Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

1. Legislation. The Committee notes that the Employment and Labour Relations Act, 2004, entered into force on 1 August 2006. It recalls that the Act prohibits direct and indirect discrimination based on sex with respect to remuneration and requires employers to take positive steps to guarantee equal remuneration for men and women performing work of equal value (sections 7(4) and 7(9)). The Committee asks the Government to provide information on the practical application of the Act, including information on measures to address wage discrimination and promote the principle of equal remuneration for men and women for work of equal value provided for in equality plans adopted under section 7(2).

2. The Committee notes that the Public Service Act, 2002, repealed the Civil Service Act, 1989. It asks the Government to indicate how respect for the principle of equal remuneration for men and women for work of equal value is ensured in the public service, including information on the methods used to evaluate jobs and assign remuneration levels in a non-discriminatory manner. Please provide any regulations issued under the Public Service Act concerning the remuneration for public servants.

3. Wage boards. The Committee notes that the Labour Institutions Act, 2004, which provides for the establishment of tripartite wage boards entered into force on 1 February 2005. The Government indicates that the Minister of Labour has already appointed tripartite wage boards for the mining, agriculture and domestic services sectors. The Government also states that the Labour, Economic and Social Council is scheduled to convene before 1 August 2006, inter alia, to advise the Government on the manner in which the wage boards may ensure the principle of equal remuneration for work of equal value in the determination of minimum rates of remuneration, so as to avoid gender bias and discrimination based on sex. The Committee asks the Government to provide information on the outcome and follow-up to these deliberations.

4. Collective agreements. The Committee notes the Government’s indication that, due to the very recent entry into force of the Employment and Labour Relations Act, no information concerning the application of the Convention by means of collective agreements was yet available. It therefore asks the Government to provide, in its next report, information on the manner in which collective agreements apply the principle of equal remuneration for men and women for work of equal value and to supply examples of relevant collective agreements.

5. Objective job appraisal. The Committee notes the Government’s statement that the first measure taken to promote objective appraisal of jobs on the basis of the work performed was the appointment of labour officers who are trained and competent to supervise compliance with the relevant labour legislation. The report also states that no information was yet available on how employers and workers are relying on objective job appraisal to determine wages. The Committee asks the Government to provide information on the manner in which it promotes the development and use of methods for objective job appraisal in the context of collective bargaining and at the enterprise level. It also asks the Government to indicate whether any specific training is being provided to labour officers concerning the principle of equal remuneration for work of equal value and the role of objective appraisals as a means of ensuring compliance with the equal pay provisions contained in the Employment and Labour Relations Act.

6. Cooperation with employers’ and workers’ organizations. The Committee notes from the Government’s report that the Labour, Economic and Social Council advises the Government concerning economic growth and social equality policies, including the issue of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide details on the content of any recommendations made by the Council relating to equal pay and the application of the Convention.

7. Enforcement. The Committee asks the Government to supply information on the manner in which the labour inspectorate services supervise and ensure the application of the legal provisions concerning non-discrimination in respect of remuneration and the application of equal remuneration for work of equal value between men and women. Please also provide information on whether any administrative or judicial decisions have been issued in relation to the relevant provisions of the labour legislation, including information on their findings, as well as remedies awarded and sanctions imposed.

8. Statistical information. The Committee asks the Government to provide updated statistical information, disaggregated by sex, on the income levels of men and women in the various sectors and occupational groups, as well as information on the proportion of women in decision-making and management posts.

9. Noting that the Government’s report contains no information in reply to points 8 to 13 of the Committee’s previous direct request (attached for ease of reference) concerning the application of the Convention in Zanzibar, the Committee trusts that the Government will provide the information requested in its next report.