Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as “enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman”. The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.