Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  The Committee notes that in response to its question regarding the measures taken to ensure that payments made above the minimum wage fixed by collective agreements are paid in accordance with the Convention, the Government indicates that the 1994 Employment Regulations require the registration of the "Notice of the Terms of Engagement" in respect of any employee commencing employment with an employer registered in Gibraltar. The Employment and Training Unit, responsible for registrations, is able to verify compliance with the Convention of remunerations. The Committee also notes compliance with the Convention of sections 52(a)-52(g) of the Employment and Training Ordinance, which incorporate into national legislation European Community Council Directives Nos. 76/207 of 9 February 1976 on the principle of equal treatment and 75/117 of 10 February 1975 on the principle of equal pay. In particular and from a legal perspective, the Committee notes that under these provisions any person who considers him/herself victim of an act which violates the principle of equal remuneration may lodge a complaint with the Industrial Tribunal. Similarly, the Committee notes the powers vested in labour inspectors to ensure application of the legislation in force. The Committee would be grateful if the Government would provide details of any complaints lodged with the Industrial Tribunal or violations observed which have been based on these provisions and the subsequent decisions handed down.

2.  The Committee notes the Government’s statement to the effect that the lack of parity between the average wage earned by men and women in full-time employment is due, in the main, to the fact that men predominate in the better paid positions, and work longer hours. The Committee would be grateful if the Government would transmit the data available, in surveys, reports or other such documents, on the participation of male and female workers according to category and sector of employment and in the labour market as well as data on the hours worked by male and female workers. The Committee also requests the Government to continue to provide statistics on salaries and wages paid to male and female workers in the private and public sectors and to report on the measures taken or envisaged to promote and facilitate access by female workers to positions offering higher levels of remuneration, where they continue to remain unrepresented. In this regard, the Committee requests the Government to refer to its 1998 general observation on this Convention.

3.  Finally, the Committee requests the Government to transmit any information relating to the establishment of systems for comparative job evaluation.