Observation (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

1. The Committee notes with satisfaction the adoption on 2 September 2002 of the Act to Provide Equal Pay Between Men and Women for the Same Work or for Work to which Equal Value is Attributed, the purpose of which is to ensure that the principle of equal pay between men and women for equal work or work of equal value is applied (section 3). It notes in particular that section 2 of the Act defines pay as "including the usual basic contribution and any other additional contributions paid directly or indirectly, either in money or in kind, by the employer to the employee in exchange for the work provided", which is in accordance with Article 1(a) of the Convention. The Act also provides, in line with Article 1(b) of the Convention, that the principle of equality in pay means "the absence of any kind of direct and indirect discrimination based on sex, as regards pay for the same work or for work to which equal value is attributed", and defines work of equal value as "work carried out by men and women which is identical or materially identical in nature or to which equal value is attributed, based on objective criteria".

2. Furthermore, the Committee notes that the Act applies to all employees for all activities related to "employment" (which is given a very broad definition in section 2) and requires that every employer provide equal pay to men and women for the same work and for work to which equal value is attributed, irrespective of the sex of the employee (section 5(1)). Pursuant to section 5(2), professional classification systems should be based on common criteria for male and female employees and designed in such a manner that sex discrimination is excluded. For the purpose of comparison the Act sets out criteria of the nature of the duties, the degree of responsibility, qualifications, skills and seniority, qualifications-related requirements and the conditions under which the work is carried out (section 18).

3. The Act further includes provisions concerning the prohibition of victimization in the case of equal pay complaints and imposing sanctions on employers contravening these provisions. The Committee notes with particular interest that the Act gives a specific supervisory and advisory role to the labour inspectorate on equal pay inspections (sections 10-14) and establishes a special committee for investigation and assessment of work (sections 15-17) to undertake an evaluation of jobs said to be of equal value in the case of complaints.

The Committee is raising other and related points in a request directly addressed to the Government.