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

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

Legislative developments. The Committee previously noted the amendment of the Equal Treatment in Employment Regulations, and asked for information on the application of the various relevant legal provisions so as to give effect to the principle of equal remuneration for men and women for work of equal value. Noting that the Government has not provided any information in this regard, the Committee again asks that specific information be provided on the application of the legal provisions so as to give full effect to the principle of the Conventions, including on the manner in which “work of equal value” is determined, and what is included in “remuneration”.

Gender pay gap. With reference to its request for information regarding measures taken to reduce the gender pay gap, including through addressing occupational segregation, the Committee notes that the Government indicates in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that a range of measures have been undertaken through the National Commission for the Promotion of Equality (NCPE). In this context, a project on “Unlocking the Female Potential” was initiated in 2009 with the aim of contributing to increasing the female employment rate through research, including identifying the reasons why women are still under-represented in decision-making positions, and promoting the reconciliation of work and family responsibilities. The Committee also notes that, according to the 2010 Annual Report of the NCPE, through the Gender Pay 2010 Campaign, the NCPE sought to raise awareness on the gender pay gap by distributing to interested stakeholders a toolbox, comprising a leaflet, poster and map of the average gender pay gap in different EU Member States. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) raises concerns regarding the situation of women in the labour market, which was characterized, in spite of women’s high level of education, by persistent high female unemployment, the concentration of women in low-paid sectors of employment, the wage gap between women and men and the fact that a significant number of women leave the workforce after childbirth. CEDAW recommends that efforts be strengthened to eliminate occupational segregation, both horizontal and vertical, and to narrow and close the wage gap between women and men (CEDAW/C/MLT/CO/4, 9 November 2010, paragraphs 32 and 33). The Committee asks the Government to continue to provide information on the specific measures taken to reduce the gender pay gap, including through measures to promote women’s access to a wider range of jobs, including higher paid jobs and higher level positions. Please provide further information on the outcome of the NCPE research and activities, including any recommendations made and follow-up thereto, and any results achieved. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent and evolution of the remuneration gap between men and women, the Committee asks the Government to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. In response to the Committee’s previous request regarding the methodology used by the Wage Councils to ensure that when determining wage rates, those jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men, the Government again states that the same minimum rates apply to all jobs and professions, including those which could be predominantly or exclusively undertaken by women. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and that due to occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The fact that wage orders do not make a distinction between men and women is not sufficient to ensure that the process is free from gender bias. The Committee, therefore, again asks the Government to provide information on how it is ensured that the setting of rates in wage orders is free from gender bias, and on how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. In its previous comments, the Committee had requested information on the measures taken to implement the recommendations of the NCPE, in its study entitled “Gender Pay Review” conducted in 2006, with respect to the adoption of specific measures to establish a system of objective job evaluation as well as “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide information on any progress made in implementing the recommendations of the NCPE with respect to job evaluation, or any other measures taken to promote objective job evaluation methods. The Committee also again requests information on awareness-raising activities, with the cooperation of the social partners, concerning the concept of “work of equal value” and the importance of using objective job evaluation free from gender bias, including in the determination of wage rates in collective agreements. Please also provide information on the findings of the study by the Department of Industrial and Employment Relations analysing the content of collective agreements, and on any measures taken to promote the inclusion of the principle of the Convention in collective agreements, and any results achieved.

Parts III and IV of the report form. The Committee had asked the Government to provide information on the cases of alleged violations of the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that during 2009, there was one case being dealt with by the Industrial Tribunal regarding alleged violations of the principle of equal pay for work of equal value, and the case was decided in favour of the complainant. The Committee notes that the case concerns equal pay between two women. The Committee once again asks the Government to provide information on any judicial or administrative decisions relating to the principle of equal remuneration for men and women for work of equal value, and any relevant violations reported to or detected by the labour inspectors.