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

1. The Committee notes with interest the continued efforts made by the Government, and in particular the amendments contained in Act No. 733 of 2000 to the Equal Opportunities Act (Act No. 433 of 1991), introducing the obligation on employers, for enterprises with more than ten employees, to prepare wage mapping on an annual basis as part of their annual equal opportunities plan in order to detect any wage differences due to gender. It notes that employers have to prepare an action plan to remedy any identified pay discrimination and, in particular, that they have an obligation to remedy any wage inequalities within three years at the latest. It notes the Government’s statement that the preparation of wage mapping has to focus on differentials between men and women workers performing work of equal value, in particular on comparing different groups of employees doing work which is, or is customarily considered to be dominated by women, and employees performing work which is not, or is not usually considered to be, dominated by women. It also notes with interest the amendment introducing the opportunity for employees’ associations which are bound by a collective agreement with an employer, to obtain information about the wages of individual employees from the employer in order to assist in combating pay inequalities and the consequent amendment of the Secrecy Act (Act No. 100 of 1980). The Committee asks the Government to provide detailed information with its next report on the practical impact of the legislative amendments on the application of the principle of equal remuneration for men and women workers for work of equal value, with particular reference to the results obtained and the difficulties encountered in practice with the process of wage mapping.

2. The Committee also notes with interest the adoption of the Act prohibiting discrimination against part-time workers and workers with fixed-term contracts (Act No. 293 of 2002) to implement Directives 97/81/EU and 1999/70/EU and in particular the obligations to pay equal wages to part-time or fixed-term men and women workers for work of equal value and the compensation to be granted in the event of violations of the Act. The Committee asks the Government to provide information with its next report on the impact these new laws have had on closing the average earnings gap between men and women which, according to the Government’s report, has remained at 18 per cent since 1996.

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