Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that section 6(6) and (7) of the Employment Act, 2006, provides for the principle of equal remuneration for men and women for work of equal value. However, the legislation does not spell out an explicit definition of “remuneration”. The definition of “wages” in section 2 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee further recalls that the use of “any additional emoluments whatsoever” in the definition of “remuneration” set out in Article 1(a) of the Convention requires that all elements that a worker may receive for his or her work are taken into account when comparing remunerations to implement the principle of equal remuneration for work of equal value. For the purpose of applying the principle of equal remuneration for men and women for work of equal value as provided for in the Employment Act, 2006, the Committee requests the Government to amend the legislation to ensure that “remuneration” is defined so as to include the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment and thereby fully implement the Convention.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. The Committee notes the Government’s indication that salaries are attached to job titles not to job holders, through the process of job evaluation. As far as methods and criteria are concerned, the Government indicates that information relating to the operations and responsibilities of a specific job is analysed, resulting in job descriptions and job specifications. While noting this information, the Committee would like to draw the Government’s attention to the fact that there are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective criteria relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions. Special attention is needed when establishing or reviewing job classifications and corresponding salary scales to ensure that the rates fixed are free from gender bias and in particular that certain skills considered to be “female”, such as manual dexterity or skills required in the caring professions, are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraphs 700–701). Recalling that the Government was referring to a “comprehensive job analysis” undertaken for the entire public service in its previous report of 2015, the Committee once again requests the Government to provide details on the method and criteria used for this analysis, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes the Government’s indications that it has appointed the Minimum Wages Advisory Board “to ensure equal pay for equal work regardless of gender”. The Committee recalls that, as women are often concentrated in low-paid jobs, the fixing of minimum wages can make an important contribution to the application of the principle of “equal remuneration for men and women for work of equal value” (that is, not only for “equal” or “similar” work but also work that is of an entirely different nature which is nevertheless of equal value as determined through objective job evaluation). It is therefore important to ensure that the job evaluation method used to design or adjust sectoral or occupational minimum wage schemes is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female”, as mentioned earlier, are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration by the Minimum Wages Advisory Board, throughout the development of the new minimum wages schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Labour Board produced a report highlighting the principle of the Convention. The Committee requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. The Committee asks the Government to continue to provide information on any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee recalls that the Equal Opportunities Commission (EOC) is an independent constitutional body with powers to receive, investigate, hear and determine complaints for discrimination, and raise awareness of equal opportunities and affirmative actions. The Committee requests the Government to provide information on the enforcement and awareness-raising activities conducted by the EOC relating specifically to the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide any statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.