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

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:

Article 1(a) of the Convention. Definition of remuneration. With reference to its previous comments regarding the terminology used to define remuneration in the Employment Act, 1978, the Industrial Organizations Act, 1962 and the Public Services (Management) Act, the Committee notes that the draft Industrial Relations Bill includes a more inclusive definition of remuneration in conformity with Article 1(a) of the Convention. The Committee also notes that the Government intends to include a similar definition in the Employment Act of 1978, once it is reviewed. The Committee welcomes this new draft definition in the Industrial Relations Bill and asks the Government to keep it informed of its adoption, as well as of any developments with regard to the revision of the Employment Act, 1978.

Article 1(b). Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that section 97(2) of the Employment Act of 1978 only provided protection against wage discrimination for the same work, which is not sufficient to implement the Convention. The Committee notes the Government’s statement that the issues raised by the Committee in its previous direct request will be taken into consideration when reviewing the Employment Act, 1978, which is due after the completion of the Industrial Relations Bill. The Committee, however, also notes that section 9 of the draft Industrial Relations Bill still refers to work that is the same, similar or equivalent, which is still too narrow to reflect fully the concept of “work of equal value”. While subsection (c) refers to skill, effort, responsibility and conditions as appropriate criteria to determine equal value, the fact that they need to be the “same or substantially the same” seems to be too restrictive. The Committee refers to its 2006 general observation on this Convention and asks the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, will not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value. Please keep the Committee informed of any progress made in the amendment and adoption of the said legislation.

Article 2. Methods of wage determination. The Committee notes the information in the Government’s report on relevant provisions in the legislation determining rates of remuneration. It also notes the Government’s statement that progress in the application of the principle of the Convention is being made by industrial organizations that are aware of the provisions of the Employment Act, 1978, and that since the formulation of the Decent Work Country Programme, most small and medium-sized enterprises are now being made aware of the principle of equal remuneration. The Committee asks the Government how the industrial organizations are taking into consideration the principle of equal remuneration for work of equal value, including in collective bargaining, and to provide copies of collective agreements including provisions on equal remuneration or demonstrating that rates of remuneration have been set without gender bias. Please also provide further details on any other measures taken to promote the application of the principle of the Convention in the private sector, including information on further progress achieved in small and medium-sized enterprises following increased awareness of the principle of equal remuneration.

Article 3. Objective appraisal of jobs. With reference to its previous comments on the application of job evaluation in the public service and its promotion in the private sector, the Committee notes the Government’s statement that methods applied in promoting objective job evaluation are being used by individual industries within the guidelines of the Employment Act and the Public Service (Management) Act. The Committee also understands from the Government’s report that the Minimum Wages Board and the Salaries Conditions and Monitoring Committee appear to have a role in promoting the objective appraisals of jobs in the private sector. The Committee asks the Government to provide in its next report more specific information on measures taken to ensure that the method and procedures for job evaluation used in the public service are applied in practice without gender bias, and how often job evaluations are being reviewed. The Government is also asked to indicate how the Minimum Wages Board and the Salaries Conditions and Monitoring Committee are promoting the objective appraisal of jobs with a view to ensuring that rates of remuneration are set free from gender bias in the private sector.

Part IV of the report form. The Committee notes the Government’s statement that there are no courts of law or tribunals that have issued decisions relating to the application of the Convention. The Government also indicates that there have been no grievances filed in the public service relating to unequal remuneration The Committee recalls that the absence of complaints regarding unequal remuneration does not necessarily indicate the absence of violations of the principle of the Convention. It often results from the lack of awareness or understanding among workers and law enforcement of the right to equal remuneration for work of equal value or the absence of accessible complaints procedures. Noting that the Government will continue to liaise with the relevant judicial and administrative bodies, the Committee asks the Government to keep it informed of any relevant decisions dealing with equal remuneration for men and women for work of equal value. Please also provide information on measures taken or envisaged to raise awareness among workers and law enforcers of the rights under the Convention, and to ensure that complaints mechanism are accessible to all.

Part V of the report form. The Committee notes the Government’s statement that no statistics are available on the level of earnings of men and women in the private sector. The Committee recalls the importance of collecting and analysing statistical information to assess the progress made in addressing existing inequalities in remuneration of men and women. The Committee asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Noting that the salary scales and schedules of public sector employees have not been received by the Office, the Committee also asks the Government to include these in its next report as well as indications of the number of men and women respectively employed in each of the salary scales.