Solicitud directa (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

Article 1(a) and (b) of the Convention. Legislation. In its previous comments, the Committee noted that the fifth draft Industrial Relations Bill included a broader definition of remuneration in conformity with Article 1(a) of the Convention and that the Government intended to include a similar definition in the Employment Act of 1978, once it was reviewed. The Committee asked the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, would not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value, in accordance with Article 1(b) of the Convention. The Committee notes from the Government’s report that the review of the Industrial Relations Act is still ongoing while the review of the Employment Act has not yet been undertaken. The Committee asks the Government to take the necessary measures to ensure that both the revised Industrial Relations Act and Employment Act:

(i)    contain a definition of remuneration which includes 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; and

(ii)   provide for equal remuneration for men and women for work of equal value, in accordance with the Convention.

The Committee hopes that the Government will be a position to report progress in the near future regarding the labour law reform that the Decent Work Country Programme for 2009–12 has set as a priority.

Article 2. Methods of wage determination. The Committee notes the Government’s statement that the issues of wage determination in all aspects, including collective bargaining for the purpose of collective agreements, are gender neutral and that the Industrial Registrar can deregister agreements on wage determination if he or she feels they have come about as a result of gender discrimination. The Committee asks the Government to provide information on the method used by the Industrial Registrar to assess the gender neutrality of the wage determinations made through collective agreements. Furthermore, the Committee again asks the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of the Convention is applied through collective agreements.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the number of women in the overall labour force is increasing and they are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. With respect to job evaluation conducted to establish whether different jobs are of equal value, the Committee wishes to point out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to specify the organizations to which it referred in its report and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. The Committee notes that the copies of the Minimum Wages Board determinations (2009), the Salaries and Remunerations Commissions decisions, the public service grading systems as well as the provisions pertaining to remuneration determinations in the private sector mentioned in the Government’s report have not been received by the Office and asks the Government to communicate such documents.

Parts III and IV of the report form. The Committee notes the Government’s statement that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government further points out that the Workers Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee asks the Government to provide information on any awareness raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Part V of the report form. In the absence of a reply to its previous comments, the Committee once again asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Please also communicate copies of the salary scales and schedules of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.