Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Article 1(a). Definition of remuneration. The Committee notes the Government’s confirmation that the definition of remuneration in section 2 of the Labour Act applies to the basic salary as well as to any additional allowances whether paid in cash or in kind. It further notes that money due as a share of profits should not be considered as remuneration, and that the draft Employment Rights Bill includes a similar provision. The Committee draws the attention to the Government that this element should be considered remuneration due to the wide definition contained in Article 1(a) of the Convention. The Committee asks the Government to use the legislative revision to include a clearer definition of remuneration covering all elements, including money due a share of profits, in accordance with the Convention.

2. Article 1(b). Equal remuneration for work of equal value. The Committee has previously noted that the Sex Discrimination Act of 2002 (and the Equal Opportunities Bill intended to replace it) prohibit discrimination based on sex in employment and occupation but did not contain a provision given legal expression to the principle of the Convention. The Committee notes the Government’s indication that the Equal Opportunities Bill is still under preparation and that the guidelines of the Code of Conduct for a Conflict Free Workplace (2003), which provides for equal remuneration for work of equal value, have not yet much been used. It also notes that section 4 of the Employment Rights Bill protects against discrimination based, among other grounds, on sex and that section 20 provides that remuneration for any employee shall not be less favourable for another employee for work of equal value. The Committee hopes that the Employment Rights Bill will be adopted soon and that the Government will consider also integrating a provision in the Equal Opportunities Bill giving legal expression to the principle of the Convention. It also asks the Government to indicate any further steps taken to promote a more intensive use of the Code of Conduct and to provide information on its practical impact.

3. Article 2. Determination of wages. Remuneration orders. With respect to remuneration orders containing pay differentials or sex-based job appellations the Committee notes that the National Remuneration Board (NRB) has made efforts to remove the gender-specific job classifications in the Cinema Employees Renumeration Order (RO) Regulations and the Distributive Trades (RO) Regulations of 2004. The Committee further notes that the NRB is also reviewing the Field Crop and Orchard Workers (RO) Regulations, the Livestock Workers (RO) Regulations and the Travel Agents and Tour Operators (RO) Regulations and that its recommendations will ensure that no gender-specific appellations will be used. On the other hand, the Committee notes the Government’s statement that the references to “Watchman” in the Catering and Tourism Industries (RO) Regulations of 2004 have not been removed because at the time of the review it was considered as not having any connotation to gender. Likewise, the categories “Foreman”, “Watchman” and “Tyreman” in the recently reviewed Block making, Construction, Stonecrushing and Related Industries (RO) Regulations were also not removed because it was found that no prejudice was being caused to workers as such posts are occupied by male workers. The new Export Enterprises (RO) Regulations of 2005 also continue to include a reference to “Watchman”. Furthermore, the review of the remuneration orders in the tea and salt sectors have been postponed to a later period. The Committee considers that assuming that the abovementioned posts should be exclusively filled by men appears to exclude women from accessing such posts if they desired to do so. This would lead to discrimination based on sex and have, indirectly, an impact on rates of remuneration paid to men and women. The Committee further notes that the Action Plan on the National Gender Policy provides that policy guidelines be formulated to set wages based on the job content particularly for the sugar, tea and salt industries, the field crop and orchard workers, livestock workers, and workers other than those in export processing zones (EPZs). The Committee urges the Government to amend the remuneration orders that still contain gender-specific appellations so as to bring them in full conformity with the Convention, and to forward copies of the orders as soon as they are amended. The Committee also asks the Government to provide information on the action taken regarding policy guidelines for wage fixing based on job content and to indicate the criteria used by the National Remuneration Board to determine the basic wages for the different categories of workers and posts covered by the remuneration orders.

4. Article 2. Determination of wages. Collective agreements. The Committee notes the statistics provided by the Government on the number of men and women covered by collective agreements in the aviation, electricity, telecommunication, food and beverages and tobacco industries. The Committee notes the Government’s statement that parties to collective agreements are not bound by law to submit a copy of the agreement to the Government and that collective agreements generally respect the principle of equal remuneration for work of equal value. However, without copies or further information on the contents of these agreements, it is difficult for the Committee to assess how the principle of the Convention is applied. Having noted previously the Government’s statement that collective agreements play an important role in setting rates of remuneration, the Committee asks the Government to indicate more clearly in its next report the extent to which the principle of equal remuneration for work of equal value is being applied in collective agreements, and to indicate the measures it has taken to ensure that employers’ and workers’ organizations promote and respect this in the negotiation and execution of their collective agreements.

5. Article 2. Public service schemes. With respect to the use of sex-specific job appellations in the public service schemes, the Committee notes the Government’s statement that in a few limited cases such as the disciplined forces, health and education sectors, sex-specific appellations have been maintained for the setting of wages in order to ensure the recruitment of the appropriate number of persons by sex to meet the needs of the particular service. The Committee notes, however, from the study of the Pay Research Bureau that, with respect to female cloak room attendants, in view of their employment in primary schools, the recommendation was nevertheless made to remove the gender connotation in order to avoid the use of masculine or feminine appellations. This appears to indicate that due to changing circumstances with regard to a certain occupation, sex-specific job appellations may no longer be justified. The Committee also points out that while for certain occupations sex-specific appellations may respond to a legitimate aim to meet the needs of a particular service, this must not restrict the access of men or women to these jobs once the “appropriate number of persons” is obtained. The Committee asks the Government to consider reviewing the sex-specific appellations in the disciplined forces, health and education sectors in order to determine whether they are still necessary for the setting of wages in these sectors. The Committee also asks the Government to indicate the measures taken to eliminate the risk that sex-specific job appellations result in practice in unequal remuneration between men and women for work of equal value.

6. Article 3. Objective job evaluation. The Committee notes the Government’s statement that no new methodologies for objective job evaluation are currently being implemented. The Committee recalls that comparing the work performed by men and women is essential for eliminating pay discrimination and to determine whether jobs are of equal value. The Committee notes that the Action Plan on the Gender Equality Policy provides for job evaluation exercises with the assistance of the ILO as well as research regarding the public service schemes. Recalling its general observation of 2006 on this Convention, the Committee asks the Government to keep it informed on the progress made in undertaking objective job evaluation exercises and the measures taken to promote their application in the public and private sectors.

7. Cooperation with the social partners. In absence of any information on this point, the Committee reiterates its request to the Government to provide detailed information on how it is cooperating with employers’ and workers’ organizations to apply the principle of the Convention.

8. Parts III and IV of the report form. The Committee notes the information in the Government’s report regarding the manner in which the labour inspection services are carrying out inspections and assisting workers in settling their case if violations are being detected. The Government states that, so far, the labour inspection services have not come across any wage discrimination cases nor has any case been referred to the Sex Discrimination Division under the period under review. The Committee with interest the national study on “Discriminatory Practices in the Mauritian Labour Market” (2007). It notes that the study appears to suggest that pay discrepancies between men and women do exist in sectors covered by remuneration orders supervised by the inspection services, and that awareness raising about the legal provisions on employment and remuneration would help to reduce discriminatory practices. The Committee asks the Government to provide information in its next report on any measures taken or envisaged to raise awareness among workers and employers about the requirements of the Convention. Please also provide information on any measures taken or envisaged to increase the capacity of the labour inspection services to detect cases of unequal pay, for example through providing training to labour inspectors on how to monitor effectively compliance with the principle of equal remuneration between men and women for work of equal value.

9. Part V of the report form. Remuneration gap. In its previous comments, the Committee had noted the apparent indirect wage disparities between men and women in the EPZ due to the horizontal and vertical segregation of women workers in industrial groups where earnings were lower. The Committee notes the Government’s statement that indirect wage disparities in earnings could be explained by the fact that male workers take up jobs that are more highly paid, but that now more women are aspiring to perform jobs traditionally reserved for men in various sectors of employment. Increased education and training should also contribute towards the gradual elimination of segregation of women in the labour market. The Committee notes from the abovementioned study on discriminatory practices that some of the wage discrepancies can be explained by occupational segregation but that important differences remain within each occupational group, especially in the lowest paid categories of the elementary occupations where women’s earnings appear to be barely half of men’s. The earnings differentials are the greatest in manual occupations suggesting that some manual occupations done by women (i.e. household services and machine operators in EPZ) are less well paid than similar occupations done by men. Likewise, the Committee notes from the statistics of 2005 that vertical and horizontal occupational segregation is also highly prevalent in the government sector where women employees are mostly concentrated in the education and health sectors and in clerical work. Their presence in posts of responsibility, except for head teachers, is low and there are hardly any women working as service workers in the police force; no women are working in the fire brigade or as skilled agricultural workers and women are highly underrepresented as craft and related trade workers, plant and machine operators and in elementary occupations. The Committee further notes that the abovementioned study highlights that in other sectors than EPZ employers’ preferences for male workers still prevail due to stereotype assumptions on women’s role in the family and the household. The Committee asks the Government to step up its efforts to reduce earnings differentials that occur through occupational segregation of women including as a result of employers’ preferences for male workers in the private and government sectors, to eliminate earnings differentials between men and women within occupational groups, particularly in elementary occupations, and to report on the measures taken and results achieved. The Committee also refers the Government to its comments on Convention No. 111 in this regard.

10. The Committee notes with interest that the project “Gender equality and Empowerment of Women” undertaken in partnership with the UNDP and the ILO is ongoing and that one of the outcomes was the study on “Discriminatory Practices in the Mauritian Labour Market” (2007). The Committee asks the Government to continue to inform it about the outcome of the project as well as any follow-up to any of the conclusions and recommendations made in the discrimination study and how they have helped to address inequalities in remuneration between men and women.