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Equal Remuneration Convention, 1951 (No. 100) - Gambia (RATIFICATION: 2000)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 2 of the Labour Bill 2005 defines remuneration as “all things of monetary value received by an employee in exchange of his and her services”. The Committee considers that it is still unclear whether this definition indeed covers direct as well as indirect payments of cash and in-kind bonuses and allowances. It asks the Government to clarify the meaning of “all things of monetary value” and to indicate whether this also covers direct and indirect payments in kind.

2. Article 1(b). Legislation providing for equal remuneration for work of equal value. The Committee regrets to note that the Labour Bill 2005 does not set out the principle of equal remuneration for men and women for work of equal value. It also notes the Government’s statements that there is no discrimination with regard to equal remuneration between men and women for equal work, and that differences in remuneration are based on experience, productivity and working conditions, which are not gender biased. The Committee recalls that the protection under the Convention goes beyond equal remuneration for equal work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature but nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on this Convention and urges the Government to consider including a specific provision in the new Labour Code providing for equal remuneration for men and women for work of equal value.

3. Article 2(2)(b). Wage determination machinery. With reference to its previous comments on the criteria and methods used by the joint industrial councils and the Government in determining wage rates, the Committee notes the Government’s statement that the criteria for salary increments in the public service are based on the cost of living. The Committee, while appreciating this information, asks the Government to indicate in its next report the criteria and methods used to determine the classification of jobs and their corresponding wage scales in the public service without discrimination based on sex.

4. Article 2(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration applies to all workers covered by collective agreements. It reiterates its request to the Government to provide copies of collective agreements ensuring the application of the principle of equal remuneration for work of equal value.

5. Article 3. Job evaluation. The Committee notes that job evaluation and occupational classification has become part of the mandate of the National Training Authority (NTA), which works in close collaboration with the Department of Labour and the Labour Advisory Board. Noting the Government’s indication that it will inform the Committee of any further developments in this regard, the Committee hopes that the Government will soon be able to provide information on any measures taken by the NTA and the Labour Advisory Council to undertake the objective evaluation of jobs performed by men and women. Please also refer to the Committee’s general observation of 2006 in this regard.

6. Part V of the report form. The Committee recalls its general observation of 1998 on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration for work of equal value. It reiterates its request to the Government to provide all available information indicating the distribution of women and men in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on this Convention.