Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that a draft Equal Pay Act had been prepared, which, however, did not reflect the principle of equal remuneration for men and women for work of equal value. The Committee urged the Government to ensure that the legislation includes an explicit reference to this principle. In its report, the Government indicates that it intends to resubmit the draft Equal Pay Act to the National Tripartite Committee for review later in 2009. The Committee urges the Government once again to ensure that the future equal pay legislation is in full compliance with the Convention and that it explicitly refers to the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide a copy of the draft legislation, and provide the final text once adopted.

Article 2, paragraph 2(b). Minimum wages. The Committee notes that a national minimum wage was introduced in 2008, covering all sectors and workers irrespective of sex. The Committee also notes the Government’s indication that the ongoing law review is expected to include specific criteria to ensure that recommendations on minimum wages are free from gender bias. The Committee asks the Government to provide information on the measures taken in the context of the law review to ensure that minimum wage determination is free from gender bias. It also asks the Government to provide information on the distribution of men and women in the categories of work covered by the minimum wage orders, as soon as such information is available.

Article 3. Objective job evaluation. The Committee notes that a job evaluation exercise for the civil service started in 2008 and is expected to be completed in 2010, and that the Government also intends to promote job evaluation in the private sector. The Committee trusts that the Government will ensure that gender equality and equal remuneration for men and women for work of equal value are pursued as specific objectives of the job evaluation exercise in the public service, and asks it to provide further information on the methodology used and results of the exercise. Further, the Committee asks the Government to continue to provide information on the measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee notes that the Government intends to continue its dialogue with regard to the application of the Convention with the social partners as well as civil society organizations, such as the Business and Professional Women Organization. Please provide more detailed information on the specific activities carried out and their outcomes.

Enforcement. The Committee notes from the Government’s report that the Department of Labour envisages the establishment of a labour inspection service to supervise the relevant provisions and to ensure greater cooperation with the Ministry of Gender Affairs. However, the Department currently lacks the necessary human resources. The Committee trusts that the necessary steps to establish a well functioning labour inspection service which pays due attention to monitoring the application of the Convention’s principle can be taken in the near future, and asks the Government to provide information on any further developments in this regard. Please also provide any court decisions regarding equal remuneration for men and women for work of equal value.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women in the different sectors and occupations as soon as they become available.