Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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

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

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

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret 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:

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret 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:

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret 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. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is raising other points in a request addressed directly to the Government.

 

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

1. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

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

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU) of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness-raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It recalls the communication of the International Confederation of Free Trade Unions (ICFTU) of 30 October 2003, which raises a number of issues relating to application of the Convention, including the promotion and effective enforcement of equal remuneration legislation. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain a reply to the comments made by the ICFTU and full information on the matters raised in the Committee’s previous direct requests, which read as follows:

1. Referring to its previous request concerning the status of section 2(3) of Equal Rights Act No. 19 of 1990, the Committee notes that the Act has not yet been amended and it hopes to see progress soon on the action taken to that end.

2. The Committee notes the Government’s statement that the minimum wage orders and government employees’ salary scales all provide for equal remuneration, and asks the Government to provide copies of relevant minimum wage orders. With reference to its 1998 general observation, the Committee once again asks the Government to provide, in its next report, any available statistical data, including government employees’ salary scales, relating to equal remuneration for women and men for work of equal value.

3. With regard to the measures taken or envisaged to promote and supervise the application of the Prevention of Discrimination Act No. 26 of 1997, the Committee notes that the Government has omitted to provide such information in its report. It therefore has to reiterate its request to provide such information, as it relates to equal remuneration for men and women for work of equal value, including the activities undertaken by the labour inspectorate and the methods used in such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions of both Act No. 26 of 1997 and Act No. 19 of 1990.

4. Noting the Government’s statement that its ensures that all collective labour agreements signed by the employers’ and workers’ organizations comply with the principle of the Convention and the relevant national laws on equality, the Committee would be grateful if the Government would supply copies of any collective labour agreements that contain provisions ensuring or promoting the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide any other information indicating the specific role played by the social partners in promoting the understanding and application of the Convention and the relevant laws on equality.

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

The Committee notes the Government’s report. It also notes the communication dated 29 October 2003 received from the International Confederation of Free Trade Unions (ICFTU), which has been sent to the Government. The Committee will examine the ICFTU’s comments as well as the Government’s observations thereon at its next session.

1. Referring to its previous request concerning the status of section 2(3) of Equal Rights Act No. 19 of 1990, the Committee notes that the Act has not yet been amended and it hopes to see progress soon on the action taken to that end.

2. The Committee notes the Government’s statement that the minimum wage orders and government employees’ salary scales all provide for equal remuneration, and asks the Government to provide copies of relevant minimum wage orders. With reference to its 1998 general observation, the Committee once again asks the Government to provide, in its next report, any available statistical data, including government employees’ salary scales, relating to equal remuneration for women and men for work of equal value.

3. With regard to the measures taken or envisaged to promote and supervise the application of the Prevention of Discrimination Act No. 26 of 1997, the Committee notes that the Government has omitted to provide such information in its report. It therefore has to reiterate its request to provide such information, as it relates to equal remuneration for men and women for work of equal value, including the activities undertaken by the labour inspectorate and the methods used in such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions of both Act No. 26 of 1997 and Act No. 19 of 1990.

4. Noting the Government’s statement that its ensures that all collective labour agreements signed by the employers’ and workers’ organizations comply with the principle of the Convention and the relevant national laws on equality, the Committee would be grateful if the Government would supply copies of any collective labour agreements that contain provisions ensuring or promoting the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide any other information indicating the specific role played by the social partners in promoting the understanding and application of the Convention and the relevant laws on equality.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information provided in the Government’s report. The Committee notes with interest that, according to the Government’s statement, section 9 of the Prevention of Discrimination Act No. 26 of 1997, which imposes the obligation on every employer, or person acting on behalf of such employer, to pay equal remuneration to men and women performing work of equal value, takes precedence over section 2(3) of the Equal Rights Act No. 19 of 1990 which refers to "equal remuneration for the same work or work of the same nature", which is a narrower concept than that required by the Convention. Nevertheless, the Committee hopes that Act No. 19 of 1990 will be amended to provide expressly for its precedence over the earlier Act in the event of conflict. The Committee requests information on the action taken to that end.

2. The Committee reiterates its request to the Government to indicate any measures taken or envisaged to promote and supervise the application of Act No. 26 of 1997 as it relates to equal remuneration for men and women workers performing work of equal value, including activities undertaken by the labour inspectorate and the methods used in any such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions both of Act No. 26 of 1997 and Act No. 19 of 1990.

3. Recalling the importance of the role of the social partners, the Committee requests information on any activities undertaken by employers’ and workers’ organizations to promote understanding and application of the Convention and the relevant national laws on equality.

4. With reference to its general observation of 1998, the Committee also asks the Government to provide, in its next report, any available statistical data relating to equal remuneration for women and men for work of equal value.

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

The Committee notes the information provided in the Government's report.

1. Further to its observation, the Committee notes that section 28 of the Prevention of Discrimination Act, No. 26 of 1997 stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990. The Committee recalls that section 2(3) of the Equal Rights Act provides for women and men to be paid "equal remuneration for the same work or work of the same nature". In the Committee's view, section 2(3) of the Equal Rights Act would appear to restrict the application of equal remuneration to the same work or work of the same nature -- a concept which is narrower than that required in the Convention and enshrined in section 9 of Act No. 26 of 1997. Since the latter fully incorporates the provisions of the Convention, the Committee requests the Government to resolve any conflict between the two Acts in a manner that would ensure that Act No. 26 would take precedence over the Equal Rights Act.

2. The Government is requested to indicate any measures taken or envisaged to promote and supervise the application of the new Act as it relates to equal remuneration for men and women workers, including activities undertaken by the Chief Labour Officer. Please also supply information on court decisions based on the equal pay provisions both of Act No. 26 of 1997 and the Equal Rights Act of 1990.

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

The Committee notes with interest the adoption of the Prevention of Discrimination Act, No. 26 of 1997, which applies to both the private and public sectors. It notes that section 9 of the Act imposes the obligation on every employer, or person acting on behalf of such employer, to pay equal remuneration to men and women performing work of equal value. Section 2 defines equal remuneration as the rates of remuneration that have been established without differentiation based on the grounds of sex and defines work of equal value in terms of the demands it makes in relation to such matters as skill levels, duties, physical and mental efforts, responsibility and conditions of work. The Committee also notes with interest that section 2(o) of the Act defines "remuneration" in broad terms, as required in Article 1 of the Convention, and that section 9, paragraph 3, places the burden of proof for establishing that equal remuneration has been paid on the employer.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information provided by the Government in its report.

2. The Committee notes with interest that the Equal Rights Act, 1990 - which makes provision for the enforcement of article 29 of the Constitution - has amended a number of enactments by, inter alia, substituting with gender-neutral language those provisions which formerly gave only men the right to certain allowances, grants and payments. The Committee requests the Government to indicate the date on which the Equal Rights Act entered into force.

3. The Committee notes that section 2(3) of the Equal Rights Act provides for women and men to be paid "equal remuneration for the same work or work of the same nature". As this formulation of the principle of equal remuneration appears to be narrower than that enshrined in the Convention - which calls for equal remuneration for "work of equal value" - the Committee requests the Government to provide information on the way in which the national provision is applied in practice. Noting, in addition, that section 5(2)(a) empowers the Minister to make regulations concerning "the principles for determining whether any work is of the same nature as any other work, or for specifying that any work is of the same nature as any other work", the Committee requests the Government to provide copies of any such regulations enacted. Referring to its previous comments concerning the measures taken to apply the principle of equal remuneration in respect of wages paid above the legal minimum, the Committee also notes with interest that section 2(10) of the Act defines "remuneration" in broad terms, as required by Article 1(a) of the Convention. The Committee would be grateful if the Government would supply, in its next report, detailed information on all measures taken to promote and enforce those provisions of the Equal Rights Act which relate to the application of the Convention.

4. The Committee notes that the job evaluation exercise being undertaken in the public service is likely to be linked with a public administration programme sponsored by the World Bank. The Committee requests the Government to provide full information on the eventual outcome of this job evaluation indicating, in particular, the criteria used and the classifications and corresponding wage scales determined.

5. The Committee notes that the statistical information requested in paragraph 2 of the 1994 direct request is not at present being compiled. The Committee hopes that the work of the Statistical Bureau will be resumed soon and that the Government will be in a position to provide the data in its future reports.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with satisfaction that section 24(2)(f) of the Factories Act (which empowered the Minister of Labour to issue regulations establishing different rates of remuneration for men and women and young persons for overtime work) has been amended by the Equal Rights Act, 1990 to substitute the word "adults" for the words "men and women".

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

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. With regard to the practical application of the principle of equal remuneration for work of equal value, the Committee notes that, according to the Government, minimum wages are set by the Government for workers who are not unionized, without any distinction between male and female workers. The Committee requests the Government to indicate how the principle of equal remuneration for work of equal value is applied in respect of wages which are higher than the legal minimum.

2. The Committee notes that the labour inspection services ensure that employers comply with the wages prescribed. The Committee would be grateful if the Government would provide statistical information in its next report to enable it to ascertain how the principle of equal remuneration for work of equal value (and not only for equal work, as laid down in article 22 of the Constitution) is applied in practice, and particularly statistical data concerning minimum wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors, and on the activities of the labour inspectorate relating to supervision of the application of the principle of equal remuneration for work of equal value.

3. The Committee notes that the Government is presently conducting a job evaluation exercise in the public service. It would be grateful if the Government would provide information on progress made in this area and on the impact of this evaluation on the implementation of the Convention.

4. The Committee notes the indication that the amendment of section 24(2)(f) of the Factories Act (which empowers the Minister to issue regulations establishing different rates of remuneration for men and women for overtime) is still under consideration. The Committee notes that the Government has been referring to the examination of this amendment since 1989 and trusts that it will be in a position to provide a copy of the amended text with its next report.

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

The Committee notes the information and documents supplied by the Government in response to its previous direct requests.

1. With regard to the practical application of the principle of equal remuneration for work of equal value, the Committee notes that, according to the Government, minimum wages are set by the Government for workers who are not unionized, without any distinction between male and female workers. The Committee requests the Government to indicate how the principle of equal remuneration for work of equal value is applied in respect of wages which are higher than the legal minimum.

2. The Committee notes that the labour inspection services ensure that employers comply with the wages prescribed. The Committee would be grateful if the Government would provide statistical information in its next report to enable it to ascertain how the principle of equal remuneration for work of equal value (and not only for equal work, as laid down in article 22 of the Constitution) is applied in practice, and particularly statistical data concerning minimum wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors, and on the activities of the labour inspectorate relating to supervision of the application of the principle of equal remuneration for work of equal value.

3. The Committee notes that the Government is presently conducting a job evaluation exercise in the public service. It would be grateful if the Government would provide information on progress made in this area and on the impact of this evaluation on the implementation of the Convention.

4. The Committee notes the indication that the amendment of section 24(2)(f) of the Factories Act (which empowers the Minister to issue regulations establishing different rates of remuneration for men and women for overtime) is still under consideration. The Committee notes that the Government has been referring to the examination of this amendment since 1989 and trusts that it will be in a position to provide a copy of the amended text with its next report.

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

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:

The Committee notes the information supplied by the Government in reply to its previous comments.

1. It notes that no judicial or administrative decisions have been issued concerning the interpretation and application of article 22 of the Constitution which enshrines the principle of equal wages for equal work. The Committee again notes the Government's statement that the principle of equality has been accepted as a matter of custom and practice and that no distinction is made between men and women workers in matters of remuneration. The Committee requests the Government to supply any available information from the labour inspection services which would illustrate how Convention No. 100 is applied in practice, in particular as concerns its requirement that equal remuneration be paid for work of equal value and not only for equal work.

2. The Committee also notes the statement that rates of remuneration are determined through job evaluation and through collective agreements. The Government indicates that efforts are being made to supply a copy of these collective agreements and evaluations. The Committee requests the Government to supply this information with its next report and to provide information on the application of the principle of equality of remuneration for jobs which have not been evaluated and are not in an occupational sector covered by a collective agreement.

3. The Committee notes the indication in the report concerning the efforts being made to bring section 24(2)(f) of the Factories Act, under which the Minister is empowered to issue regulations establishing different rates of remuneration for men and women for overtime, into conformity with the Convention. It requests the Goverment to supply detailed information on the progress achieved in this respect.

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

The Committee notes the information supplied by the Government in reply to its previous comments.

1. It notes that no judicial or administrative decisions have been issued concerning the interpretation and application of article 22 of the Constitution which enshrines the principle of equal wages for equal work. The Committee again notes the Government's statement that the principle of equality has been accepted as a matter of custom and practice and that no distinction is made between men and women workers in matters of remuneration. The Committee requests the Government to supply any available information from the labour inspection services which would illustrate how Convention No. 100 is applied in practice, in particular as concerns its requirement that equal remuneration be paid for work of equal value and not only for equal work.

2. The Committee also notes the statement that rates of remuneration are determined through job evaluation and through collective agreements. The Government indicates that efforts are being made to supply a copy of these collective agreements and evaluations. The Committee requests the Government to supply this information with its next report and to provide information on the application of the principle of equality of remuneration for jobs which have not been evaluated and are not in an occupational sector covered by a collective agreement.

3. The Committee notes the indication in the report concerning the efforts being made to bring section 24(2)(f) of the Factories Act, under which the Minister is empowered to issue regulations establishing different rates of remuneration for men and women for overtime, into conformity with the Convention. It requests the Goverment to supply detailed information on the progress achieved in this respect.