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

Equal Remuneration Convention, 1951 (No. 100) - United Republic of Tanzania (Ratification: 2002)

Assessment of gender remuneration gap. Statistics. The Committee notes that according to the Decent Work Country Profile for the United Republic of Tanzania (Mainland) established in 2010, the average monthly earnings of women (except in self-employment in agriculture) represented 59.7 per cent of men’s in 2006. It notes that the pay gap between men and women has decreased from 50.5 to 40.3 per cent from 2000–01 to 2006. The Committee also notes the Government’s indication that there are no updated statistics on remuneration levels of men and women. The Committee asks the Government to provide information on the steps taken or envisaged to reduce the remuneration gap between men and women. Recalling the importance of having recent statistics to assess the nature, extent and causes of the existing remuneration gaps between men and women and elaborate measures to address them effectively, the Committee asks the Government to take the necessary measures to facilitate the collection of data on the remuneration of men and women in both the public and private sectors, in the various industries, and to provide full information on the measures taken in this regard and the data collected.

Wage boards. Minimum wage. The Committee notes the Government’s indication that further to the new recommendations made by Sector Wage Boards and opinions given by the Labour, Economic and Social Council (LESCO), a new Wage Order (No. 172 of 2010) was adopted and that gender and sex are not criteria in setting wages. The Committee notes however that the principle of equal remuneration for work of equal value is not included in section 37 of the Labour Institutions Act to which the Government refers, among the criteria that should be taken into consideration by wage boards when conducting an investigation on minimum remuneration. The Committee further notes from the Government’s report that the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution have not yet been adopted. The Committee asks the Government to provide information on the manner in which the principle of equal remuneration between men and women for work of equal value is taken into account when determining minimum wage rates. It also asks the Government to provide a copy of the new wage order (No. 172 of 2010) and any other wage order in force establishing minimum wages by sector, as well as a copy of the guidelines to be used by wage boards once they are adopted.

Articles 2 and 4 of the Convention. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Committee asks the Government to indicate more precisely in which manner it ensures the promotion of the principle of the Convention in cooperation with workers’ and employers organizations and once again asks the Government to supply copies of collective agreements reflecting or implementing the principle of equal remuneration between men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the Government refers once again to the Open Performance Appraisal System (OPRAS) as the method used in the public sector to objectively evaluate jobs. The Committee further notes that there appears to be some confusion between the issue of performance appraisal of the employee and “objective appraisal of jobs”, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, “objective appraisal of jobs” or objective job evaluation, concerns the analysis of the content of a specific job or post, using criteria such as skill, effort, responsibilities and working conditions. The Committee recalls its 2006 general observation in which it points out that in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, and responsibilities or working conditions (see paragraph 141 of the 1986 General Survey on equal remuneration). Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias; it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be “female”, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to indicate in its next report any measures taken or envisaged to promote the use of methods of objective job evaluation and the results of any such evaluation undertaken.

Enforcement of the principle of equal remuneration. The Committee notes the Government’s indication that despite the absence of specific training on equal remuneration, more than 100 labour officers attended training on modern labour inspection techniques. The Committee welcomes the allocation of material means, including transportation that will increase the performance and the efficiency of labour inspections. The Committee asks the Government to continue to provide information on any developments relating to the training and work of labour officers in the field of equal remuneration, including extracts of inspection reports.

Zanzibar

The Committee notes with interest that Employment Act No. 11 of 2005, which came into force on 7 October 2005, includes a definition of the term “remuneration” in accordance with Article 1(a) of the Convention (section 3(1) of the Act) and requires the employer to guarantee equal remuneration for men and women for work of equal value (section 10(2)(b)).

The Committee further notes the information provided by the Government on the methods for determining rates of remuneration in Zanzibar, through the establishment and functioning of the Wages Advisory Board. It notes in particular that the principle of equal remuneration for work of equal value is not included in the Employment Act among the criteria that should be taken into consideration by the Wages Advisory Board when discharging its functions. The Committee asks the Government to supply information on the wage orders in force for Zanzibar, and the manner in which the principle of equal remuneration for men and women for work of equal value is taken into account in the determination of wage rates, including minimum wages. It also asks the Government to indicate how cooperation with employers’ and workers’ organizations is ensured in practice with respect to equal remuneration between men and women for work of equal value, and whether the Wages Advisory Board has addressed this principle in practice.

The Committee notes the Government’s indication that there are no statistics regarding the remuneration of men and women for Zanzibar and that in this regard technical assistance will be sought in due course. The Committee asks the Government to undertake the necessary steps to collect and compile data on the earning levels of men and women, by economic activity and occupation, in both the public and private sectors. In the meantime, please provide statistical information on the distribution of men and women in the various sectors of the economy, and any statistics available on their respective levels of remuneration.