Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee notes the information in the Government's report, in particular the Constitutional Amendment (No. 14) Act, 1996, which includes, in article 23 of the Constitution, gender as a ground of protection from discrimination. The Committee recalls that section 5(1)(d) of the Labour Relations Act, 1984 (as amended), prohibits discrimination by employers on the grounds of, inter alia, sex in the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits, and that sections 5(1)(a) and (b) and (2)(a) and (b) of the Labour Relations Act, 1984, prohibit discrimination on the grounds of sex in relation to the advertisement of employment and the recruitment for employment. The Committee notes that both the Constitution (article 23) and the Labour Relations Act (section 7(a)) allow for exceptions to the prohibition of discrimination based on sex. It requests the Government to provide information on the application of these provisions, and the exceptions, if relevant, as they relate to the application of Article 1 of the Convention which prescribes equal remuneration for men and women workers for work of equal value. The Committee also would be grateful if the Government would indicate whether it is considering giving legal expression to the principle of the Convention, in particular by introducing the concept of equal value.

2. Further to its previous comments concerning the need for objective appraisal of jobs which is not required under existing legislation (see above), the Committee requests the Government again to confirm whether the envisaged amendment of existing legislation is still under consideration and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

3. Further to the indication of the Government in its previous report that the Labour Relations Act, 1984, applies to all workers except civil servants, the Committee notes from the Government's report that wages or cost-of-living adjustments for domestic workers are determined by a tripartite Incomes Policy Board which also determines minimum wages for unclassified industries. The Committee requests the Government to provide information on the full function of the Incomes Policy Board, both with regard to classified and unclassified industries, as well as information on the manner in which it takes into account the principle of equal remuneration between men and women workers for work of equal value, bearing in mind Article 4 of the Convention and Paragraph 7 of Recommendation No. 90.

4. The Committee notes that, through the adoption of the Ombudsman Amendment Act, 1997, the functions of the Ombudsman under article 108 of the Constitution have been broadened to include investigations into alleged violations of the human rights contained in the Declaration of Rights which constitutes Chapter III of the Constitution. The Committee requests the Government to provide it with information on any activities undertaken or cases investigated by the Ombudsman with regard to the principle of equal remuneration between women and men.

5. Further to its previous comments, the Committee notes the texts of the collective agreements supplied by the Government in its report. The Committee requests the Government to supply in its next report an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. Recalling the Government's previous indication concerning the non-availability of statistical data requested, the Committee would like to refer the Government to its general observation on this Convention and again remind the Government that ILO technical assistance is available in this field.

6. The Committee notes the Government's indication that labour statistics either obtained through complaints or inspection do not reveal violations concerning equal remuneration. Noting that in its previous reports the Government provided statistical data with regard to violations of remuneration rights, including the number of inspection visits made between 1992 and 1995, the number of complaints received and restitutions made, the Committee again requests the Government to provide information on the number of violations concerning equal remuneration and the punishment imposed.

7. The Committee notes from the conclusion in the chapter on poverty and gender of the Main Report of the 1995 Poverty Assessment Study Survey of the Ministry of Public Service, Labour and Social Welfare, that there appears to be a trend of feminization of poverty, expressed partly through the existing wage gap, due, inter alia, to traditional (patriarchal) and remaining colonial bias in education and skills endowment in favour of males and occupational segregation with females concentrated in informal, unpaid or less remunerative household work and family care. The Committee further notes from the Government's report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, that, although women are free to pursue any profession in Zimbabwe, they tend to be concentrated in those areas that reflect their roles as mothers and also in low paying jobs. The Committee would point out that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity, and requests the Government to indicate measures taken to address the above situation including promotional activities related to the Convention.