Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

Further to its previous comment, the Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers' Union concerning Articles 3 and 4 of the Convention.

1. Article 1. In its previous direct request, the Committee noted the definition of "wages" and "remuneration" enshrined in the Wages Boards Ordinance (Chapter 165) and the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) as well as the statement in the Government's report that "wages" means remuneration or earnings capable of being expressed in terms of money. The Committee requested information on the measures taken to ensure in practice that all emoluments -- whether in cash or in kind -- are granted without discrimination based on the sex of the worker. The Government states in its present report that all emoluments should be granted or paid without discrimination based on the sex of the worker. The Committee notes this information. The Committee recalls that the purpose of the broad definition of "remuneration" in the Convention is to capture all elements that a worker may receive for his or her work including allowances, housing, uniforms, equipment and the like. It therefore requests the Government to provide more substantial information on the measures taken or contemplated to ensure in practice that all emoluments, especially those not mentioned explicitly in the above legislation, are granted or paid without discrimination based on the sex of the worker.

2. Further to its previous comments, the Committee notes that a draft Equal Opportunity Act will be submitted soon to Parliament. The Committee notes, however, that the draft Act, while prohibiting, in general, discrimination on the basis of sex as regards access to employment, access to training and terms and conditions of work, does not include a provision that explicitly embodies the principle of equal remuneration for men and women workers for work of equal value. Noting that section 13(1) of the draft Act requires public sector institutions and private companies with 100 or more employees to design and implement affirmative action programmes addressing, inter alia, issues of pay equity, the Committee recommends that consideration be given to including a provision in the draft Act giving legal expression to the principle of the Convention. Further, the Committee notes with interest that the draft Act provides for the creation of an Equal Opportunity Commission, which has investigative, monitoring, promotional and advisory powers, and also of an Equal Opportunity Tribunal. Noting the Government's statement that new legislation will encourage both public and private sector institutions to become equal opportunity employers, the Committee hopes that the draft Act will be adopted soon and requests the Government to keep it informed of any developments. While awaiting adoption of the Act, the Committee requests the Government to indicate how wage equality is ensured in respect of any sectors of employment or enterprises (including export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. As regards the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards, the Committee notes the Government's statement that classifications and wage rates are based on exhaustive and careful study and analysis of data concerning a particular trade, in cooperation with representatives of the workers and employers who have thorough knowledge of the trade. While noting this information, the Committee points out that while determination of job classifications and corresponding wage determination may not be based on the sex of the worker, sexual stereotyping can easily enter into the process, resulting in an undervaluation of jobs mainly held by women. It therefore wishes to underline the importance of avoiding gender bias in the specific methods and criteria used by the Wages Boards in the determination of classifications and wage rates, and hopes that the Government's next report will contain information on how gender bias is avoided in the classification and wage-setting process. Noting the Government's statement that statistics on the distribution of men and women in the different grades or classes are not available, the Committee refers to its 1998 general observation on this Convention and points out that the Office is available for technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

4. The Committee notes the Government's statement that, in the public sector, salaries are fixed by the Salaries and Cadre Commissions, and that there is no distinction whatsoever between the wage rates of men and women. The Committee notes from the statistics provided by the Government for 1994 on government corporation and statutory board employees that women are mostly concentrated in low-level and usually low-paid occupations such as midwives and nurses, clerical jobs (stenographers, typists, telephone switchboard operators and receptionists) and elementary occupations such as unskilled estate labourers. The data further show that women are greatly underrepresented at the higher executive, managerial and administrative level. The Committee points out that inequalities in remuneration may arise from the existence of a heavy concentration of women in certain jobs and certain sectors of activity and requests the Government to provide information on the measures undertaken to increase women's occupational choices and to encourage upward mobility in the public sector. The Committee further notes that the statistical information provided does not permit an evaluation of the application of the Convention, in that it does not reflect the average earnings shown for each occupation disaggregated by sex. Accordingly, the Committee requests the Government to provide in its next report, recent sex-disaggregated data on government corporations and Statutory Board employees and to furnish data on the salaries fixed by the Salaries and Cadres Commissions for these occupations.

5. As regards supervision of the equal pay principle in the different sectors of the economy by the Commissioner of Labour, the Government states in its report that specific measures to supervise equal pay are not undertaken as no violations of the principles exist. The Committee wishes to point out that absence of violations recorded in relation to equal pay may be due to a lack of understanding and awareness of both the general public and those responsible for monitoring the principle of equal remuneration for men and women for work of equal value, as to how the principle should be applied. It therefore requests the Government to indicate any measures taken or contemplated, such as awareness-raising campaigns, to explain and publicize the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers' and employers' organizations and the general public.

6. Article 3. As concerns the action taken to promote the objective appraisal of jobs on the basis of the work to be performed, the Committee notes the Government's statement that a performance appraisal system is in operation in the public sector which applies to all public service officers. The Government refers in this regard to Public Administration Circular No. 07/98 explaining the performance appraisal system for public officers. The Lanka Jathika Estate Workers' Union, however, reiterates its comments submitted in 1998 that no objective job evaluation system exists and that it is awaiting meaningful steps on the part of the Government to comply with Article 3 of the Convention. Noting this information, the Committee draws the Government's attention to paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention and points out that job evaluation is a method which through analysing the content of jobs seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It is concerned with evaluating the job and not the individual worker. Noting the Government's statement that certain enterprises have adopted job evaluation systems, the Committee requests the Government to supply copies of any job evaluation systems adopted and the methodologies used. It asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally, or in respect of particular branches of activity, in the public sector, or its promotion in the private sector.

7. The Committee notes the comments submitted by the Lanka Jathika Estate Workers' Union that is still awaiting steps by the Government to comply with Article 4 of the Convention. In addition to the tripartite composition of the Wages Boards and the Remuneration Tribunals, the Government states in its report that major issues pertaining to labour are also deliberated by the National Labour Advisory Council. The Committee requests the Government to provide information on any equal pay issues discussed by the National Labour Advisory Council and any action taken accordingly. The Committee draws the attention of the Government to the value of cooperating with employers' and workers' organizations to implement the provisions of the Convention, for example, in establishing systems for the objective appraisal of jobs or in identifying and implementing measures which, in general, promote equal opportunity and treatment for men and women in employment and occupation and which contribute to further eradicating wage differentials between men and women workers.