Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equal Remuneration Convention, 1951 (No. 100) - Bahamas (Ratification: 2001)

The Committee notes with regret that the Government’s brief report does not reply to any of the matters raised in the Committee’s previous comment. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by “not affording the employee access to opportunities for promotion, training, and other benefits”, and by “paying him at a rate of pay less than the rate of pay of another employee …”. In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment. In the light of this requirement of the Convention, the Committee notes that the term “rate of pay” appears to be narrower than the term “remuneration” as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term “rate of pay” used in section 6(b) of the Employment Act, as compared to the terms “basic pay”, “wage” and “remuneration” defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes that section 6(b) refers to the concept of “equal value” in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention. The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998.