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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1 of the Convention. With reference to its previous comments concerning the definition of remuneration provided in the Labour Act and Wages Councils Act (edition 2000), the Committee notes the Government’s statement that the broad definition enshrined in Article 1(a) of the Convention takes precedence over the definition in section 126 of the Labour Act, but does not supersede the Wages Councils Act. In its previous comments, the Committee had noted that the definition contained in section 10(1) of this Act appeared to be more restricted than the one included in the Convention as it only covered payments in cash. The Committee recalls that the notion of remuneration covered by Article 1(a) of the Convention applies to all additional emoluments whether they are paid in cash or in kind. Noting that section 10(2) of the Act provides that wages regulation orders may contain provisions authorizing specified benefits or advantages to be reckoned as payment of wages in lieu of payment in cash, the Committee asks the Government whether any wage regulations have been adopted that provide for payments in kind and to provide information on how the principle of equal remuneration between men and women for work of equal value is applied to payments in kind for those workers covered by the Wages Councils Act.

2. Further to the above, the Committee notes that section 58(1) of the Services Commissions Regulations of 2001 provides that on the death of an officer who contributed to the Widows’ and Children’s Pension Fund, pension shall be paid to the wife and children under the age of 16 and those children pursuing full-time education. Recalling that the principle of the Convention also applies to all additional emoluments, the Committee asks the Government to indicate whether under the Regulations, a pension will also be paid to the husband of female officers who contributed to the Fund. The Government is encouraged to consider bringing the wording of section 58(1) into conformity with Article 1(a) of the Convention as soon as the occasion of a revision of the said Regulations arises.

3. The Committee notes with interest the adoption of the National Action Plan, entitled “Belize equity and equality strategic plan: Facilitating the implementation of a national gender management system”, which resulted in the decision to draft a National Gender Policy and an Equal Pay Bill. The Committee further notes from the statistics on the employed labour force by monthly income and sex for the period 1995–99 that women make up only 30 per cent of the employed labour force and that overall women are significantly less well represented than men at all income levels; while the highest proportion of both men and women can be found in the lower income levels (between BLZ$119 and BLZ$959), women are, with a few exceptions, significantly under-represented in the middle and higher income levels with, for example, no representation at the income level of BLZ$2,604 to BLZ$2,759, and only 13 per cent in the highest income level of BLZ$2,880 and over. The Committee asks the Government to provide information on the reasons for these marked differences in income levels. Noting further that the abovementioned action plan aims to develop strategies to empower women and to increase their wealth and employment-generation opportunities, the Committee asks the Government to indicate the measures taken under the Plan and the new National Gender Policy to promote the employment of women in general and in particular in higher income level jobs, with a view to reducing the income gap as well as inequalities in remuneration between men and women, and to promote equal remuneration for men and women for work of equal value. Please also provide information on any progress achieved in the adoption of the National Gender Policy as well as the Equal Pay Bill.

4. Article 2. The Committee notes from the Government’s report that all posts in the public sector have been classified by a pay scale which allows for posts of similar categories to be grouped together and remunerated equally, and that qualification requirements are set based on the pay scale and technical nature of the posts. It further notes that when setting the criteria for the classification of posts in the public service, consideration is given to technical positions of a similar nature, similarities in duties and responsibilities, seniority with respect to supervision, the career path in certain grades and training and experience. The Committee asks the Government to provide with its next report copies of the prevailing pay scales for the corresponding grades and posts in the public sector together with an indication of the numbers of men and women employed at the various pay scales and grades.

5. With regard to the determination of wages in the private sector, the Committee notes the Government’s statement that in non-unionized workplaces wages are determined by individual agreements between the worker and the employer, and through legally established wage regulations for certain categories of workers (i.e. manual workers, shop assistants and domestic workers). The Committee also notes from the Government’s report to the Committee on the Elimination of Discrimination Against Women (A/C/BLZ/1-2, 1996) that women in the private sector are concentrated in low-paid female-dominated occupations which are often not covered by wage regulations. It asks the Government to provide information on how it is promoting the application of the principle in non-unionized workplaces in the private sector, especially for those categories of workers that are not covered by wage regulations. Furthermore, noting the Government’s statement that the principle of the Convention is applied in wage regulations because the rates stated do not differentiate between women and men, the Committee asks the Government to provide information on the methodology used by the Wage Council to determine wages and to ensure that no gender bias exists in the determination of wages across the various industries. With respect to the unionized sector, the Committee notes the rates of pay (2000–01) in Schedule 3(2) appended to the collective agreement signed between the Belize Communications Workers’ Union and Belize Communications Limited. Please provide information on the number of men and women employed at the different grades in Schedule 3(2). It further notes with interest that section 4 of the collective agreement signed in the banking sector entitled “Equality of rights” includes a provision that the bank shall pay the same salaries to both male and female employees in accordance with job classifications, and asks the Government to continue to supply copies of collective agreements including equal pay provisions.

6. Article 3. With regard to the objective appraisal of jobs in the public and private sectors, the Committee notes that the Government refers to section 4 (Performance report and assessment) of the collective agreement of 2001 signed between the Central Bank of Belize and the Christian Workers’ Union (2001) and to the explanation provided by the Ministry of Public Service with regard to individual job assessments in the public service which both refer to annual performance appraisals of individual employees and public officers. The Committee draws the Government’s attention to paragraphs 138, 139 and 141 of its General Survey of 1986 on the Convention and points out that job evaluation is a method which, through analysing the content of jobs, seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It is concerned with evaluating the job and not the individual worker. It asks the Government to indicate whether it is considering the introduction of an objective system of job evaluation, either generally, or in respect of particular branches of activity, in the public sector, or its promotion in the private sector.

7. Parts III, V and VI of the report form. Taking into consideration the Government’s statement that it is not yet in a position to provide full statistical information with regard to the Committee’s previous request, the Committee encourages the Government to continue to work towards the compilation of the statistical information set out in its 1998 general observation on this Convention and to continue to provide, where currently available, statistical data disaggregated by sex, by earning level, and by branch of economic activity and occupation in both the public and private sectors. With reference to its previous request, please also provide any other information, such as reports from the regular inspection and advisory services and administrative and judicial decisions which may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice.