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Equal Remuneration Convention, 1951 (No. 100) - Saint Lucia (Ratification: 1983)

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

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal. The Committee notes that, in its “Report on the comprehensive national level review of the status of implementation of the Beijing Declaration and Platform for Action” (Beijing+25 report) of 2019, the Government indicated that women continue to account for the larger percentage of the poor. As indicated in the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018: (1) in all occupations except clerical support workers and technicians and associate professionals, men earn more than women; and (2) despite section 270 of the Labour Act which states that men and women must be paid equal remuneration for performing work of equal value, gender pay gaps persist (see the Committee’s observation in this regard).
Article 1(b) and (2) of the Convention. Equal remuneration for men and women for work of equal value. Agricultural sector, including banana plantations. The Committee noted the Government’s statement, in its previous report, that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers, while tasks executed by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to: (i) ensure that the criteria used and the weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias; and (ii) eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Article 2(2)(b). Minimum wages. The Committee notes that for years it has been asking the Government about the activities of the Minimum Wages Commission. It recalls that the setting of minimum wages is an important means by which the Convention is applied as women predominate in low-wage employment. A uniform national minimum wage system helps to raise the earnings of the lowest paid and thus has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. However, minimum wages are often set at the sectoral level or in respect of employees and there is a tendency to set lower wages for sectors predominantly employing women. The Committee recalls that in the case of minimum wage fixing at the sector level, 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 (see 2012 General Survey on the fundamental Conventions, paragraph 683).  The Committee requests the Government to indicate the measures adopted by the Minimum Wages Commission to ensure minimum wage rates for specified groups of employees or sectors are fixed, based on objective criteria, free from gender bias, 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. It also asks the Government to provide copies of any Minimum Wage Orders adopted for specified groups or sectors.
Article 3. Objective job evaluation. In its previous comment, the Committee noted the Government’s statement that the evaluation methods used in consultation with trade unions were aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages. The Committee asks the Government to provide information on the measures taken to ensure that the methods used are free from gender bias. It also asks the Government to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Enforcement. Labour inspection. In its last report in 2014, the Government had indicated that the Labour Department was in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Statistics. In its previous comment, the Committee noted, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee also notes the assessment made in the above-mentioned “Gender at Work in the Caribbean – Country report: Saint Lucia” report which found important gaps in strategic information in relation to gender issues, such as, inter alia: (1) the paucity of sex-disaggregated data on informal employment and part-time work in surveys related to the world of work; and (2) the absence of publicly accessible sex-disaggregated data on complaints brought to the Labour Commissioner or Labour Tribunal on matters of gender discrimination in employment. In view of the above, the Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes with deep concern that the Government’s report, due since 2014, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.
The Committee notes that, in its 2019 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicated that: (1) according to a national report of living conditions published in 2016, the labour force rates for women continued to be lower than for men (68.1 per cent compared to 81.8 per cent) with lower earnings for women in almost every case; and (2) although the rate of participation of women in the economy was increasing, it was still lower than that of men, with an increasing tendency towards job segregation reinforced by gender stereotypes. Despite a stronger educational performance of females – which could be expected to result in higher incomes than for males – a 2015 report from UN Women stated that women in Saint Lucia continued to be paid, on average, 10 per cent less than their male peers. According to the “Gender at Work in the Caribbean – Country report: Saint Lucia” published by the ILO Decent Work Team and Office for the Caribbean in 2018, this suggests systematic barriers to higher earnings, including discrimination.
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see 2012 General Survey on the fundamental Conventions, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee also notes with regret that the Labour Code (Amendment) Act No. 6 of 2011 did not repeal the existing laws and regulations establishing differential wage rates for men and women, nor did it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Minimum wages. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see 2012 General Survey on the fundamental Conventions, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters 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 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Minimum wages. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see 2012 General Survey on the fundamental Conventions, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2010.
Repetition
Minimum wages. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see 2012 General Survey on the fundamental Conventions, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Minimum wages. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see General Survey on the fundamental Conventions, 2012, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.
Repetition
Minimum wages. The Committee notes the Government’s statement that, as of September 2010, the Minimum Wage Commission had met on a continual basis and would soon provide a report to the Minister of Labour. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see General Survey on the fundamental Conventions, 2012, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters 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 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Minimum wages. The Committee notes the Government’s statement that, as of September 2010, the Minimum Wage Commission had met on a continual basis and would soon provide a report to the Minister of Labour. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see General Survey on the fundamental Conventions, 2012, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters 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 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
Minimum wages. The Committee notes the Government’s statement that, as of September 2010, the Minimum Wage Commission had met on a continual basis and would soon provide a report to the Minister of Labour. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.
Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.
Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.
Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.
Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, contains no definition of the term “remuneration”. The Committee notes the adoption of the Labour Code (Amendment) Act No. 6 of 2011, which amends section 95 of the Labour Code of 2006 to include the definition of “total remuneration” as “all basic wages which the employee is paid or is entitled to be paid by his or her employer in respect of labour performed or services rendered by him or her for his or her employer during that period of employment”. The Committee notes that section 2 of the Labour Code, continues to exclude overtime payments, commissions, service charges, lodging, holiday pay and other allowances from the definition of wages. The Committee recalls that the Convention sets out a very broad definition of “remuneration” in Article 1(a) which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment” (see General Survey on the fundamental Conventions, 2012, paragraph 686). The Committee asks the Government to take the necessary measures to further amend section 95 of the Labour Code in order to ensure that at least for the purposes of the application of the principle of the Convention the concept of remuneration covers not only the basic wages, but also any additional benefit or allowance arising out of the worker’s employment.
Different wages and benefits for women and men. The Committee notes with regret that despite the Government’s previous announcement in this respect, the Labour Code (Amendment) Act No. 6 of 2011 does not repeal the existing laws and regulations establishing differential wage rates for men and women, nor does it revoke the Contract of Service Act which provides for different ages for men and women with respect to entitlement to severance pay. The Committee urges the Government to take measures without delay to ensure that all laws and regulations are repealed which contain differential wages for men and women, as well as the Contract of Service Act, which provides for different ages for men and women with respect to entitlement to severance pay. The Committee requests the Government to provide information on any development in this regard.
The Committee is raising other matters in a request addressed directly to the Government.

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

Minimum wages. The Committee notes the Government’s statement that, as of September 2010, the Minimum Wage Commission had met on a continual basis and would soon provide a report to the Minister of Labour. The Committee hopes that the new Minimum Wage Commission will ensure and promote the application of the Convention, and asks the Government to submit a copy of the report of the Minimum Wage Commission.

Objective job evaluation. The Committee notes the Government’s statement that the evaluation methods used in consultation with trade unions are aimed at addressing grades and scales to ensure that pay is a reflection of the work done. In some cases, this had led to increases in women’s wages; for example, in the town and village council where, apparently, pay differentials existed, trade unions have assisted management in correcting this inequality. The Committee asks the Government to provide further details on the criteria used in the context of the job evaluation exercises in the town and village council, including the measures taken to ensure that the methods used are free from gender bias. Please continue to provide examples of job evaluation exercises in private and public sector establishments, where available, and an indication on whether these have had an impact on reducing existing wage differentials between men and women.

Labour inspection. The Committee notes the Government’s statement that the Labour Department is in the process of enhancing the labour inspection programme with a view to improving its effectiveness in enforcing principles of equality. Please provide further details on the specific activities undertaken to increase the awareness and capacity of the labour inspection services to enforce and promote the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act.

The Committee notes that the Government’s report contains no reply to other issues in its previous comments. It hopes that the next report will contain full information on the following points raised in its previous direct request, which read as follows.

Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.

Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

The Committee notes that the Government’s report contains no reply to its previous comments. 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 observation, which read as follows:

Definition of remuneration. The Committee recalls the absence of a definition of the term “remuneration” in the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value. The Committee notes the Government’s reply that the new Labour Code, which was the subject of final consultations with the social partners in 2008, will contain a broader definition of remuneration in accordance with Article 1(a) of the Convention. Noting the Government’s statement that it is moving forward to giving effect to the new Labour Code, the Committee asks the Government to confirm that the new Labour Code has been adopted and has entered into force, and that it defines “remuneration” in accordance with the Convention. Please also provide a copy of the Labour Code. The Committee also asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in the new Labour Code.

Different wages and benefits for women and men. The Committee recalls that the Contracts of Service Act provides for different ages for men and women with respect to entitlement to severance pay. It also recalls its previous comments regarding the existence of certain laws and regulations establishing differential wage rates for men and women, contrary to the Convention. The Committee notes the Government’s statement that the differences in ages between men and women with regard to severance pay have been corrected in the new Labour Code. Recalling the Government’s previous statements that the Contracts of Service Act would be revoked with the adoption of the new Labour Code, the Committee asks the Government to confirm that all legislation containing wage differentials for men and women, including the Contracts of Service Act, has been revoked.

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 2009, published 99th ILC session (2010)

Minimum wages. The Committee notes the Government’s statement that it is in the process of establishing a new Minimum Wages Commission. The Committee hopes that the new Minimum Wages Commission will ensure and promote the application of the principle of the Convention, and asks the Government to provide information on the progress made in this regard.

Agricultural sector, including banana plantations. The Committee notes the Government’s statement that remuneration in the agricultural sector is generally determined by task and availability of labour. Labour-intensive tasks are usually higher paid and generally attract male workers; tasks done by both male and female workers are paid the same. The Committee recalls that the principle of equal remuneration for work of equal value includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. It draws the attention of the Government to the fact that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. Particular care must be taken to ensure that skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills, such as labour-intensive work or heavy lifting. The Committee asks the Government to provide information on the measures taken to ensure that the criteria used and weighing of factors to determine wages in the agricultural sector are non-discriminatory and free from gender bias. It also encourages the Government to take steps to eliminate any stereotyped assumptions regarding women’s ambitions, preferences and capabilities, tending to exclude them from higher paid jobs in the agricultural sector, and to report on the progress made in this regard.

Objective job evaluation. The Committee notes the Government’s indication that some establishments in consultation with the trade unions are conducting objective job evaluation. The Committee asks the Government to provide further information on the job evaluation methods used in these establishments, and provide examples of job evaluation exercises, where available. Please also indicate whether these have had any impact on reducing existing wage differentials between men and women in the said establishments.

Labour inspection In the absence of any further information on this point, the Committee asks the Government to provide information on the measures taken to increase the awareness and capacity of the labour inspection services to promote and enforce the principle of equal remuneration for men and women for work of equal value contained in the Equality of Opportunity and Treatment Act, 2000.

Statistics. The Committee notes, once again, the absence in the Government’s report of any statistics disaggregated by sex regarding workers at different grades or wage scales. The Committee asks the Government to take concrete steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to report on the progress made in this regard.

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

Definition of remuneration. The Committee recalls the absence of a definition of the term “remuneration” in the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value. The Committee notes the Government’s reply that the new Labour Code, which was the subject of final consultations with the social partners in 2008, will contain a broader definition of remuneration in accordance with Article 1(a) of the Convention. Noting the Government’s statement that it is moving forward to giving effect to the new Labour Code, the Committee asks the Government to confirm that the new Labour Code has been adopted and has entered into force, and that it defines “remuneration” in accordance with the Convention. Please also provide a copy of the Labour Code. The Committee also asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in the new Labour Code.

Different wages and benefits for women and men. The Committee recalls that the Contracts of Service Act provides for different ages for men and women with respect to entitlement to severance pay. It also recalls its previous comments regarding the existence of certain laws and regulations establishing differential wage rates for men and women, contrary to the Convention. The Committee notes the Government’s statement that the differences in ages between men and women with regard to severance pay have been corrected in the new Labour Code. Recalling the Government’s previous statements that the Contracts of Service Act would be revoked with the adoption of the new Labour Code, the Committee asks the Government to confirm that all legislation containing wage differentials for men and women, including the Contracts of Service Act, has been revoked.

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

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

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 Government’s statement that the Minimum Wages Commission – set up in early 2006 and dissolved in December of the same year when the new Government came to power – did not establish any minimum wages, and a new commission has not yet been set up. The Committee recalls that minimum wages are an important means of applying the Convention, and asks the Government to indicate any measures taken to establish a new mechanism to determine minimum wages and to ensure that the principle of the Convention is respected in the process of setting minimum wages.

2. Agricultural sector, including banana plantations. The Committee notes the Government’s indication that there are currently no collective agreements in force in the agricultural sector. The Committee, therefore, asks the Government to provide information on the manner in which remuneration is determined in this sector and on the measures in place to ensure that no differential wage rates are applied for men and women for work of equal value.

3. Objective job evaluation. The Committee asked the Government previously for information on measures taken to promote objective job evaluation, in particular through collective bargaining. Given the absence of a response on this matter, the Committee again asks the Government for information on measures taken to promote objective job evaluation in the private sector, and in particular through the collective bargaining process. The Committee also asks the Government to provide samples of collective agreements applying the principle of equal remuneration for work of equal value.

4. Labour inspection. The Committee once again asks the Government to provide information on labour inspections, including the number of violations of the principle of equal remuneration addressed through inspections, and the action taken to remedy such violations.

5. Statistics. Noting the Government’s statement that there are no statistics disaggregated by sex regarding workers at different grades or wage scales, the Committee recalls the importance of such statistics in assessing the application of the Convention in practice. The Committee, therefore, asks the Government to take steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to keep the Committee informed of any progress made in this regard.

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

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

1. Definition of remuneration. The Committee noted previously that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value, did not define the term “remuneration”. The Government in response, points to the provision of the Act which provides that “equal remuneration” means rates of remuneration that have been established without differentiation based on the grounds of gender” (section 6(2)). While acknowledging the importance of this provision in applying the principle of the Convention, the Committee notes that it does not define “remuneration”, which pursuant to Article 1(a) of the Convention, is very broad, including “the ordinary, basic or minimum wage or salary, and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in Article 1(a) of the Convention, and to provide any administrative or court decisions in this respect.

2. Different wage rates for women and men. The Committee has been commenting for a number of years on the existence of legislation establishing different wage rates for men and women, which is clearly a violation of the Convention, and asking that all laws and regulations containing different wage rates for men and women be repealed. Regretting that the Government provides no information on this point, the Committee urges the Government to ensure that all laws and regulations containing differential wages for men and women are repealed. Recalling the Government’s previous indication that older legislation stipulating different wage rates for men and women would be revoked with the adoption of the new Labour Code, the Committee urges the Government to confirm its intention to adopt the new Code without delay. Please keep the Committee informed of progress in this regard, and forward a copy of the Code upon its adoption.

3. Contracts of Service Act and Factories Regulations. In its previous comments, the Committee noted that there were different ages for men and women with respect to entitlement to severance pay pursuant to the Contracts of Service Act. It also raised concerns regarding the provisions of the Factories Regulations, which single out women and young boys for exclusion from certain jobs. The Government indicates that pursuant to the draft Labour Code, there would no longer be different ages for men and women with respect to entitlement to severance pay, but that the Factories Regulations remain in force. The Committee hopes that the Contracts of Service Act will be brought into conformity with the Convention soon, and asks the Government to consider amending the Factories Regulations Act, and to keep the Committee informed of steps taken in this regard.

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)

1  Minimum wages. The Committee notes the Government’s statement that the Minimum Wages Commission – set up in early 2006 and dissolved in December of the same year when the new Government came to power – did not establish any minimum wages, and a new commission has not yet been set up. The Committee recalls that minimum wages are an important means of applying the Convention, and asks the Government to indicate any measures taken to establish a new mechanism to determine minimum wages and to ensure that the principle of the Convention is respected in the process of setting minimum wages.

2. Agricultural sector, including banana plantations. The Committee notes the Government’s indication that there are currently no collective agreements in force in the agricultural sector. The Committee, therefore, asks the Government to provide information on the manner in which remuneration is determined in this sector and on the measures in place to ensure that no differential wage rates are applied for men and women for work of equal value.

3. Objective job evaluation. The Committee asked the Government previously for information on measures taken to promote objective job evaluation, in particular through collective bargaining. Given the absence of a response on this matter, the Committee again asks the Government for information on measures taken to promote objective job evaluation in the private sector, and in particular through the collective bargaining process. The Committee also asks the Government to provide samples of collective agreements applying the principle of equal remuneration for work of equal value.

4. Labour inspection. The Committee once again asks the Government to provide information on labour inspections, including the number of violations of the principle of equal remuneration addressed through inspections, and the action taken to remedy such violations.

5. Statistics. Noting the Government’s statement that there are no statistics disaggregated by sex regarding workers at different grades or wage scales, the Committee recalls the importance of such statistics in assessing the application of the Convention in practice. The Committee, therefore, asks the Government to take steps to put in place a system for the collection and analysis of statistics, disaggregated by sex, in line with the Committee’s 1998 general observation on this matter, and to keep the Committee informed of any progress made in this regard.

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

1. Definition of remuneration. The Committee noted previously that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value, did not define the term “remuneration”. The Government in response, points to the provision of the Act which provides that “equal remuneration” means rates of remuneration that have been established without differentiation based on the grounds of gender” (section 6(2)). While acknowledging the importance of this provision in applying the principle of the Convention, the Committee notes that it does not define “remuneration”, which pursuant to Article 1(a) of the Convention, is very broad, including “the ordinary, basic or minimum wage or salary, and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in Article 1(a) of the Convention, and to provide any administrative or court decisions in this respect.

2. Different wage rates for women and men. The Committee has been commenting for a number of years on the existence of legislation establishing different wage rates for men and women, which is clearly a violation of the Convention, and asking that all laws and regulations containing different wage rates for men and women be repealed. Regretting that the Government provides no information on this point, the Committee urges the Government to ensure that all laws and regulations containing differential wages for men and women are repealed. Recalling the Government’s previous indication that older legislation stipulating different wage rates for men and women would be revoked with the adoption of the new Labour Code, the Committee urges the Government to confirm its intention to adopt the new Code without delay. Please keep the Committee informed of progress in this regard, and forward a copy of the Code upon its adoption.

3. Contracts of Service Act and Factories Regulations. In its previous comments, the Committee noted that there were different ages for men and women with respect to entitlement to severance pay pursuant to the Contracts of Service Act. It also raised concerns regarding the provisions of the Factories Regulations, which single out women and young boys for exclusion from certain jobs. The Government indicates that pursuant to the draft Labour Code, there would no longer be different ages for men and women with respect to entitlement to severance pay, but that the Factories Regulations remain in force. The Committee hopes that the Contracts of Service Act will be brought into conformity with the Convention soon, and asks the Government to consider amending the Factories Regulations Act, and to keep the Committee informed of steps taken in this regard.

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

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:

Recalling its previous observation in which it had requested the Government to indicate the steps taken to amend the Agricultural Workers (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government once again to indicate whether the Order of 1997 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Recalling also the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on these matters, as well as on the points raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term “remuneration”, but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and “such other basic conditions, as the nature of the case may require”, the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to “any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”.

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.

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

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:

Recalling its previous observation in which it had requested the Government to indicate the steps taken to amend the Agricultural Workers (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government once again to indicate whether the Order of 1997 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Recalling also the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on these matters, as well as on the points raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term "remuneration", but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and "such other basic conditions, as the nature of the case may require", the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment".

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. Recalling its previous observation in which it had requested the Government to indicate the steps taken to amend the Agricultural Workers (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government once again to indicate whether the Order of 1997 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Recalling also the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on these matters, as well as on the points raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term "remuneration", but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and "such other basic conditions, as the nature of the case may require", the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment".

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.

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

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. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term "remuneration", but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and "such other basic conditions, as the nature of the case may require", the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment".

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.

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

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

The Committee welcomes the fact that, in response to repeated direct requests and observations by the Committee of Experts, Saint Lucia has undertaken a number of measures to apply the Convention: it has enacted legislation embodying the principle of the Convention, revoked laws that had fixed separate wages for women and men workers, and taken steps to ensure that collective bargaining agreements in the agricultural sector no longer set forth wage rates differentiated on the basis of sex.

The Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which enshrines the principle of the Convention and revokes both the Agricultural Worker (Minimum Wage) Order, 1970, and the Agricultural Worker (Minimum Wage) (Amendment) Order, 1979, which contained separate wage rates for men and women. Recalling that, in its previous comments, the Committee had asked the Government to indicate what steps it had taken to amend the Agricultural Worker (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government to confirm whether the Order of 1977 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Further noting the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible.

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 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report.

1. Article 1 of the Convention. The Committee notes that section 6 of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, uses the term "remuneration", but does not define it. It asks the Government to indicate how the term remuneration is defined and applied under section 6 of said Act. Further, the Committee notes the adoption of the Minimum Wage Act, 1999. Noting in particular that the Minimum Wage Commission established under the Minimum Wage Act may issue recommendations to the minister respecting a minimum wage, paid holidays, sick leave and "such other basic conditions, as the nature of the case may require", the Committee asks requests the Government to indicate how it ensures the principle of equal remuneration for work of equal value with respect not only to the terms of employment noted above, but also to "any emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment".

2. The Committee notes the Government’s statement that collective agreements in the agricultural sector no longer establish separate wages for men and women. The Government also indicates that the situation on the banana plantations, where most of the discriminatory wage rates existed, was being corrected so as to conform to the principle of the Convention. In this connection the Committee asks the Government to confirm whether any discriminatory collective agreements covering the banana plantations remain in force. It asks the Government to also provide copies of collective agreements currently in force in the agricultural sector, together with statistical data, disaggregated by sex and occupation, respecting the number of workers covered by these collective agreements.

3. Referring to its 1990 direct request, wherein the Committee noted that the Contracts of Services Act, 1970, provides in section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60, the Committee asks the Government to indicate what consideration has been given to bringing this legislation into conformity with the Convention. Also, please confirm whether the Factory Regulations Act, 1978, remains in force.

4. The Committee notes the Government’s statement that the Minimum Wage Commission establishes wage rates based on the objective requirements of the job, and that in other cases labour unions have actually sat with employers in the process of determining wage rates. The Committee asks the Government to provide further information on the criteria used by the Minimum Wage Commission in establishing wage rates and to indicate the measures taken to promote objective job appraisals in the collective bargaining process.

5. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public service. Also, please provide copies of the wage scales applied to the public service, including statistical data disaggregated by sex respecting the number of workers at each of the posts provided for in the wage scales.

6. The Committee requests the Government to provide information on labour inspections, the number of violations of the principle of equal remuneration discovered by the inspections, and the actions taken to remedy said violations.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee welcomes the fact that, in response to repeated direct requests and observations by the Committee of Experts, Saint Lucia has undertaken a number of measures to apply the Convention: it has enacted legislation embodying the principle of the Convention, revoked laws that had fixed separate wages for women and men workers, and taken steps to ensure that collective bargaining agreements in the agricultural sector no longer set forth wage rates differentiated on the basis of sex.

2. In particular, the Committee notes with interest the adoption of the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which enshrines the principle of the Convention and revokes both the Agricultural Worker (Minimum Wage) Order, 1970, and the Agricultural Worker (Minimum Wage) (Amendment) Order, 1979, which contained separate wage rates for men and women. Recalling that, in its previous comments, the Committee had asked the Government to indicate what steps it had taken to amend the Agricultural Worker (Minimum Wage) (Amendment) Order of 1977, the Committee asks the Government to confirm whether the Order of 1977 has been revoked by operation of the revocation of the principal minimum wage order of 1970. Further noting the Government’s indication that older legislation stipulating different wage rates for men and women will be revoked with the adoption of the new Labour Code, the Committee asks the Government to supply a copy of the Code upon its adoption and expresses its hope that all other laws and regulations containing differential wages for men and women will be repealed as soon as possible.

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

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

The Committee notes with regret that, for the ninth consecutive time, the Government’s report has not been received. It trusts 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 observation which reads as follows:

1.  Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates (in collective agreements) are not differentiated on the basis of sex.

2.  The Committee hopes that the Government will take the opportunity afforded by its review of laws to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee draws the attention of the Government to the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

3.  The Committee also requests the Government to provide the information requested over the years in the Committee’s previous requests concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employer’s and workers’ organizations to give effect to the provisions of the Convention (Article 4).

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

The Committee notes with regret that, for the eighth consecutive time, 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 following matters raised in previous direct requests.

1. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates (in collective agreements) are not differentiated on the basis of sex.

2. The Committee hopes that the Government will take the opportunity afforded by its review of laws to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee draws the attention of the Government to the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

3. The Committee also requests the Government to provide the information requested over the years in the Committee's previous requests concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employer's and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

The Committee notes with regret that, for the sixth consecutive time, 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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

The Committee notes with regret that, for the fifth consecutive time, 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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that, for the third consecutive time, 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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

The Committee notes with regret that, for the fourth consecutive time, 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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

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. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organization of East Caribbean States' Treaty (OECS Treaty) which concerns the realization of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonization of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realized to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organizations to give effect to the provisions of the Convention (Article 4).

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

The Committee has noted the information provided by the Government in its General Report concerning the application of those ratified Conventions for which reports are due, including Convention No. 100.

1. The Committee notes that the Government has passed the Windward Islands Constituent Assembly Act, No. 6 of 1991, in an effort to ensure fulfilment of its obligations under Article 3 of the Organisation of East Caribbean States' Treaty (OECS Treaty) which concerns the realisation of obligations and responsibilities to the international community, with due regard to the role of international law. The Committee notes that in this context, the member States of the OECS envisage a review and harmonisation of labour legislation, with the assistance of the International Labour Office, in order to ensure full compliance with the provisions of ratified Conventions. The Committee also notes, with interest, the assurance of the Government that the Committee's comments will be taken into account and that the Government will provide information on the progress made in this project.

The Committee hopes that the Government will take the opportunity afforded by this review to ensure legislative conformity with the provisions of the Convention. In this regard, the Committee recalls to the attention of the Government, the comments made in its 1990 general observation, where emphasis was also placed on the importance of embodying the principle of equal pay for work of equal value in national legislation. The Committee requests the Government to provide in its next report details on any progress realised to achieve legislative compliance with the Convention.

2. Referring to its previous comment where the Committee noted that some collective agreements in agriculture include lower wage rates for women, the Committee requests the Government to indicate the measures taken or contemplated to ensure that wage rates are not differentiated on the basis of sex.

3. The Committee also requests the Government to provide the information requested in the Committee's previous comment concerning the objective appraisal of jobs (Article 3) and the measures taken in cooperation with employers' and workers' organisations to give effect to the provisions of the Convention (Article 4).

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

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

Article 2 of the Convention. 1. The Committee notes the Government's statement that the Convention is applied through collective agreements in accordance with Article 2(2)(c) of the Convention.

The Committee requests the Government to provide more detailed information with respect to the methods in operation for determining the rates of remuneration for workers in the public service and in the private sector other than those who are remunerated under the terms of collective bargaining agreements. In this regard, the Government is asked to send with its next report copies of recent wage orders, wage schedules and other documents whereby remuneration is fixed for various groups of workers. The Committee also notes that no statistics are currently available on the number of workers covered by collective agreements, and hopes that the Government will be able to provide information in this respect in the next report.

2. The Committee notes that separate minimum wages have been laid down for men and women, and for male and female juveniles, in the Agricultural Worker (Minimum Wage) (Amendment) Order, 1977. The Government is asked to indicate what steps have been taken to amend the above Order with a view to fixing equal minimum wages for men and women workers, in accordance with Article 2, paragraph 1, of the Convention.

3. The Committee also notes the statement in the report that some collective agreements in agriculture - including the agreement of 24 June 1982 between Geest Industries (Estates) Ltd. and St. Lucia Farmers' and Farm Workers' Progressive Union - still include lower rates for women than for men; and that the Labour Department may make contact with the parties to point out the requirements of the Convention. Please indicate the measures which have been taken to provide for equal rates for men and women, and the results achieved.

The Committee also notes that the Contracts of Service Act, 1970, provides in its section 11 that men may be entitled to severance payments until the age of 65, and women until the age of 60. Please indicate what consideration may have been given to bringing this legislation into conformity with the Convention.

Article 3. The Committee notes the statement in the report that collective agreements sometimes include job classifications on the basis of evaluation of the work done. The Government is requested to provide information on measures taken both in the public and private sectors, through collective bargaining or otherwise, to promote objective appraisal of jobs on the basis of the work to be performed, and to provide examples of any further progress achieved in this regard.

Article 4. The Committee asks the Government to indicate in its next report what measures have been taken to promote co-operation with employers' and workers' organisations, such as tripartite meetings, distribution of publications, etc., for the purpose of giving effect to the provisions of the Convention, and what results have been obtained from these measures.

Point V of the report form. The Committee asks the Government to provide information on the number, types and results of disputes concerning equal remuneration to which the Labour Department has lent its good offices for resolution, and any other information available on the practical measures taken to give effect to the Convention.

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