Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Antigua and Barbuda (Ratification: 2003)

Article 1 of the Convention. Work of equal value. The Committee recalls that section E8(1) of the Labour Code provides that “no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer”. The Committee notes that the provision does not give full legislative expression to the principle of the Convention. The Committee notes that merely prohibiting sex-based wage discrimination will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” set out in Article 1(b) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 676). Section E8 is also limited to comparing female and male workers “in the same occupation” and who are employed “by the same employer”. The Committee recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (General Survey, 2012, paragraphs 673 and 697). To limit comparisons to men and women employed in the same occupation undermines the application of the principle of “work of equal value”. The Committee recalls that as effective application of the principle is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (General Survey, 2012, paragraph 698). The Committee again asks the Government to set out clearly in the Labour Code the principle of equal remuneration between men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value, and ensure that the principle of the Convention can be applied even where there is no sufficient comparator group employed by the employer.

Remuneration. The Committee recalls its previous comments regarding the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” referred to in sections A5, C3, C4(1) and E8(1) of the Labour Code. The Committee notes the Government’s indication that the terms “wages”, “gross wages”, and “remuneration” are used interchangeably in practice. The Committee notes, however, that these various terms are often understood to have distinct meanings, thus potentially giving rise to confusion. To avoid confusion and ensure the terms used in the Labour Code related to remuneration are interpreted broadly in the context of the right to equal remuneration for work of equal value, the Committee asks the Government to take steps to harmonize the provisions of the Labour Code relevant to wages and remuneration, and to insert a clear definition of “remuneration” in accordance with Article 1(a) of the Convention.

Article 2. Promoting application of the principle. The Committee notes the Government’s indication that the Labour Department uses social media that is updated regularly with vital information for the general public, and from time to time officers use electronic and print media to educate the public on the various aspects of labour administration. The Committee asks the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. Please also provide information on any other measures taken to promote the principle in practice, including relevant activities of the Gender Affairs Department.

Determination of remuneration. The Committee recalls that the Government previously indicated that remuneration is determined through a process of negotiation of collective agreements or companies granting increases through profitability or cost-of-living adjustments, or based on affordability. The Committee notes that the Government repeats its general reply that the determination of remuneration in collective bargaining is not gender biased. No further information, including copies of collective agreements, has been provided by the Government. The Committee therefore asks the Government once again to indicate the specific manner in which it is ensured that, in determining wage rates in the collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee notes the Government’s general reply that the classification of posts and grades in the civil service is done under instructions of the Public Service Commission. The Committee considers that it remains unclear whether the criteria used in the classification of posts and corresponding earnings are free from gender bias. The Committee reiterates its request to the Government to indicate the specific criteria used for the classification of posts under the different grades and for determination of the corresponding earnings. Please also provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers and the criteria used to determine the category of officers as well as the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee recalls that the Public Sector Transformation Unit carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Committee notes the Government’s indication that the Public Sector Transformation Unit is still in the process of collecting data. The Committee asks the Government to provide further information on the outcome of the census undertaken by the Public Sector Transformation Unit and any progress made in the development of an objective job evaluation mechanism for the public service. Noting that information received by the Government from the Public Sector Transformation Unit was not attached to the Government’s report, the Committee asks the Government to forward this information. The Committee also asks the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the Labour Department hosts a “Labour Matters” programme once a week on the local television station that provides information on all aspects of labour administration through a tripartite panel discussion. The Committee asks the Government to provide information regarding whether in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value has been addressed, and if so, the result of such discussion. The Committee also reiterates its request to the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention, and the results achieved.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that there have been no reported cases of discrimination regarding the principle of the Convention. The Committee once again recalls that the absence of complaints regarding unequal remuneration is likely to indicate the lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey, 2012, paragraph 870). The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate the authorities responsible for enforcement of the principle under the Convention, and how such enforcement has been undertaken in practice. Please also provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors.

Part V of the report form. Statistics. The Committee notes that a national census was carried out in 2011, but that the results have not yet been published. The Committee notes further from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Department is in the process of implementing a labour market information system to capture data on the characteristics of the working population. The Committee hopes that the Government will soon be in a position to provide statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings, as well as information on the evolution of the gender pay gap, and asks the Government to provide information on the progress made in this regard.