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

The Committee notes the Government’s report and the observations of the Federation of Parastatal Bodies and Other Unions (FPBOU) which was attached thereto. The Committee notes that the Employment Rights Act, 2008 was adopted on 22 August 2008, replacing the Labour Act of 1975. It notes further that the Employment Relations Act was also adopted on the same date, replacing the Industrial Relations Act, 1973. However, copies of these Acts have not yet been made available to the Committee. The Committee asks the Government to supply copies of the Employment Rights Act and the Employment Relations Act.

Gender wage gap. Further to its previous comments concerning the existence of remuneration differentials between men and women, the Committee notes the Government’s indication that some progress is being made in addressing the occupational gender segregation in the labour market as a means of reducing the gender wage gap. The Committee asks the Government to continue its efforts to reduce the remuneration disparities between men and women and to provide full information on the measures taken to this end, and their impact. The Committee also asks the Government to provide statistical information disaggregated by sex on remunerations levels in the various sectors and occupational categories.

Article 1(a). Definition of remuneration. Referring to its previous comments, the Committee notes that according to the Government’s report, section 2 of the Employment Rights Act explicitly covers all emoluments, whether paid in cash or in kind, earned by a worker under an employment contract and also extends to the money due as a share of profits. In light of the definition of basic salary provided in the same section, the Committee understands that the definition of remuneration would encompass not only the basic salary but also any additional emoluments arising out of the worker’s employment in line with Article 1(a) of the Convention. The Committee would appreciate receiving a confirmation from the Government regarding the scope of the definition of remuneration contained in section 2 of the Employment Rights Act.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for work of equal value was not fully reflected in the last draft of the Employment Rights Bill provided to the Office, as equal remuneration was limited to “the same type of work”. The Committee also notes that the Code of Conduct for a Conflict Free Workplace (2003), which included the principle of the Convention, is being revised in the light of the adoption of the Employment Relations Act. The Committee further notes the Government’s intention to introduce an Equal Opportunities Bill in the near future. The Committee hopes that the new Employment Rights Act gives full legal expression to the principle of equal remuneration for work of equal value, and does not limit equal remuneration to “the same type of work”. It further asks the Government to ensure that the principle of the Convention is reflected in the revised Code of Conduct for a Conflict Free Work Place, and to provide information on any developments in this regard, as well as with respect to the status of the Equal Opportunities Bill.

Article 2. Determination of wages. Remunerations orders. With regard to the removal of gender-specific appellations in the remuneration orders, the Committee notes from the Government’s report that the Public Transport (Buses) Workers (RO) Regulations 2008 were amended by replacing the gender-specific functions with gender-neutral appellations. The Committee notes that in the Field-Crop and Orchard Workers (RO) Regulations 2008, the expressions “field labourer (male)” and “field labourer (female)” were substituted, respectively, for “field labourer (grade I)” and “field labourer (grade II)”. The Committee notes that according to section 2 of these Regulations, field labourers belonging to grade I are skilled or semi-skilled field workers who receive a higher salary than the workers belonging to grade II, i.e. unskilled field workers. The Committee also notes the Government’s indication that the National Remuneration Board determines the basic wages for the different occupational categories according to the general principles set out in section 47 of the Industrial Relations Act (i.e. results, skills, and levels of responsibility) and the Minimum Wage Fixing Convention, 1970 (No. 131), but it lacks specific guidelines to establish remuneration rates on the basis of job content. The Committee notes that the Industrial Relations Act was replaced by the Employment Relations Act on 22 August 2008. The Committee asks the Government as follows:

(i)    to amend the remaining remuneration orders to remove gender-specific appellations;

(ii)   to provide information on the proportion of women in grade I and grade II field labourers under the Field-Crop and Orchard Workers (Remuneration Order) Regulations;

(iii) to consider developing guidelines and training for the National Remuneration Board to assist it in determining the basic wages for the different occupational categories and posts on the basis of the tasks performed, in line with the indications provided in the 2006 general observation on the Convention;

(iv)  to indicate whether any relevant provisions in this regard were included in the Employment Relations Act; and

(v)   to supply information on any developments concerning the formulation of policy guidelines to set wages based on job content envisaged under the Action Plan on the National Gender Policy.

Determination of wages. Collective agreements. Further to its previous request on the extent to which the principle of equal remuneration for work of equal value is reflected in collective agreements, the Committee notes the Government’s indication that collective agreements set remuneration rates in relation to the different occupational categories and posts and irrespective of the workers’ sex. The Committee wishes to emphasize that the lack of any references to workers’ sex in the determination of wages does not ensure that the principle of the Convention is being fully applied. Recalling its 2006 general observation on the Convention, the Committee stresses that the principle of equal remuneration for work of equal value, although including the basic principle of equal remuneration for equal jobs, also requires that a comparison be made between work of a different nature performed by men and women in order to ascertain whether they are nonetheless of equal value and shall thus be accorded equal remuneration. This is all the more important given that historical attitudes towards the role of women in society have contributed to the confinement of women in certain occupations which are often undervalued for the purpose of wage setting in comparison to the occupations in which men predominate. The Committee asks the Government to take measures to enhance the social partners’ understanding of the principle of the Convention and to be able to ensure that this is reflected in collective agreements. Please provide information on the measures taken to this end and their impact on promoting the observance of the principle of equal remuneration for work of equal value in the negotiation and implementation of collective agreements.

Public service schemes. With regard to the use of gender-specific appellations in the public service schemes relating to the disciplined forces, health and education sectors the Committee notes the Government’s indication that no review has been undertaken in this regard. It also notes that in the Government’s view there would be no risk of remuneration disparities resulting from these gender-specific job appellations as the same remuneration rates are set for male and female staff in the same grade. The Committee asks the Government to review the gender-specific appellations in the public schemes with a view to ensuring that no restrictions on men’s and women’s access to these jobs apply in practice. The Committee would also appreciate receiving copies of the public service schemes applying, in particular, to the disciplined forces, health and education sectors.

Article 3. Objective job evaluation. The Committee notes from the observations submitted by the FPBOU that objective job appraisals will be undertaken following the recommendations of the Pay Research Bureau. The Committee also notes that, according to the Government’s report, while in the public sector such methods are already followed, in the private sector they are not, given the limited capacity of the National Remuneration Board. In this regard, the Committee notes the wish expressed by the Government that the Office provide technical assistance to help the National Remuneration Board conduct objective job evaluation and fully understand the concept of work of equal value. The Committee asks the Government to provide detailed information on the criteria employed by the Pay Research Bureau to carry out the objective evaluation of jobs and the measures taken to ensure that these criteria are free from gender bias. The Committee also encourages the Government to take steps to promote objective job evaluation in the private sector and to provide the National Remuneration Board with the necessary training to fulfil this task.

Article 4. Cooperation with social partners. The Committee notes that section 64 of the Employment Rights Bill provided for the establishment of the Labour Advisory Council, as a tripartite body charged, among other things, with considering measures to be adopted with a view to promoting the implementation of ILO Conventions. The Committee asks the Government to provide information on whether this body has been established and regarding any initiatives taken by it with respect to the application of the principle of equal remuneration for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s indication that capacity building of labour inspectors with respect to the detection of violations of the principle of equal remuneration is being carried out, and that the issue of equal remuneration for work of equal value is being brought to the attention of the parties in dispute in the context of conciliation meetings regarding salary revision. The Committee also notes that no decisions concerning the application of the Convention were handed down by national courts or other competent bodies. The Committee asks the Government as follows:

(i)    to indicate the measures taken to increase labour inspectors’ capacity to detect and address infringements related to the principle of the Convention;

(ii)   to provide information on the violations detected by the labour inspectors, the sanctions imposed and the remedies provided; and

(iii) to supply information on any judicial or administrative decisions involving the principle of equal remuneration for work of equal value.

Part V. Noting that the Study on “Discrimination practices in the Mauritian labour market” conducted in partnership with the UNDP and the ILO in the framework of the project “Gender equality and empowerment of women” has been released, the Committee again invites the Government to examine the recommendations included in this study and provide information on any measures taken as a follow-up to them to address inequalities in remuneration between men and women.