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

Legislation. Equal remuneration for work of equal value. The Committee recalls that section 68 of the Labour Act 2003 provides that every worker shall receive equal pay for equal work without distinction of any kind. In its previous comments, the Committee pointed out that section 68 is more restrictive than the principle of equal remuneration for men and women for work of equal value as set out in the Convention. As indicated in the Committee’s 2006 general observation, the principle of equal remuneration for “work of equal value” includes, but goes beyond, equal remuneration for “equal work” and also encompasses work that is of a different nature, but which is nevertheless of equal value. Provisions that are narrower than the principle as laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women at work, and governments are therefore urged to amend them. Reflecting the concept of “work of equal value” in the legislation is essential as it allows for a broad scope of comparison which is of importance for giving effect to the Convention’s principle in situations where men and women perform different jobs which are nevertheless of equal value. Noting the Government’s indication that the Committee’s comments concerning section 68 of the Labour Code will be addressed by the Attorney-General and the Ministry of Manpower, Youth and Employment, the Committee asks the Government to provide information on the specific steps taken in this regard and the progress made with a view to amending section 68 of the Labour Code to ensure full conformity with the Convention.

Remuneration in the public sector. The Committee notes the enactment of the Fair Wages and Salaries Commission Act 2007. Under the Act, the Commission is to ensure fair, transparent and systematic implementation of the government public service pay policy and to develop, advise on and ensure that decisions are implemented on matters related to, inter alia, remuneration, grading, classification, as well as job analysis and job evaluation (section 2). The Government indicates in its report that the Commission has hired a consultant to undertake a job evaluation exercise. A Single Spine Salary Structure Policy and the implementation of a new salary structure is planned for 2008. The Committee asks the Government to provide information on the specific measures taken by the Fair Wages and Salaries Commission to ensure full application of the principle of equal remuneration for men and women for work of equal value in the public service, in particular in the context of job grading and classification. It also asks the Government to ensure that the principle of equal remuneration for men and women for work of equal value is recognized as an explicit objective in the future public sector pay policy. Stressing the need to ensure that the job evaluation methods are objective and free from gender bias, the Committee asks the Government to provide detailed information on the methods used in the ongoing job evaluation exercise and how it is ensured that jobs predominantly occupied by women are not undervalued compared to jobs predominantly occupied by men.

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