Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the brief report of the Government and asks it to provide information on the following points.

1. The Government indicates that there is no evidence that in practice there is or could be any indirect salary discrimination resulting from collective agreements that allow bereaved widows compassionate leave. The Committee recalls that in its previous comments it pointed out that discrimination on compassionate leave between men and women not only arises from collective bargaining but also from section 9(1) of the Regulation of Wages (Agricultural Industry) Order, 2000, that accords different treatment to male and female workers in respect of compassionate leave, granting widows 30 calendar days of leave, while widowers receive only seven days’ leave. The Committee asks the Government to consider providing for equivalent periods of compassionate leave for both male and female workers in the event of the death of their spouse.

2. In its previous direct requests the Committee asked the Government to indicate any measures taken or envisaged to promote the development, adoption and application of non-discriminatory policies in both the private and public sectors. The Committee takes note of the information provided in the Government’s report according to which the promotion of Equal Pay Provisions of the Employment Act are left to social partners. However, the Committee noted that no indication has been given in the Government’s report on the application of the principle of equal remuneration between men and women for work of equal value in the public sector. It hopes therefore that the Government will provide this information in its next report. Please also provide examples of private sector implementation of the principle of equal pay for work of equal value.

3. Noting that the statistics indicated in the Government’s report as an annex were not attached to the report, the Committee would be grateful if the Government would provide information, including statistical data disaggregated by sex on earnings in the different sectors, in accordance with its general observation of 1998. It also asks the Government to provide a copy of the National Development Strategy.