Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Occupational segregation and gender wage gap. With regard to the statistical information provided by the Central Statistics Office (the 2010 Survey of employment and earnings in large establishments), women workers continue to be affected by horizontal occupational segregation. Indeed, 35.2 per cent of women working in the industrial sector are working in manufacturing, in particular in textile which is one of the low-paid sectors. The Committee also notes the low number of women working in the public sector (women represent only 33.4 per cent of the workers in the general government sector), where the average monthly earning is higher than in the private sector according to the 2009 Digest of Public Finance Statistics. The Committee notes the Government’s indication that the National Remuneration Board (NRB), ensures that there are no remuneration differentials between men and women for work of equal value in the private sector. Finally, the Committee notes the information given by the Government indicating that national programmes will be developed by the National Empowerment Foundation to improve women’s skills and in particular to increase their earnings potential. The Committee encourages the Government to take the necessary steps to address the occupational gender segregation and to reduce the remuneration disparities between men and women. In this regard, the Committee asks the Government to provide information on the following:

• (i) the concrete measures taken to provide women with a wider range of employment opportunities, including in the higher-paid sectors and at managerial and decision-making levels in the public and the private sectors;
• (ii) the concrete measures taken by the NRB to reduce the wage differentials in the private sector, as well as further information on the national programmes undertaken by the National Empowerment Foundation to improve women’s skills and earnings; and
• (iii) more detailed statistical data disaggregated by sex on remuneration levels in the various industries and occupational categories in the public and private sectors.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that the Employment Rights Act, 2008, introduced the concept of equal remuneration for work of equal value. The Committee notes, however, that section 20 of the Act provides for employers or job contractors to “ensure that remuneration of any worker shall not be less favourable than that of another worker performing the same type of work”. The Committee recalls that limiting the scope of comparison to “the same type of work” does not give full effect to the principle of “equal remuneration for men and women for work of equal value”. In this connection, the Committee refers the Government to its 2006 general observation in which the Committee emphasized that legislation should not only provide for equal remuneration for the same work but also address situations where men and women perform work of a different nature that is nevertheless of equal value. The Committee asks the Government to provide information on the application in practice of section 20 of the Employment Rights Act including regarding cases of violations of this provision. The Committee also asks the Government to consider amending the legislation to give full legislative effect to the principle of equal remuneration for men and women for work of equal value and to provide information in this respect.

Article 2. Determination of wages. Remuneration orders. The Committee recalls that in the private sector, wages are fixed by Remuneration Order Regulations in particular, and that the NRB ensures that job appellations and classifications are based on the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that, in the new Livestock Workers (Remuneration Order) Regulations, the expressions “male worker” and “female worker” were substituted, respectively, for “farm worker grade I” and “farm worker grade II”. The Committee also notes the Government’s indication that the recent Remuneration Order Regulations concerning the road haulage industry and the travel agents and tour operators do not contain any gender-specific appellations. However, the Committee notes that no information has been provided concerning amendment to the following Remunerations Order Regulations containing pay differentials or wage categories based specifically on a worker’s sex: the Tea Industry Workers (Remuneration Order) Regulations, 1984; the Salt-manufacturing Industry (Remuneration Order) Regulations, 1983; and the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations, 1983. The Committee further notes that, pursuant to section 97(c) of the Employment Relations Act, 2008, the NRB needs to promote gender equality and to fix wages on the basis of job content; and that a sectoral gender policy (SGP) is currently under preparation to eliminate gender-specific appellations in the Remuneration Order Regulations and to fix wages on the basis of job content. According to the Government’s indication, an action plan on operational strategies and institutional arrangements for achieving gender equality will be envisaged as soon as the SGP is finalized. In light of the above, the Committee asks the Government as follows:

• (i) to amend without further delay the remaining Remuneration Order Regulations in order to remove all the gender-specific appellations;
• (ii) to provide information on the concrete measures taken or envisaged by the NRB to carry out its functions pursuant to section 97(c) of the Employment Relations Act, particularly with a view to applying in practice the principle of equal remuneration for men and women for work of equal value; and
• (iii) to provide information on any developments concerning the implementation of the SGP and the action plan envisaged under the National Gender policy, especially regarding the formulation of policy guidelines to set wages based on job content.
• (iv) to provide information on the measures taken to ensure that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men when minimum wage rates are fixed by the NRB.

Determination of wages. Collective agreements. The Committee recalls the Government’s statement that collective agreements play an important role in setting rates of remuneration. It also notes that courses, workshops and talks have been organized to enhance the social partners’ understanding of the principle of the Convention and section 20 of the Employment Rights Act. The Committee further notes that, according to section 57(1)(c) of the Employment Relations Act, a collective agreement shall not contain any provision inconsistent with section 20 of the Employment Rights Act. The Committee asks the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being applied with regard to section 57(1)(c) of the Employment Relations Act, and to indicate the measures taken to ensure that employers’ and workers’ organizations promote and respect the principle of the Convention in the context of collective bargaining, including further information on awareness-raising activities taken or envisaged in this regard. Please also supply copies of collective agreements applying this principle.

Public service schemes. The Committee notes that some of the gender-specific appellations in the public service schemes have been reviewed, especially in sectors such as disciplined forces, health and education. The Committee also notes from the information provided by the Government that, in the abovementioned sectors, sex-specific job categories have been maintained to ensure recruitment of the appropriate number of persons to meet the needs of the particular services. The Committee asks the Government to take steps to replace the sex-specific appellations remaining in the disciplined forces, health and education sectors to ensure that gender-neutral terminology is used, so as to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman, and to provide information in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Pay Research Bureau (PRB) uses the analytical method of job evaluation for determining salaries in the public sector. The Government indicates that no reference has been made to gender for evaluating jobs, and that the following factors are used in the process of job evaluation for manual and non-manual schemes: complexity, creativity, education, decision, supervision, responsibility and contact. The Committee further notes that ILO technical assistance is being sought under the Decent Work Country Programme (2010–13) in order to help the NRB to conduct objective job evaluations in the private sector, and to promote the determination of remuneration free from gender bias. The Committee asks the Government to continue to provide information on any progress made in undertaking objective job evaluations in the public and private sectors, and to indicate in particular whether such evaluations have led to adjustment of remuneration in accordance with the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with social partners. The Committee notes that the Labour Advisory Council (LAC) was established in 2009, pursuant to section 64 of the Employment Rights Act. However, it notes the Government’s indication that no initiative has been taken by the LAC with regard to the application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the composition of the NRB has been restructured in accordance with section 90 of the Employment Relations Act and includes members of employers’ and workers’ organizations. The Committee asks the Government to provide information on the activities carried out by the LAC and the NRB, including measures taken or envisaged to foster respect of the principle of the Convention. Please also provide any information on other activities carried out in cooperation with employers’ and workers’ organizations to apply the provisions of the Convention.

Enforcement. The Committee notes that pursuant to section 60 of the Employment Rights Act, the labour inspectorate shall ensure the enforcement of the Act and “any other enactment relating to labour or employment”; and that the Employment Relations Act imposes sanctions on employers who contravene a remuneration regulation, including providing for a fine (section 95(2) of the Act). The Committee also notes the Government’s indication that in-house training has been given to labour inspectors with a view to enhancing their capacity to detect and address violations related to the principle of the Convention. However, the Committee notes that no violations related to equal remuneration for men and women for work of equal value have been detected through labour inspection so far. The Committee further notes the Government’s indication that the Industrial Court issued judgment in a case involving the principle of equal remuneration for work of equal value. The Committee asks the Government to continue to provide labour inspectors with specific training on the scope of the principle of equal remuneration for men and women for work of equal value, and on its practical implications, in order to enhance their capacity to detect and address shortcomings in the application of the Convention. Please provide information on any achievements in this regard, as well as information on the activities of the labour inspectorate services, including any complaints received or violations detected, the sanctions imposed and the remedies provided. The Committee also asks the Government to supply a copy of the judgment mentioned in the Government’s report, as well as information on any other administrative or judicial decisions relevant to the Convention.

Part V. The Committee notes that the study on “Discrimination practices in the Mauritian labour market” has not been released due to the legislative developments in the labour market. The Government indicates that the matter will be reconsidered after the promulgation of the Equal Opportunities Act, 2008 and after sensitization on the Employment Rights Act and the Employment Relations Act has been undertaken. The Committee asks the Government to provide information on the findings and conclusions of and follow-up to the study once available.