Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Equal Remuneration Convention, 1951 (No. 100) - Mauritius (Ratification: 2002)

The Committee notes the information in the Government’s first report and in the attached documentation. The Government is requested to provide information on the following points.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the definition of remuneration in section 2 of the Labour Act, 1975, which applies both to the private and public sectors and includes "all emoluments earned by a worker under an employment contract". Recalling that the notion of remuneration covered by Article 1(a) of the Convention applies not only to the basic salary but also to any additional emoluments whether paid in cash or in kind, the Committee asks the Government to confirm whether the definition in the Labour Act covers each of these elements.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that neither the Labour Act nor the Industrial Relations Act (nor the Employment and Industrial Relations Bill intended to replace it) contain a provision explicitly providing for equal remuneration for men and women for work of equal value. It notes, however, that in more general terms, the Sex Discrimination Act 2002 and the Equal Opportunities Bill 2005, which is intended to replace it, prohibit discrimination on the basis of sex in employment and occupation. In addition, the Code of Conduct for a Conflict Free Workplace Practice (2003) provides in section (i)(ix) that there shall be equal pay for men and women for work of equal value. In the light of the above, the Committee encourages the Government to use the current legislative developments to give legal expression to the principle of equal remuneration for men and women for work of equal value. In the meantime, the Committee asks the Government to provide information demonstrating that the principle of the Convention is being applied in practice, including through the Code of Conduct.

3. Article 2. Determination of wages. Remuneration orders. The Committee notes that in the private sector wages are prescribed by collective agreements, arbitration awards and Remuneration Order Regulations in 29 sectors, collective agreements. The Committee notes the information in the Government’s report that the National Remuneration Board (NRB) is making efforts to ensure that job appellations and classifications are based on the principle of equal remuneration for work of equal value, but that a number of Remuneration Orders have still been identified as containing pay differentials or wage categories based specifically on a worker’s sex: the Tea Industry Workers (Remuneration Order) Regulations, 1984; the Livestock Workers (Remuneration Order) Regulations, 1983; the Salt-manufacturing Industry (Remuneration Order) Regulations, 1983; the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations, 1983; the Field-crop and Orchard Workers (Remuneration Order) Regulations, 1991; and the Catering Industry (Remuneration Order) Regulations, 1987. Furthermore, the recently adopted Blockmaking, Construction, Stone Crushing and Related Industries (Remuneration Order) Regulations, 2003 also continue to include gender-specific job nominations such as "foreman" and "watchman". The Committee commends the Government for acknowledging the incompatibility of sex-based classifications with the principle of the Convention and notes the Government’s commitment to review and rectify any outstanding gender-specific job appellations, for which it has requested assistance from the ILO. The Committee asks the Government to keep it informed of any developments in the NRB’s ongoing investigation into sex-based classifications in the above Remuneration Orders and asks the Government to forward copies of the revised Orders as soon as they are amended. Please also provide information, disaggregated by sex and occupation, on the number of men and women employed in the various sectors covered by Remuneration Orders.

4. Article 2. Determination of wages. Collective agreements. The Committee notes that collective agreements play an important role in setting worker remuneration rates in both the public and private sectors. The Government gives no indication, however, as to how it promotes the principle of equal remuneration with respect to these agreements. The Committee refers the Government to paragraphs 226-238 of its 1986 General Survey on equal remuneration in which it highlights the role of the authorities in supervising the legality of the clauses in collective agreements and the inclusion of the principle of equal remuneration. In this regard, the Committee asks the Government to provide copies of available collective agreements adopted in the public and private sectors and to indicate the number of men and women covered by these agreements. Please also provide additional information on any existing or planned measures to ensure that employers’ and workers’ organizations promote and respect the principle of equal remuneration in the negotiation and execution of their respective collective agreements.

5. Article 2. Public service schemes. The Committee notes that the Pay Research Bureau (PRB) is the body responsible for setting wages and other working conditions in the public sector. The Government indicates in this regard that wages are fixed on the basis of job content without distinction between male and female workers. The Committee notes with interest from the PRB’s most recent report (2003), that in the creation, review and restyling of grades, it attempts to use neutral terms and thereby avoid sex-specific job descriptions. It notes, however, that certain sex-specific job categories continue to be applied, particularly with respect to the setting of monthly rent allowances for prison officers and rehabilitation youth centre workers, as well as in the classification of education ushers and nurses, but that remuneration rates appear to be the same for otherwise identical male and female positions. The Government should be aware, however, that as long as sex-specific categories are used, the risk remains that these could result in unequal remuneration between men and women for work of equal value. The Government is requested to clarify the continuous use of these sex-based job appellations as well as to indicate what further measures it intends to take with a view to eliminating all sex-based distinctions in the PRB’s job classification scheme. Please also provide information on the distribution of men and women in various job categories under the job classification scheme.

6. Article 3. Objective job evaluation. The Committee notes the information in the Government’s report regarding the capacity of the PRB and the NRB to conduct job appraisal exercises. It also notes with interest that within the context of the Government’s investigation into sex-based job classifications, including with respect to the abovementioned Remuneration Orders, it has sought assistance from the ILO to conduct a job appraisal exercise. The Committee asks the Government to keep it informed on any progress made in developing and implementing methodologies for objective job appraisals free from gender bias in both the public and private sectors, along with the results achieved towards the elimination of inequalities in remuneration between men and women for work of equal value.

7. Article 4. Cooperation with the social partners. The Committee notes that the proposed Employment and Labour Relations Bill modifies the existing structure of the NRB by transforming it into a tripartite body with equal representation from employers’ and workers’ organizations and Government. It further notes the Government’s indication that in the public sector, the PRB consults with public service management and with the federations of staff associations and various unions in the course of preparing its reports. The Government is requested to continue to provide detailed information on the specific activities carried out with organizations of employers and workers to apply the principle of the Convention.

8. Parts III and IV of the report form. The Committee notes that the Inspection and Enforcement Division of the Ministry of Labour, Industrial Relations and Employment (MLIRE) is entrusted with the application of the legislation pertaining to the private sector, and that in instances of non-observance of the law, the Division provides a free service to workers by initiating and conducting their cases in court. The Committee also notes that cases of alleged wage discrimination may also be referred to the Sex Discrimination Division of the Commission of Human Rights (to be replaced by the Equal Opportunities Commission under the Equal Opportunities Bill). Noting from the statistics published by the MLIRE that inspection services are mainly carried out in sectors covered by Remuneration Orders, the Committee asks the Government to provide details about the manner in which the labour inspectorate assesses workplace compliance with the principle of equal remuneration in these sectors and whether it has assisted any workers in bringing cases of alleged wage discrimination to court and, if so, the outcome in those cases. Please also provide information on the number and nature of any complaints referred to the Sex Discrimination Division relating to the application of the Convention.

9. Part V of the report form. Practical application and wage differentials in export processing zones (EPZs). The Committee notes the statistics collected by the Ministry of Labour, Industrial Relations and Employment regarding the number of workers and their earnings in large EPZ establishments in March 2005. The Committee draws the Government’s attention to the apparent segregation of women workers in industrial groups where earnings are lower compared with those groups where there is a higher proportion of male workers. For instance, the average monthly earnings in March 2005 for all EPZ workers (male and female) was Rs.6,706. Yet, in those sectors where women workers were in the vast majority (food (70 per cent), wearing apparel (except footwear) (66 per cent), and other (77 per cent)), the average monthly earnings were below average (Rs.6,048, Rs.6,428 and Rs.6,103 respectively). On the other hand, in two particular sectors heavily dominated by male workers (textiles (63 per cent) and paper products, printing and publishing (69 per cent)), monthly earnings exceeded the average (Rs.8,120 and 8,724 respectively). Given that job segregation constitutes an obstacle to the application of the principle of equal remuneration for work of equal value, the Committee asks the Government to clarify and address these apparent wage disparities between men and women in the EPZs. Please also indicate what measures have been taken to eliminate indirect discriminatory pay differentials that occur through horizontal and vertical segregation of women in the labour market and to eliminate the underestimated value of work traditionally performed by women.

10. The Committee notes with interest the project entitled "Gender equality and empowerment of women" undertaken in partnership with UNDP and the ILO, which intends, among other things, to develop strategies to address employment inequalities in compliance with Convention No. 100. It asks the Government to keep it informed of the outcomes of the abovementioned project with respect to the promotion of equal remuneration for work of equal value.