Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

With reference to its previous comments, the Committee notes from the report of the Government that, as the Labour Advisory Board had not been able to reach unanimity on the draft Industrial Relations Act (prepared with the assistance of the International Labour Office), the Minister for Labour and the Public Service has appointed a tripartite Commission of Inquiry to examine all aspects of labour relations in the country. The Committee hopes that the Government will be in a position to indicate in its next report that progress has been made on revising the country's labour legislation and that, in this context, measures will have been taken to further the application of the Convention both in law and in practice.

The Committee further notes the Government's assurance that the comments formulated on the application of the Convention will be taken into consideration when the final draft of the legislation is discussed. The Committee therefore hopes that the Government will be able to address the following specific points raised in its previous direct request and which have been outstanding for some time:

1. The Committee requests the Government to provide an explanation of the criteria and the procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989).

2. Noting that the third schedule "Weekly ration scale" to the collective agreement concluded for the Swaziland manufacturing and refining industry establishes different ration entitlements for married and single employees and that note (1) of the schedule defines a married employee to be "an employee who has registered a wife with the employing company subject to the registration rule, and whose wife is normally resident in the State with the employee", the Committee draws attention to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly whether in cash or in kind. It thus requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. As regards the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees, the Committee notes that the provisions concerning the allocation of government quarters (contained in the General Orders) refer to houses owned by an "officer and his wife" (sections A704, A705(4) and A706). The Committee thus requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary, but also any other additional emoluments whatsoever, including housing and family allowances).

4. The Committee also requests the Government to provide, in its next report, full information concerning the implementation of the Convention, including (i) the salary scales applying in the public sector, with an indication of percentages of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women.

5. The Committee requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.