Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of remuneration under section 3 of the Labour Code partially applies the Convention definition but fails to refer to indirect elements of remuneration. The Committee notes however that the Labour Code is currently being redrafted. It hopes that it will include a comprehensive definition of remuneration including both direct and indirect payments of cash or in-kind bonuses and allowances.

2. Article 1(b). Legislative protection. The Committee notes that the Labour Code does not set out the principle of equal remuneration for work of equal value. Although the Government reports that generally men and women receive the same remuneration for the same work, which is in any event narrower than the concept of work of equal value under the Convention, it also states that women in the same occupations are not paid the same as male colleagues due to, for instance, their lack of field experience. The Committee hopes that the new Code will clearly set out the principle of equal remuneration between men and women for work of equal value and will allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of work and pay levels for women. The Committee asks the Government to provide information on the progress of the new draft and the impact of any amendments on the application of the Convention.

3. Article 2(2)(b). Wage determination machinery. The Committee notes from the Government’s report and section 151(1) of the Labour Code that joint industrial councils shall fix minimum terms of employment, including minimum rates of remuneration. The Government also reports that the financial instructions determine the pay for the public sector. The Committee notes, however, that no information has been provided on the methods or criteria used for fixing minimum wages in either the private or public sector. In order to assess application of the Convention and in particular to ensure that the grounds used for setting rates of remuneration are not discriminatory, the Committee asks the Government to provide information on the methods and criteria used by both the joint industrial councils and the Government in determining wage rates.

4. Article 2(c). Collective agreements. The Committee notes from the Government’s report the existence of certain collective agreements. However, it is not clear whether these agreements ensure the application to all workers of the principle of equal remuneration. The Committee asks the Government to provide copies of these agreements with its next report.

5. Article 3. Job evaluation. The Committee notes that under section 64(1) of the Labour Code, the Labour Advisory Board can revise recognized trade and job classifications and job descriptions applied by any joint industrial council. The Committee recalls that Article 3(1) of the Convention provides that measures should be taken to promote objective appraisal of jobs on the basis of the work to be performed, where this action will assist in implementing the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women (see paragraph 138, General Survey on equal remuneration, 1986). The Committee would therefore welcome information from the Government on any action taken by the Labour Advisory Board under this section and in particular whether it, or joint industrial councils, have adopted measures to compare objectively the value of jobs.

6. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sector, occupational group and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.