Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the communication, dated 15 September 2008, received from the Public Services Labor Independent Confederation (PSLINK) denouncing pay differences between men and women in the public sector. The communication was sent to the Government for its comments thereon. The Committee will examine the comments of PSLINK together with the Government’s reply at its next session.

Article 1(b) of the Convention. Work of equal value. The Committee recalls its previous observation in which it had continued to urge the Government to take the necessary steps to bring its legislation into conformity with the Convention. The Committee had noted in the past that, while section 135 of the Labour Code specifically referred to “work of equal value”, section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, defined work of equal value to mean “activities, jobs, tasks, duties or services ... which are identical or substantially identical”. In the Committee’s view, this provision restricted the application of the principle of equal remuneration for men and women to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled that a proposed amendment of section 135(a) of the Labour Code had provided for equal remuneration for men and women “for work of equal value whether the work or tasks are the same or of a different nature”. The Committee regrets to note that the Government, in its reply, merely restates section 135 of the Labour Code, without providing any further indication of its intention to bring its legislation into conformity with the Convention.

Article 3. Job evaluation. The Committee further regrets that the Government’s report, once again, omits to provide information about any methods available which permit the objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee had noted in the past that the Department of Labor and Employment (DOLE) was developing such methods.

The Committee once again refers to its 2006 general observation on this Convention, as well as its previous observation of 2007, in which it explained the concept of “work of equal value” and emphasized the importance of promoting and developing methods to undertake an objective evaluation of jobs free from gender bias. The Committee strongly urges the Government to amend section 135(a) of the Labour Code or section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989 so as to finally bring its legislation into conformity with the Convention. The Committee also urges the Government to take measures to promote an objective evaluation of jobs, free from gender bias, taking into account the guidelines provided in its 2006 general observation. Please also supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

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