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

Equal Remuneration Convention, 1951 (No. 100) - Uganda (Ratification: 2005)

The Committee notes the observations made by the National Organisation of Trade Unions (NOTU) in a communication dated 31 August 2012 concerning the absence of a mechanism to enforce the provisions of the Convention in the country. The Committee invites the Government to provide its comments thereon.

The Committee notes with regret 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 1(a) of the Convention. Definition of remuneration. The Committee recalls that Article 1(a), for the purpose of ensuring equal remuneration for men and women, defines “remuneration” in the broadest possible terms, requiring that the Convention’s principle is applied to all elements of remuneration covered by this definition. Noting that the Employment Act contains no definition of the term “remuneration”, the Committee asks the Government to provide information on the meaning of the term “remuneration” as used in section 6(6) and (7) of the Act, which address equal remuneration for women and men for work of equal value.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for men and women for work of equal value is expressly referred to in section 6(6) and (7) of the Employment Act. According to section 6(6), the Minister of Gender, Labour and Social Development and the Labour Advisory Board shall, in discharging their duties, seek to give effect to the principle “of equal remuneration for male and female employees for work of equal value”, while section 6(7) provides that “every employer shall pay male and female equal remuneration for work of equal value”. The Committee asks the Government to provide information on the application in practice of section 6(6) and (7) of the Employment Act, including any specific measures taken by the Minister of Gender, Labour and Social Development and the Labour Advisory Board with a view to ensuring full application of the principle of the Convention.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee notes the Government’s indication that remuneration rates for public servants are established by the Ministry of Public Service and Finance. The Committee also notes that the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act of 2008 provides for the establishment of a consultative machinery mandated to conduct and facilitate consultations, dialogue and negotiations on, among other things, the terms and conditions of service, including remuneration, between, on the one hand, the Government, autonomous bodies, or a local government as the employer and, on the other hand, the Public Service Labour Union. As to the private sector, the Committee notes that, where trade unions exist, the remuneration is negotiated through collective bargaining; otherwise, it is the employer or the management who determine the remuneration rates. The Committee asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is promoted and ensured in the wage-setting processes indicated above. In particular, the Committee would appreciate receiving information on whether and how the special body established under the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiations on terms and conditions of work for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the appraisal of jobs in the public service is regulated by the Government Standing Orders, while in the private sector the methods used vary from organization to organization. However, it is not clear whether the “appraisal systems” referred to in the Government’s report are related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether they are systems to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the evaluation of different jobs on the basis of the work and tasks involved. The Committee also refers the Government to its 2006 general observation on the Convention, particularly to paragraphs 5 and 7, where it highlighted the importance of objective job evaluation, as envisaged in Article 3, for the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reference to the role of the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act. The Committee asks the Government to provide more information on the activities undertaken by this body in so far as they are relevant to the application of the Convention, including information on any measures taken or envisaged by the Labour Advisory Board for the purpose of fostering respect for the principle of the Convention, and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. From the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also notes that the Equal Opportunities Commission is charged with developing, conducting and managing information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee asks the Government to indicate whether any initiatives have been taken by the Equal Opportunities Commission to raise public awareness and foster public understanding of the principle of equal remuneration for work of equal value.

Part IV. The Committee notes the Government’s indication that no information is currently available regarding any decisions handed down by courts of law or other tribunals related to the application of the principle of the Convention and that this information will be provided in the next report. The Committee encourages the Government to gather and submit information on any judicial and administrative decisions related to the application of the Convention, particularly information on any infringements detected by the labour inspectorate service, any cases brought before the labour officers under section 93 of the Employment Act and any appeals lodged with the Industrial Court, as well as information on the sanctions imposed and the remedies provided in such cases.

Part V. ... The Committee asks the Government to continue to provide statistical information on the distribution of women and men in the different occupations and on their respective levels of earnings. Please also provide information on any measures taken or envisaged to reduce the existing gender wage gap and to address its underlying causes, including information on any measures taken to overcome the current occupational sex segregation of the labour market, and the impact thereof.