Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

1. Article 1. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee notes the Government’s confirmation that “similar or substantially similar” means “equivalent” for the purpose of the application of the Convention. The Committee recalls that the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that equal remuneration is not only paid to men and women performing the same work, but also to men and women who perform different work which is nevertheless of equal value. Considering that the definition of “work of equal value” as set out in the legislation may unduly restrict the scope of comparison of jobs performed by men and women, the Committee asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

2. Article 3. Job evaluation. The Committee notes from the Government’s report that no appeals alleging unequal remuneration for men and women for work of equal value have been lodged after the recent job evaluation exercise carried out by the Public Service Commission. With regard to the private sector, the Committee notes that the job evaluation exercise carried out by the National Employment Council for the motor industry led to the establishment of an 11 grade structure applied to all workers covered by the collective bargaining agreement applicable to that industry. The Committee asks the Government to continue to provide information on any future job evaluation exercise in the public service and the measures taken to ensure that, in this context, respect for the principle of equal remuneration for men and women for work of equal value is ensured. With regard to the private sector the Committee asks the Government to provide the results of the audit of the job evaluation system in the motor industry mentioned in the Government’s report, as soon as available. It also asks the Government to continue to provide information on the measures taken or envisaged to promote the use of job evaluation methods that are free from gender bias in the private sector, including information on the cooperation with employers’ and workers’ organizations in this regard.

3. Parts IV and V of the report form. The Committee notes the Government’s indication that the Office of the Ombudsman was carrying out awareness-raising activities to publicize its functions throughout the country. The Committee asks the Government whether any of these activities specifically promote the principle of equal remuneration. Please also indicate the number of cases concerning violations of section 5(20) of the Labour Act that have been addressed by the competent authorities.

4. Statistics. The Committee notes that the Government has submitted a project proposal to the ILO for the creation of a labour market database. It asks the Government to make every effort to ensure strengthening of the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard in the next report.