Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Application in law. The Committee notes that the Employment Bill has been submitted to Cabinet and will be put before Parliament soon. The Committee notes the Government’s assurance that the previous comments of the Committee will be taken into consideration in this process. The Committee draws the Government’s attention to its general observation of 2006, in particular regarding the importance of giving full legal expression to the concept of “work of equal value”: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation.” (paragraph 6). The Committee expresses the hope that the Employment Act will be adopted in the near future, and that it will give full legal expression to the principle of the Convention. The Committee asks the Government to keep it informed in this regard.

2. The Committee notes from the Department of Labour’s annual report of 2005, that the Department was at that time in the process of formulating the Human Resources Planning and Development Bill to regulate Swazi skills empowerment and localization. The Committee asks the Government to provide information on the status of the Human Resources Planning and Development Bill, as well as how the Bill promotes the principle of the Convention.

3. The Committee in previous comments has noted the Regulation of Wages (Agricultural Industry) Order 2000, which accords different treatment to male and female workers with respect to compassionate leave (30 days for women, seven days for men), and expressed the hope that the Government would take active steps to address practices that could have a discriminatory effect on women’s pay. Noting that the Government has provided no information on this point, the Committee asks the Government to provide information on the specific measures taken or envisaged to address practices that may have, directly or indirectly, discriminatory effect on women’s remuneration.

4. Application in practice. Work of equal value. The Committee notes that in the private sector, minimum wages are determined by tripartite wage councils and public sector jobs are categorized through a job evaluation exercise done by an independent consultant in consultation with the relevant workers’ and employers’ organizations. The Committee asks the Government to provide information regarding the minimum-wage setting process, in particular how it is ensured that the process itself is free from gender bias, and to provide any other information regarding how equal pay for work of equal value is being promoted in the private sector. The Committee also asks the Government to provide further information regarding the job evaluation exercise undertaken in the public sector, in particular what method of job evaluation is used, and how is it ensured that the evaluation process is free from gender bias.

5. Occupational sex segregation. The Committee notes the Government’s statement that no special measures have been put in place to eliminate horizontal and vertical segregation of men and women into certain jobs or occupations. The Committee recalls that occupational sex segregation often results in women being confined to a limited range of jobs, which are often undervalued in comparison with those held predominantly by men (see general observation 2006, paragraphs 2 and 3). Noting from the Department of Labour’s annual report of 2005, that trade testing and apprenticeship schemes have been put in place, with the number of workers benefiting from trade testing increasing, the Committee notes that such programmes could provide an important means of assisting women to obtain jobs in a wider range of fields, in particular those traditionally held by men. The Committee asks the Government to consider taking concrete measures to address occupational sex segregation, and to keep the Committee informed in this regard. The Committee also asks the Government to provide information regarding how the trade testing and apprenticeship schemes have been used to promote gender equality in general, and the principle of the Convention in particular.

6. Causes of the gender wage gap. The Committee notes the Government’s statement that it is considering examining the causes of the existing gender wage gap in the near future. The Committee asks the Government for specific information regarding the steps taken or envisaged to examine the underlying causes of the gender wage gap.

7. Statistical information. The Committee notes from the Department of Labour’s annual report of 2005, that a new standard questionnaire to collect employment and wage data has been designed to comply with ILO and international standards. It notes further that there are plans to develop a Labour Market Information System for Swaziland, and that the first Swaziland Integrated Labour Market Survey will be undertaken in 2007. The Committee again draws the Government’s attention to the Committee’s 1998 general observation regarding statistical information. The Committee hopes that the recent measures taken or envisaged to improve the quality of statistical information generally will result in statistical information disaggregated by sex, regarding earnings in the public and private sectors, according to different occupations, and in all job categories, and asks the Government to keep the Committee informed in this regard.

8. Enforcement. The Committee notes the information from the Department of Labour’s annual report of 2005, regarding the number of labour inspections, the resolution of disputes through the Conciliation, Mediation and Arbitration Commission (CMAC) and the industrial courts. However, it is not clear from the report whether the issue of equal remuneration for work of equal value has been addressed by any of these bodies. The Committee asks the Government to provide information regarding the role of the labour inspectorate in addressing gender pay discrimination, including whether any violations in this regard have been found and, if so, how such violations have been addressed. Please also provide the Committee with information regarding whether the issue of equal remuneration has been raised before the CMAC or the industrial court and, if so, the outcome thereof.