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

Article 1 of the Convention. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee previously considered that this definition of “work of equal value” could unduly restrict the scope of comparison of jobs performed by men and women. Although the Government reiterates in its report that neither women nor men are in any way prejudiced in the application of the concept of equal value, the Committee remains concerned over the definition contained in section 2(a) of the Labour Act. The Committee recalls its 2006 general observation, stressing the importance of ensuring that legal provisions are not narrower than the principle of equal remuneration for men and women for work of equal value. The Committee stated in the general observation that legal provisions which are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “equal pay for work of equal value”. The Committee, therefore, asks the Government to take the necessary steps to amend section 2(a) of the Labour Act to ensure that the concept of work of equal value reflected in section 5(2a) is not understood and applied in a restrictive manner. Please indicate the steps taken or envisaged in this regard.

Article 3. Job evaluation. The Committee notes that a job evaluation exercise is currently being carried out in the public service. The results of the job evaluation undertaken in the motor industry are not yet available. The Committee also notes the Government’s indication that the National Gender Policy contributed to gender sensitive job evaluation. The Committee asks the Government to continue to provide updated information on the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors. It asks the Government to provide more detailed information on how it promotes gender-sensitive job evaluation in the context of the National Gender Policy.

Enforcement. Noting the Government’s indication that during the reporting periods there were no known cases of violations of section 5(2a) of the Labour Act, the Committee wishes to stress the importance of raising awareness of the legislation among workers and employers and their organizations. It asks the Government to indicate any measures taken in this regard and to continue to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistical information. The Committee asks the Government to continue to make every effort to strengthen the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard.