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

Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been asking the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Government has been indicating that the comments of the Committee would be taken into account and appropriate action would be taken to amend the law. The Committee notes, however, that the Government indicates that the Employment Act was amended in 2010 and merely reiterates its statement that the comments of the Committee will be considered in a future review of the Employment Act. The Committee also notes the Government’s indication that although the principle of the Convention is not reflected in the legislation, the definitions of “wage”, “basic salary” and “contract of employment” do not make a distinction between men and women and that wages and salaries are not based on the employee’s sex. The Committee points out that this is not sufficient to ensure that men and women are paid the same remuneration (basic salary and additional emoluments) for work of equal value, and that the concept of “work of equal value” is essential to address and eliminate pay discrimination based on gender. The Committee recalls that due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction) and that often “female jobs” are undervalued in comparison with work of equal value performed predominantly by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, which exists in almost every country, as it permits a broad scope of comparison, going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing jobs that are of an entirely different nature, but which are nevertheless of equal value. The Committee therefore considers that it is essential to be able to compare the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall (see General Survey on fundamental Conventions, 2012, paragraphs 673–675). In light of the above and with a view to ensuring that men and women have a legal basis for asserting their right to equal remuneration with their employers and before competent authorities, the Committee asks the Government to take the necessary measures to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any measures taken in this regard.