Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Articles 1 and 2 of the Convention. Legislative developments. The Committee notes from the Government’s report that a review of the labour laws has been completed and submitted to the federal Government for action. Recalling its previous comments to the effect that the narrow wording of the equal pay principle contained in article 17(3)(e) of the 1999 Constitution does not in itself ensure the application of the principle of equal remuneration for men and women for work of equal value as set out in the Convention, the Committee hopes that the Government will make every effort to ensure in the context of these legislative initiatives that national legislation gives full legal expression to the provisions of the Convention.

2. Minimum wages. The Committee recalls that the National Minimum Wage Act excludes a large section of the workforce from its scope, namely workers in establishments employing fewer than 50 persons, part-time workers, workers paid on commission or on a piece-rate basis, seasonal workers in agriculture, workers in merchant shipping and civil aviation. In this regard, the Committee notes the Government’s statement that measures would be taken to review the Minimum Wage Act. The Committee asks the Government to provide information on any progress made to review the Minimum Wage Act with a view to extending its personal scope. The Committee also reiterates its request to the Government to provide information with its next report on the measures taken or envisaged to ensure the application of the Convention to low-paid workers who are currently not covered by the National Minimum Wage Act.

3. Article 3. Objective job evaluation. The Committee recalls that in 1998, the Public Service Review Commission initiated a process of updating the job evaluation and grading survey of 1974. It notes that the Government reiterates its request for technical assistance from the ILO to complete this process. The Committee hopes that such assistance would be provided in the near future and that any review of remuneration structures will take the requirements of the Convention into account. The Government is asked to provide information on any further developments in this regard.

4. Part V of the report form. General appreciation of the application of the Convention. The Committee recalls its previous comments concerning the need to collect and analyse statistical data on the earnings of men and women. The recent statistical information that has been supplied to the Committee is the 2002 Annual Sample Survey on employment, wages, and hours of work published by the Ministry of Employment, Labour and Productivity. The Committee asks the Government to supply copies of the subsequent Annual Sample Survey or any other statistical information on wages, disaggregated by sex, that may be available. Noting that the Government once again requests the technical assistance on statistics, the Committee hopes that it will be possible to provide such assistance in the near future and that it would take into account the Committee’s 2002 general observation.