Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. In its previous comment, the Committee requested the Government to: (1) take measures to include provisions in the legislation giving full effect to the principle of the Convention; and (2) provide information on the decision of the Attorney-General’s Chambers on the question of whether section 33(2) of the Constitution, which prohibits discriminatory laws in general, can be considered as setting out the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee notes the Government’s indication in its report that the Labour Act of 2007 is under revision and that it is currently being examined by the Ministry of Justice and that the draft Constitution of 2020 does not set out the principle of equal remuneration for men and women for work of equal value, but only the principle of just remuneration in Article 60(a). In this regard, the Committee notes that in September 2020 the Parliament rejected the new draft Constitution. The Committee requests the Government to take the opportunity of the current review of the Labour Act of 2007 to set forth the principle of equal remuneration for men and women workers for work of equal value and to provide information on any progress in this respect.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. In its previous comment, the Committee requested the Government to indicate any measures taken to promote the application of the principle of the Convention through collective bargaining and the manner in which it cooperates with the social partners with a view to giving effect to the Convention. The Committee notes the Government’s indication that agreements between the parties are normally forwarded to the Commissioner of Labour for enforcement provided that their conditions are not less favourable than those of the Labour Act. It also notes the establishment of five Joint Industrial Councils which determine minimum terms and conditions of employment and minimum wages by trade. The Committee requests the Government to provide information on: (i) the manner in which it promotes the principle of the Convention among the social partners; and (ii) the means by which it is ensured that the remuneration rates set by Joint Industrial Councils are determined without either direct or indirect discrimination on the basis of gender. The Committee also requests the Government to provide copies of collective agreements containing clauses on equal remuneration for men and women workers for work of equal value.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to: (1) provide information on the specific measures adopted by the National Training Authority, in collaboration with the Labour Advisory Board, for the objective evaluation of jobs held by men and women, and to specify the evaluation methods and the criteria envisaged or used for this purpose; and (2) provide information on the evaluation of jobs in the public service. The Committee notes the information provided by the Government to the effect that: (1) the National Accreditation and Quality Assurance Agency (NAQAA) has replaced the National Training Authority in the private sector and parastatal enterprises; and (2) the interim report on the implementation of the job evaluation exercise in the public sector is awaiting publication. The Committee once again requests the Government to provide information on the specific measures taken by the NAQAA, in collaboration with the Labour Advisory Board, to undertake an objective evaluation of jobs performed by men and women, with an indication of the evaluation method and the criteria envisaged or used for this purpose. The Committee also requests the Government to provide a copy of the interim report on the implementation of the job evaluation exercise in the public sector.

Enforcement. The Committee previously requested the Government to: (1) provide information on any cases relating to the principle of equal remuneration for work of equal value or wage discrimination that come before the courts; and (2) take measures to collect and disseminate court and labour tribunal rulings on equal remuneration and wage discrimination as an important means of improving awareness of existing laws and procedures and assessing their effectiveness. The Committee notes the Government’s indication that no cases of discrimination relating to equal remuneration for men and women for jobs of equal value have come before the courts. However, it notes that, according to the Global Gender Gap Report 2020 of the World Economic Forum, the wage gap between men and women in Gambia is 65 per cent. In this regard, the Committee wishes to recall that, where no cases or complaints of discrimination, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore invites the Government to raise awareness of the relevant legislation and the concept of equal value set out in the Convention, reinforce the resources available to the competent authorities, including magistrates, labour inspectors and other public service officials, to identify and address cases of discrimination and inequality of remuneration, and to ensure that the provisions that are in force, both respecting the substance and procedures, in practice provide complainants with every opportunity to assert their rights. The Committee also requests the Government to indicate the measures adopted to promote the principle of job evaluation, without which it is difficult to determine the relative value of jobs.

Statistics. The Committee recalls that, in its previous comment, it requested the Government to take measures to collect and analyse statistical data on the distribution of women and men in all the various economic sectors and occupations and their earnings, in the public and private sectors, and to provide information in this regard. The Committee notes the information contained in the 2018 survey of the active population and refers in this respect to its comment on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In order to permit an adequate evaluation of the nature, extent and causes of the gender pay gap and the progress achieved in implementing the principle of the Convention over the years, the Committee invites the Government to refer to its general observation published in 1999, which sets out the type of statistical data, disaggregated by gender, that it wishes to receive, including: (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked), and hours of work (defined as hours actually worked and paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above). The Committee requests the Government to provide the statistical data referred to above and, in the meantime, all data disaggregated by gender currently available in this regard, while continuing to work towards the compilation of the statistical information set out above.