wage gap.

7. Statistical information. The Committee notes from the Department of Labour’s annual report of 2005, that a new standard questionnaire to collect employment and wage data has been designed to comply with ILO and international standards. It notes further that there are plans to develop a Labour Market Information System for Swaziland, and that the first Swaziland Integrated Labour Market Survey will be undertaken in 2007. The Committee again draws the Government’s attention to the Committee’s 1998 general observation regarding statistical information. The Committee hopes that the recent measures taken or envisaged to improve the quality of statistical information generally will result in statistical information disaggregated by sex, regarding earnings in the public and private sectors, according to different occupations, and in all job categories, and asks the Government to keep the Committee informed in this regard.

8. Enforcement. The Committee notes the information from the Department of Labour’s annual report of 2005, regarding the number of labour inspections, the resolution of disputes through the Conciliation, Mediation and Arbitration Commission (CMAC) and the industrial courts. However, it is not clear from the report whether the issue of equal remuneration for work of equal value has been addressed by any of these bodies. The Committee asks the Government to provide information regarding the role of the labour inspectorate in addressing gender pay discrimination, including whether any violations in this regard have been found and, if so, how such violations have been addressed. Please also provide the Committee with information regarding whether the issue of equal remuneration has been raised before the CMAC or the industrial court and, if so, the outcome thereof.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Articles 1 to 3 of the Convention. Application in law. The Committee understands that the Government is currently preparing a draft employment bill. The Committee hopes that the new legislation will fully reflect the principle of equal remuneration for men and women for work of equal value and promote objective appraisal of jobs on the basis of the work performed, in accordance with the Convention. The Government is requested to keep the Committee informed in this regard.

2. The Committee recalls its previous comments regarding the fact that widows are entitled to 30 days of compassionate leave, while widowers receive only seven days’ leave. The Government indicates that this enabled companies to accommodate the cultural practice that widows were supposed to be indoors for at least 30 days following the death of their husband. Noting that the National Development Strategy commits the Government to promote the empowerment of women to participate equally in development, the Committee hopes that the Government will take active steps to promote gender equality in employment, including steps to address practices that may have a directly or indirectly discriminatory effect on women’s pay.

3. Application in practice. Work of equal value. The Committee notes the Government’s statement that the Convention’s principle is being observed and that men and women in the private and public sector received equal wages. The Government states that, for example, there was no special wage for female sewing machinists in the clothing industry while in the public sector salary scales did not discriminate between men and women. In this regard, the Committee notes that the elimination of wage discrimination on the basis of sex in situations where men and women perform the same work or jobs is an important step in applying the Convention. However, it also recalls that, under the Convention, it is necessary to compare not only the remuneration received by men and women performing the same work, but also the remuneration received by men and women who are performing work which is different but nevertheless of equal value. This is crucial because wage discrimination often results from horizontal and vertical segregation of men and women into certain jobs and occupations and from the undervaluing of work performed by women. The Committee therefore asks the Government to provide information on the measures taken to promote the application of the principle of equal remuneration for men and women for work of equal value in the private sector, and to ensure its application in the public sector, including through promoting objective job appraisals as envisaged in Article 3 of the Convention.

4. Statistical information. The Committee notes the statistical information regarding employment by sex and level of skill (table 45) and average earnings by sex and level of skills (table 46) contained in Chapter X of the Annual Report, 2004, of the Department of Labour. According to the report, on average, women receive 84.5 per cent of men’s earnings in the category of professional and technical employment and 73.2 per cent in administrative and managerial employment. The Committee also notes that in professional and technical employment 61.6 per cent of workers are women, while the female participation in administrative and managerial employment was at 35.7 per cent. While the Committee appreciates the statistical information contained in the Annual Report, it encourages the Government to make every effort possible to establish data on remuneration disaggregated by sex as recommended by the Committee in its 1998 general observation (attached for ease of reference). The Committee asks the Government to:

(a)   provide, with its next report, a copy of the 2005 Annual Report of the Department of Labour;

(b)    indicate any measures taken to compile statistical information on remuneration received by men and women in accordance with the Committee’s 1998 general observation on this matter; and

(c)    indicate any measures undertaken or envisaged to examine the causes of the existing gender wage gap.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Articles 1 to 3 of the Convention. Application in law. The Committee understands that the Government is currently preparing a draft employment bill. The Committee hopes that the new legislation will fully reflect the principle of equal remuneration for men and women for work of equal value and promote objective appraisal of jobs on the basis of the work performed, in accordance with the Convention. The Government is requested to keep the Committee informed in this regard.

2. The Committee recalls its previous comments regarding the fact that widows are entitled to 30 days of compassionate leave, while widowers receive only seven days’ leave. The Government indicates that this enabled companies to accommodate the cultural practice that widows were supposed to be indoors for at least 30 days following the death of their husband. Noting that the National Development Strategy commits the Government to promote the empowerment of women to participate equally in development, the Committee hopes that the Government will take active steps to promote gender equality in employment, including steps to address practices that may have a directly or indirectly discriminatory effect on women’s pay.

3. Application in practice. Work of equal value. The Committee notes the Government’s statement that the Convention’s principle is being observed and that men and women in the private and public sector received equal wages. The Government states that, for example, there was no special wage for female sewing machinists in the clothing industry while in the public sector salary scales did not discriminate between men and women. In this regard, the Committee notes that the elimination of wage discrimination on the basis of sex in situations where men and women perform the same work or jobs is an important step in applying the Convention. However, it also recalls that, under the Convention, it is necessary to compare not only the remuneration received by men and women performing the same work, but also the remuneration received by men and women who are performing work which is different but nevertheless of equal value. This is crucial because wage discrimination often results from horizontal and vertical segregation of men and women into certain jobs and occupations and from the undervaluing of work performed by women. The Committee therefore asks the Government to provide information on the measures taken to promote the application of the principle of equal remuneration for men and women for work of equal value in the private sector, and to ensure its application in the public sector, including through promoting objective job appraisals as envisaged in Article 3 of the Convention.

4. Statistical information. The Committee notes the statistical information regarding employment by sex and level of skill (table 45) and average earnings by sex and level of skills (table 46) contained in Chapter X of the Annual Report, 2004, of the Department of Labour. According to the report, on average, women receive 84.5 per cent of men’s earnings in the category of professional and technical employment and 73.2 per cent in administrative and managerial employment. The Committee also notes that in professional and technical employment 61.6 per cent of workers are women, while the female participation in administrative and managerial employment was at 35.7 per cent. While the Committee appreciates the statistical information contained in the Annual Report, it encourages the Government to make every effort possible to establish data on remuneration disaggregated by sex as recommended by the Committee in its 1998 general observation (attached for ease of reference). The Committee asks the Government to:

(a)  provide, with its next report, a copy of the 2005 Annual Report of the Department of Labour;

(b)  indicate any measures taken to compile statistical information on remuneration received by men and women in accordance with the Committee’s 1998 general observation on this matter; and

(c)  indicate any measures undertaken or envisaged to examine the causes of the existing gender wage gap.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the brief report of the Government and asks it to provide information on the following points.

1. The Government indicates that there is no evidence that in practice there is or could be any indirect salary discrimination resulting from collective agreements that allow bereaved widows compassionate leave. The Committee recalls that in its previous comments it pointed out that discrimination on compassionate leave between men and women not only arises from collective bargaining but also from section 9(1) of the Regulation of Wages (Agricultural Industry) Order, 2000, that accords different treatment to male and female workers in respect of compassionate leave, granting widows 30 calendar days of leave, while widowers receive only seven days’ leave. The Committee asks the Government to consider providing for equivalent periods of compassionate leave for both male and female workers in the event of the death of their spouse.

2. In its previous direct requests the Committee asked the Government to indicate any measures taken or envisaged to promote the development, adoption and application of non-discriminatory policies in both the private and public sectors. The Committee takes note of the information provided in the Government’s report according to which the promotion of Equal Pay Provisions of the Employment Act are left to social partners. However, the Committee noted that no indication has been given in the Government’s report on the application of the principle of equal remuneration between men and women for work of equal value in the public sector. It hopes therefore that the Government will provide this information in its next report. Please also provide examples of private sector implementation of the principle of equal pay for work of equal value.

3. Noting that the statistics indicated in the Government’s report as an annex were not attached to the report, the Committee would be grateful if the Government would provide information, including statistical data disaggregated by sex on earnings in the different sectors, in accordance with its general observation of 1998. It also asks the Government to provide a copy of the National Development Strategy.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report and the supplementary documentation submitted relevant to the application of the Convention.

1.  The Committee notes the statistical information supplied by the Government in the Department of Labour’s 1998 report, according to which women’s overall average earnings in 1997 were 87 per cent of men’s corresponding average earnings. In the private sector, women earned approximately 85 per cent of men’s average earnings, whereas women’s average earnings in the public sector were 96 per cent of men’s. The Committee notes that these earnings levels approximate those of 1996. Noting with interest the establishment of the statistical unit within the Ministry of Labour, the Committee would be grateful if the Government would continue to provide information, including statistical data, on earnings in the different sectors, disaggregated by sex, in accordance with its general observation of 1998.

2.  In its earlier comments, the Committee noted that some of the collective agreements provided by the Government in its previous report established different benefits on the basis of sex in that, while widows were granted 30 days of compassionate leave in the event of the death of their husband, widowers were granted only half the amount of compassionate leave (15 days). The Committee notes further that section 9(1) of the Regulation of Wages (Agricultural Industry) Order, 2000, also accords different treatment to male and female workers in respect of compassionate leave, granting widows 30 calendar days of leave, while widowers receive only seven days’ leave. The Committee asks the Government to indicate the reason for the disparity in the amount of compassionate leave offered to widows and widowers. Recalling that, to avoid discrimination under the Convention, benefits granted by the employer to the employee must be made without distinction on the basis of sex, the Committee suggests that the Government consider providing for equivalent periods of compassionate leave for both male and female workers in the event of the death of their spouse.

3.  Referring to its previous direct requests regarding paragraph 10 of the Code of Practice set forth in the Schedule to the Industrial Relations Act, 1996, the Committee notes from the report that the Industrial Relations Act, 2000, has retained paragraph 10, which states that:

The prime responsibility for employment policies rests with management; at the same time, they should be developed, as appropriate, by consultation or negotiation with employee representatives. Employment policies should have regard to the legislative requirements relating to non-discrimination in employment.

The Government indicates that there are no direct measures taken through the Code to further the application of the equal pay provisions of the Employment Act, but that this task is left to the responsibility of the social partners. Accordingly, the Committee asks the Government to indicate any measures taken or envisaged to promote the development, adoption and application of non-discriminatory policies by private sector employers as well as to indicate the measures taken to ensure the inclusion and application of the principle of the Convention in the public sector workplace.

4.  The Committee would be grateful if the Government would provide a copy of the National Development Strategy to which reference is made in its report.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee regrets that the Government's report has not been received. However, it notes the information contained in the 1997 annual report of the Department of Labour and copies of collective agreements provided in response to the Committee's previous comments.

1. The Committee notes that, according to the statistical data supplied by the Government, in 1996, women's overall average earnings in the private sector were 88 per cent of men's, reflecting a marked narrowing of the wage gap between the overall average earnings of men and women workers in the private sector from 1990, when women's average earnings were 76 per cent of men's. In the public sector, the statistical data supplied by the Government indicate that, in 1996, women's average earnings were 94 per cent of men's. The Committee requests the Government to provide information in its next report on the total number and distribution of men and women in the different occupations and at the different levels of the public and private sectors. The Government is also requested to indicate the measures taken to ensure that women and men at all levels receive equal pay for work of equal value.

2. The Committee notes that a number of the collective agreements supplied by the Government establish different benefits linked to marital status in that widows are entitled to 30 days of compassionate leave at full pay upon the death of a spouse whereas, under analogous circumstances, widowers receive 15 days of compassionate leave at full pay. The Committee recalls that, although direct discrimination in respect of wage rates paid to women has in large part been eliminated from the texts of collective agreements, less evident forms of discrimination can still persist, such as the granting of benefits linked to the marital and family situation of the beneficiary and linked to the beneficiary's sex. The Committee notes that, in order to avoid discrimination under the Convention in the payment by the employer of benefits based on the marital or familial status of a worker, such payments must be made without applying conditions on the grounds of sex (see General Survey on equal remuneration, 1986, paragraphs 237 and 240). The Committee would therefore be grateful if the Government would provide information on the measures taken or envisaged to eliminate such provisions from the texts of collective agreements, including cooperation with the social partners in order to disseminate information among employers' and workers' organizations regarding forms of indirect salary discrimination that may persist, thereby promoting fuller application of the principle of equal remuneration.

3. The Committee notes that the information supplied by the Government does not respond fully to its previous direct request. It therefore repeats its earlier comments, which read as follows:

3. The Committee has notes that paragraph 10 of the Code of Practice set out in the Schedule to the Industrial Relations Act, 1996, states that: "Employment policies should have regard to the legislative requirements relating to non-discrimination in employment". Please indicate whether any measures have been taken, within the context of the application of the Act and its Code of Practice, to further the application of the equal pay provisions of the Employment Act, 1980 (sections 95 and 96).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Further to its previous comments, the Committee notes from the Government's report that the statistical data requested is not available, but that it will be supplied promptly once it has been collected. The Committee stresses the importance of providing information of this kind to enable an assessment of the extent of compliance with the Convention and looks forward to receiving the relevant material. In the meantime, please supply any publications, studies or other documents concerning the status of women in the country, which might contain information concerning the wage gap between men and women or be relevant in any way to the application of the Convention.

2. In its previous comments, the Committee drew attention to the fact that certain elements of remuneration ("weekly ration scales" in a collective agreement for the manufacturing and refining industry, and the "allocation of government quarters" in the public sector General Orders) could be seen to be payable only to male employees, workers or public servants, as the relevant provisions were not phased in gender-neutral language. Having noted the Government's assurances on this matter, the Committee would be grateful if the Government would furnish with its next report, copies of current collective agreements covering a number of different industries, including more particularly, those in which a large number of women work.

3. The Committee has noted that paragraph 10 of the Code of Practice set out in the Schedule to the Industrial Relations Act, 1996 states that: "Employment policies should have regard to the legislative requirements relating to non-discrimination in employment". Please indicate whether any measures have been taken, within the context of the application of the Act and its Code of Practice, to further the application of the equal pay provisions of the Employment Act, 1980 (sections 95 and 96).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Further to its previous comments, the Committee notes from the Government's report that the statistical data requested is not available, but that it will be supplied promptly once it has been collected. The Committee stresses the importance of providing information of this kind to enable an assessment of the extent of compliance with the Convention and looks forward to receiving the relevant material. In the meantime, please supply any publications, studies or other documents concerning the status of women in the country, which might contain information concerning the wage gap between men and women or be relevant in any way to the application of the Convention.

2. In its previous comments, the Committee drew attention to the fact that certain elements of remuneration ("weekly ration scales" in a collective agreement for the manufacturing and refining industry, and the "allocation of government quarters" in the public sector General Orders) could be seen to be payable only to male employees, workers or public servants, as the relevant provisions were not phased in gender-neutral language. Having noted the Government's assurances on this matter, the Committee would be grateful if the Government would furnish with its next report, copies of current collective agreements covering a number of different industries, including more particularly, those in which a large number of women work.

3. The Committee has noted that paragraph 10 of the Code of Practice set out in the Schedule to the Industrial Relations Act, 1996 states that: "Employment policies should have regard to the legislative requirements relating to non-discrimination in employment". Please indicate whether any measures have been taken, within the context of the application of the Act and its Code of Practice, to further the application of the equal pay provisions of the Employment Act, 1980 (sections 95 and 96).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous direct request, the Committee takes note of the Government's reports, in particular the information that while there is no statutory obligation for job appraisals, private companies are free to engage specialists in such evaluations.

1. The Committee notes the Government's statements that there is no progress in reducing the differential between wage rates for men and women because they already are paid equally for work of equal value; that wages are regulated through the tripartite Wages Council and there is no discrimination whatsoever in terms of the sex of the workers; and the Convention is applied successfully and there is no information on contraventions because there are none. The Committee recalls paragraph 253 of its 1986 General Survey on equal remuneration where it stated that it is hard to accept statements suggesting that the application of the Convention has not given rise to difficulties or that full effect is given to the Convention, without further details being provided. By its nature, by the way in which it develops, and as a result of the equivocal character of discrimination with regard to remuneration, the application of the principle of equal pay for work of equal value will necessarily unearth difficulties. The Committee accordingly again requests the Government to provide, in its next report, full information supporting its statements concerning the implementation of the Convention, including (i) public sector salary scales, with an indication of the percentage of women and men employed at the different levels; (ii) statistics on the minimum wage rates and actual average earnings of men and women, disaggregated, if possible by occupation, branch of activity and level of qualifications; and (iii) copies of current collective agreements, with, if possible, an indication of the percentage of women covered by such agreements in relation to men.

2. Recalling that its previous direct request had asked for clarification of the non-discriminatory payment of certain elements of remuneration ("weekly ration scales" in a collective agreement for the manufacturing and refining industry, and "allocation of government quarters" in the public sector General Orders), the Committee notes the Government's insistence on section 96 of the Employment Act of 1980 (which states that employers must pay equal remuneration for equal work). The Committee draws the Government's attention to paragraph 240 of its above-mentioned General Survey, where it advocates the use of the gender-neutral expression "spouse" in order to avoid discrimination that might arise from provisions which indirectly assume that the worker or public servant is a man, and thus permit payment of elements of remuneration to workers of one sex only. The Committee asks the Government to inform it whether the Labour Commissioner, who is responsible for enforcing the equal pay provision, has verified the two instances mentioned in the Committee's last direct request, with a view to ensuring that the parties to collective agreements use gender-neutral language and to verifying how government quarters are allocated without using the sex of the workers as the sole determining factor.

3. Noting that the Government refers to a 1995 Bill to amend the Employment Act, awaiting discussion by the tripartite committee of inquiry (mentioned in previous Government reports as having a mandate to examine all aspects of labour relations in the country) before being submitted to the competent authorities, the Committee requests the Government to inform it, in its next report, of progress in the passage of the Bill, and to supply a copy of the text once adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

With reference to its previous comments, the Committee notes from the report of the Government that, as the Labour Advisory Board had not been able to reach unanimity on the draft Industrial Relations Act (prepared with the assistance of the International Labour Office), the Minister for Labour and the Public Service has appointed a tripartite Commission of Inquiry to examine all aspects of labour relations in the country. The Committee hopes that the Government will be in a position to indicate in its next report that progress has been made on revising the country's labour legislation and that, in this context, measures will have been taken to further the application of the Convention both in law and in practice.

The Committee further notes the Government's assurance that the comments formulated on the application of the Convention will be taken into consideration when the final draft of the legislation is discussed. The Committee therefore hopes that the Government will be able to address the following specific points raised in its previous direct request and which have been outstanding for some time:

1. The Committee requests the Government to provide an explanation of the criteria and the procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989).

2. Noting that the third schedule "Weekly ration scale" to the collective agreement concluded for the Swaziland manufacturing and refining industry establishes different ration entitlements for married and single employees and that note (1) of the schedule defines a married employee to be "an employee who has registered a wife with the employing company subject to the registration rule, and whose wife is normally resident in the State with the employee", the Committee draws attention to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly whether in cash or in kind. It thus requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. As regards the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees, the Committee notes that the provisions concerning the allocation of government quarters (contained in the General Orders) refer to houses owned by an "officer and his wife" (sections A704, A705(4) and A706). The Committee thus requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary, but also any other additional emoluments whatsoever, including housing and family allowances).

4. The Committee also requests the Government to provide, in its next report, full information concerning the implementation of the Convention, including (i) the salary scales applying in the public sector, with an indication of percentages of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

5. The Committee requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes that the Government merely repeats that the observance of the principle of equal remuneration for work of equal value in all collective agreements will be considered in the course of amending the Industrial Relations and Employment Acts.

Noting that the Office submitted a technical memorandum to the Government on the revision of Swazi labour legislation, the Committee would ask it to inform it of any changes in national legislation which take into account this statement by the Government.

In addition, it would again ask the Government to give specific replies on the following points:

1. The Committee requests the Government to provide an explanation of the criteria and the procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989).

2. Noting that the Third Schedule "Weekly ration scale" to the collective agreement concluded for the Swaziland manufacturing and refining industry establishes different ration entitlements for married and single employees and that note (1) of the schedule defines a married employee to be "an employee who has registered a wife with the employing company subject to the registration rule, and whose wife is normally resident in the State with the employee", the Committee draws attention to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly whether in cash or in kind. It thus requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. As regards the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees, the Committee notes that the provisions concerning the allocation of government quarters (contained in the General Orders) refer to houses owned by an "officer and his wife" (sections A704, A705(4) and A706). The Committee thus requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary, but also any other additional emoluments whatsoever, including housing and family allowances).

4. The Committee also requests the Government to provide, in its next report, full information concerning the implementation of the Convention, including (i) the salary scales applying in the public sector, with an indication of percentages of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women employed in different occupations or sectors.

5. The Committee requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee requests the Government to provide an explanation of the criteria and procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be the case for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989). The Committee also requests the Government to indicate the categories in which women are mainly or predominantly employed under such agreements.

2. The Committee notes that the Third Schedule (clause 11) Weekly Ration Scale to the collective agreement concluded for the Swaziland Sugar Manufacturing and Refining Industry (which came into operation on 1 April 1989) establishes different ration entitlements for married and single employees. According to note (1) of the Schedule "a married employee is an employee who has registered a wife with the employing company subject to the relevant registration rules, and whose wife is normally resident on the estate with the employee". With reference to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly, whether in cash or in kind, the Committee requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. In its previous comment, the Committee requested the Government to supply more detailed information concerning the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees. The Committee notes, in this regard, that the provisions concerning the allocation of government quarters contained in the General Orders, refer to circumstances of houses owned by an "officer or his wife". (Sections A704 (Amendment No. A72 of April 1980); A705(4) (Amendment No. A32 of April 1976); A706 (Amendment No. A50 of November 1977).) Accordingly, the Committee requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary but any other additional emoluments whatsoever, including housing and family allowances) and also to supply copies of the relevant provisions of the General Orders.

4. With reference to its comments under Convention No. 111, the Committee requests the Government to consider, in the course of amending industrial and employment legislation pursuant to ILO assistance, the possibility of including a provision (in, for example, the Industrial Relations Act) requiring the negotiating parties in the public and private sectors to ensure observance of the principle of equal remuneration for work of equal value in all agreements.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes the information contained in the Government's report and the provisions of the collective agreements attached thereto.

1. The Committee requests the Government to provide an explanation of the criteria and procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be the case for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989). The Committee also requests the Government to indicate the categories in which women are mainly or predominantly employed under such agreements.

2. The Committee notes that the Third Schedule (clause 11) Weekly Ration Scale to the collective agreement concluded for the Swaziland Sugar Manufacturing and Refining Industry (which came into operation on 1 April 1989) establishes different ration entitlements for married and single employees. According to note (1) of the Schedule "a married employee is an employee who has registered a wife with the employing company subject to the relevant registration rules, and whose wife is normally resident on the estate with the employee". With reference to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly, whether in cash or in kind, the Committee requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. In its previous comment, the Committee requested the Government to supply more detailed information concerning the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees. The Committee notes, in this regard, that the provisions concerning the allocation of government quarters contained in the General Orders, refer to circumstances of houses owned by an "officer or his wife". (Sections A704 (Amendment No. A72 of April 1980); A705(4) (Amendment No. A32 of April 1976); A706 (Amendment No. A50 of November 1977).) Accordingly, the Committee requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary but any other additional emoluments whatsoever, including housing and family allowances) and also to supply copies of the relevant provisions of the General Orders.

4. With reference to its comments under Convention No. 111, the Committee requests the Government to consider, in the course of amending industrial and employment legislation pursuant to ILO assistance, the possibility of including a provision (in, for example, the Industrial Relations Act) requiring the negotiating parties in the public and private sectors to ensure observance of the principle of equal remuneration for work of equal value in all agreements.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its previous comments, the Committee has noted the information supplied by the Government in its report, as well as the enclosed text of the constitution and rules of the Havelock Mine Works Council.

1. The Committee notes the Government's statement in its report that there is no discrimination in wage rates between male and female workers even in wages which are above the legal minimum. It requests the Government to indicate in its next report what measures have been taken to ascertain that the principle of equal remuneration for work of equal value is indeed applied to wage rates that are above the legal minimum, including any additional benefits, such as housing and family allowances.

2. The Committee notes that the constitution and rules of the Havelock Mine Works Council include among the subjects for negotiation, "rates of pay for working" (section 9.1). The Committee hopes that the Government will supply with its next report a copy of any collective agreement made under these rules, as well as of those concluded in the banking industry and in other trades employing a significant number of women workers.

3. In respect of the civil service, the Committee notes the Government's statement that workers in the public sector are covered by the General Orders and that the provisions of the General Orders do not discriminate. In its previous direct request, the Committee noted that, according to an Amendment Order (No. A62 of 1 October 1978) of the Government General Orders, female staff are remunerated at the basic salary rates applying to all established posts or offices in the public service. Inasmuch as the definition of the term "remuneration" under the Convention (Article 1(a)) includes not only the basic salary but also any additional emoluments, the Committee again asks the Government to supply with its next report more detailed information of the manner in which the principle of equal remuneration (regarding not only the basic salary but also any other additional emoluments whatsoever, including housing and family allowances) is applied to workers in the public sector, and also to supply copies of the relevant legislation, such as the Government General Orders, including the above-mentioned Amendment Order of 1978.

4. The Committee notes that labour inspectors continue to inspect, inter alia, the books of employers and that they prosecute where necessary. It requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.

5. Recalling the Government's earlier indication that it had not been found necessary to promote the establishment of methods for objective appraisal of the work to be performed, as suggested by Article 3, paragraph 1, of the Convention, the Committee again requests the Government to indicate how the principle of equal remuneration is applied in practice where men and women perform different work of equal value. Referring in this respect to the explanations given in paragraphs 19 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, the Committee hopes that the Government's next report will contain details concerning any job evaluation system which is applied or being introduced in the public or private sectors.

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