Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Repetition

Article 2(2)(c) of the Convention. Collective agreements. The Committee notes that, in reply to its previous comment, the Government reiterates in its report that, following the ratification of the Convention, the tripartite partners issued a Tripartite Declaration on Equal Remuneration for Men and Women Performing Work of Equal Value, where they recommended that unionized companies adopt the equal pay principle by incorporating a clause on equal remuneration into their collective agreements. The Government also indicates that, according to the National Trade Unions Congress (NTUC), as of 20 December 2018, about one third of all collective agreements in force had equal remuneration clauses applying to all categories of employees covered by the agreement (compared to 26 per cent in 2011). It adds that there were no disputes on equal remuneration clauses so far. The Committee however notes that the Government still does not provide any information on the manner in which such clauses are effectively applied in practice during the wage-setting process at the enterprise level. Recalling the important role that collective agreements can play in the application of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to continue to provide information on the progress made in including equal remuneration for work of equal value clauses in collective agreements, further to the Tripartite Declaration issued in this regard. It asks once again the Government to provide summaries of such clauses, as well as specific examples of the manner in which they are applied in practice when wages are set at the enterprise level. The Committee further asks the Government to provide information on any measures taken to raise awareness of the existence of equal remuneration clauses in collective agreements among workers, in particular women workers, as well as on any disputes regarding the application of such clauses that have been dealt with by the courts.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that the Tripartite Alliance for Fair Employment Practices (TAFEP) promotes fair and objective recruitment practices. The Government adds that, as a result of the Skills Framework for Human Resources, human resources professionals will be able to design progressive human resources and practices that reward employees fairly based on ability, performance, contribution and experience. The Committee wishes to draw the Government’s attention to the fact that the concept of “equal value” laid down in the Convention requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions (see 2012 General Survey on the fundamental Conventions, paragraph  695). Given the persistent gender wage disparities, the Committee asks the Government to provide information on the concrete measures taken to develop, promote and implement objective job evaluation methods, using criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the public and private sectors.

Enforcement. Recalling that workers can submit a complaint to the TAFEP in case of discrimination at work, the Committee notes the Government’s indication that, so far, the TAFEP has not received any complaints related to pay inequality. In this regard, the Committee wishes to draw the Government’s attention to the fact that where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey, paragraph 870). In light of the absence of legislation reflecting the principle of the Convention, the Committee asks the Government to provide information on the proactive measures taken, including in collaboration with employers’ and workers’ organizations, to raise public awareness of the principle of the Convention, the procedures and remedies available, as well as on the impact of such measures on the persistent wage disparities between men and women. It also asks the Government to provide information on the number and nature of cases or complaints of gender pay inequality dealt with by the TAFEP, the labour inspectors, the courts or any other competent authority, specifying any sanctions imposed and remedies granted.