Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value through legislation and Wage Orders. The Committee notes with interest the recent amendment of the Equal Treatment in Employment Regulations 2004 (by Legal Notice 137 of 2007) which provides that “for the same work or for work to which equal value is attributed, there shall be no direct or indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration” (section 3A(1)). It further notes that pursuant to section 3A(2) of these Regulations the employer shall ensure that where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the application of the legal provisions so as to give effect to the principle of “equal remuneration between men and women for work of equal value”, in particular on the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. While noting the Government’s statement that the wage rates stipulated in Wage Regulation Orders are the minimum wage rates applicable to all grades across the sectors and industries concerned, the Committee reiterates its previous request regarding the methodology used by the Wages Council to ensure that, when determining such rates, those jobs and professions which are 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.

Article 2(2)(a). Application of the principle through collective agreements. The Committee notes the Government’s indication that the Department of Industrial and Employment Relations is going to analyse the content of finalized collective agreements, including rates of remuneration established for different categories of jobs. The Committee asks the Government to provide information on the findings of this study and on measures taken or envisaged in collaboration with the social partners to promote the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation. Cooperation with the social partners. In its previous comments, the Committee pointed out the importance of using an objective method of job evaluation on the basis of the work to be performed as a means of applying the principle of the Convention and requested information in this regard. The Committee notes that the Government’s report contains no information on this point. However, it notes that the National Commission for the Promotion of Equality (NCPE), in its study entitled “Gender Pay Review” conducted in 2006, recommends, inter alia, the adoption by the Government of specific measures “seeking to establish a system of job evaluation which enables the objective appraisal of jobs with special attention to reduce the wage gap between male- and female-dominated sectors of employment” and “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”.

The Committee reiterates its requests with regard to 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 free from gender bias 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. It also asks the Government to supply information on measures taken or envisaged to implement the above recommendations of the NCPE. Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to raise awareness of the principle of the Convention, with the cooperation of the social partners, in particular awareness of the concept of “work of equal value”, the need to use a method free from gender bias to evaluate the jobs when negotiating wage rates in collective agreements, and the importance of avoiding gender stereotypes and promoting equality.

Parts III and IV of the report form. Enforcement. The Committee notes the information provided by the Government on the cases of alleged violations of the principle of equal remuneration investigated by the labour inspectors. The Committee asks the Government to continue to provide information on any alleged violations of the principle of equal remuneration for work of equal value reported by the labour inspectors, any case referred to the Industrial Tribunal, and any decisions made. Please also supply information on methods used by the labour inspectors to identify such violations and to promote the principle of the Convention.

Wage gaps. Statistics. The Committee notes that, according to the annual report published in 2008 by the NCPE, the overall gender pay gap is rather small (2.5 per cent). This appears to be partly due to the low participation of women in the labour market and, as a consequence, to the small proportion of low-skilled or unskilled women in the workforce. However, the statistics provided in this report on the average gross annual salary for employees, by main occupation and by sex (April–June 2008), show that, depending on the occupation, the gender pay gap can be quite significant. With regard to the positions of legislators, senior officials and managers, it represents 28 per cent, and for the category of service workers and shop and sales workers, the pay gap is equal to 26 per cent. In this regard, the NCPE report points out the occupational segregation between men and women in the labour market, due to the persistence of traditional gender stereotypes. Referring the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as regards measures taken to promote equality between men and women in employment and occupation, and recalling that the occupational segregation between men and women is one of the underlying causes of wage gaps, the Committee asks the Government to provide information on the measures taken to reduce such gaps, in particular through addressing the occupational segregation of women into certain lesser paid occupations and improving their access to better paid higher status jobs and managerial positions, as well as on the results achieved in this respect.