Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information in the Government’s first report and asks the Government to provide additional information on the following points.

1. The Committee notes that section 27 of the Employment Act requires that every employer shall pay male and female employees equal remuneration for work of equal value, and that the definition of "remuneration" contained in the Act is very broad. It also notes with appreciation that this provision would seem to reflect fully the Convention’s principle of equal remuneration for work of equal value.

2. Nevertheless, the Committee notes with concern that Minimum Wage Order S.R.O. 11 (2002), which sets forth minimum wages for male and female workers working in the areas of agriculture, catering, construction, domestic employment, industry, security and shops, sets the minimum wage for male agricultural workers at $5.00 per hour while setting that for female agricultural workers at $4.75. The Committee notes that this Order is in direct contravention of the Convention as the rates are based on the sex of the worker, and asks the Government to amend the Order accordingly.

3. The Committee notes that the Employment Act provides for the creation, where needed by a specific trade, industry or occupation, of a wages advisory committee that is to formulate minimum wage recommendations, and that such recommendations may result in minimum wage orders being issued by the Minister. It also notes that each such committee is to comprise an equal number of worker organization members, employer organization members, and representatives of other interests. With respect to this provision, the Committee asks the Government: (1) for copies of the orders currently in force for each such committee; and (2) for details, including the criteria employed for fixing applicable minimum wages, and any applicable input from worker and employer organizations, with respect to those trades, industries or occupations where no such committee exists.

4. The Committee asks the Government to supply copies of any regulations governing the remuneration of workers in the public sector.

5. The Committee notes the Government’s assertion that "the principles of non-discrimination and equal pay for equal work are embodied in all the collective agreements between employers and workers". It asks the Government: (1) to confirm that in fact these agreements guarantee not only equal remuneration for equal work as between men and women, but equal remuneration for work of equal value as between men and women; (2) to provide copies of collective agreements currently in force, in both the private and the public sectors; and (3) to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. The Committee notes the Government’s explanation that the methods used for appraisals of jobs to be performed include research, surveys, interviews with workers and employers, discussions, analysis and consensus, but adds that the Government does not provide details as to any of these methods. Accordingly, the Committee asks the Government to provide specific information as to how it is undertaking objective job appraisals and what methodologies it uses so as to ensure that jobs in which women dominate are not undervalued.

7. The Committee notes that section 17 of the Employment Act establishes a tripartite Labour Advisory Board whose functions are to formulate and implement national policies on employment conditions, to make proposals for the adoption and amendment of legislation, to review the operation of the Employment Act as well as the Labour Relations Act, 1999, and to promote collective bargaining. It asks the Government for specific information as to the activities of this Board, including any recommendations made as to national policies, and any reviews of legislation and any other matters in so far as they pertain to the principle of equal remuneration as between men and women for work of equal value.

8. The Committee notes that the report contains no information as to any court or administrative decisions involving questions of principle relating to the application of the Convention. It asks the Government to provide decisions of the courts and other applicable bodies, including information about the relevant activities of the Labour Commissioner and the Public Service Commission.

9. The Committee notes that the Government provides little specific information on the practical application of the Convention. It asks the Government to provide such information, regarding both the public and the private sectors. Such information should include information on any measures taken or contemplated: (a) to ensure application of the principle of equal remuneration for work of equal value in the fields in which the Government can exercise direct or indirect influence on determining wages; and (b) to promote application of the principle of equal remuneration in cases where the Government is not involved in wage setting. The information should also include detailed statistical data on earnings disaggregated by sex (as described in the 1998 general observation on the Convention).