Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Equal Remuneration Convention, 1951 (No. 100) - Malta (Ratification: 1988)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. The Committee notes the information provided by the Government concerning the regulations which deal with discrimination on the grounds of religion, disability, age, sexual orientation and racial or ethnic origin, but not with equal remuneration between men and women. Recalling that pursuant to section 30 of the Employment and Industrial Relations Act (EIRA) (No. 22), the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women for work of equal value, the Committee reiterates its request to the Government to indicate in its next report whether any special regulations are envisaged or have been adopted to this end and, if so, to provide copies of such regulations, as well as information on their practical application.

2. Application of the principle through wage orders. The Committee notes the Government’s statement that the standard national minimum wage, the National Standard Orders and the Wages Council Orders do not allow wage differentials based on sex. The Committee asks the Government to indicate in its next report the methodology used by the Wages Council to ensure that, when determining wage rates, jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work and using different skills.

3. Application of the principle through collective agreements. The Committee notes the Government’s statement that collective agreements do not provide for wage differentials on the basis of sex. The Committee asks the Government to indicate in its next report measures taken or envisaged to ensure that workers’ and employers’ organizations when negotiating rates of remuneration in collective agreements at industry or enterprise level do not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men. Please also provide copies of relevant collective agreements and an indication of the number of men and women workers covered by those agreements.

4. Article 3. Objective job evaluation. The Committee refers to its general observation of 2006 on this Convention, which underlines the importance of undertaking an objective evaluation of jobs on the basis of the work to be performed as a means of applying the principle of the Convention. Noting that little information has been provided over the years in this regard, the Committee asks the Government to indicate in its next report the progress made to promote, develop and implement, in cooperation with employers’ and workers’ organizations, practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

5. Enforcement. The Committee notes the Government’s statement that the labour inspectors have been given in-house training and made aware of the implications of the Equal Treatment in Employment Regulations, 2004, as amended in 2007, as well as on relevant European Union Directives that deal with equal treatment in employment. While appreciating the Government’s efforts to provide training on equality to labour inspectors, the Committee notes that the Government’s report does not specify the manner in which this type of training has increased the capacity of the labour inspectorate to detect and address violations of the principle of equal remuneration for men and women for work of equal value. The Committee reiterates its request to the Government to provide more detailed information on the specific activities of the labour inspectorate to determine any violations of the national legislation on equal pay, as well as information on the number of cases detected and the action taken in this regard. Please also provide information of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.

6. Part V of the report form. In order to permit a regular evaluation of the progress made in the application of the principle of equal remuneration for work of equal value in the public and private sectors, the Committee asks the Government to supply information, including recent statistical data, on the number of workers and average rates of remuneration in the public and private sectors, disaggregated by sex and job category.