Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Namibia (Ratification: 2010)

The Committee notes the Government’s first report.

Article 1(b) of the Convention. Work of equal value. The Committee notes that section 5(3) of the Labour Act 2007 prohibits sex-based discrimination in any employment decision, including remuneration, for employees who do work of equal value. Article 95(a) of the Constitution also provides that “the Government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women”. The Committee notes however that the definition of work of equal value under section 5(1)(g) of the Labour Act 2007 appears to be narrower than what is required under the Convention as subsection (i) limits the application of work of equal value to comparing work that is “of the same or compared with any other work is broadly similar in nature”. While subsection (ii) further provides that the work must involve “skills, abilities, responsibilities, working environment or other requirements which are of equal value to employees belonging to any sex”, the two subsections appear to be cumulative. The Committee recalls that the concept of “work of equal value” provides for a broad scope of comparison, encompassing work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to provide information on the practical application of section 5(1)(g) of the Labour Act, and to clarify whether this provision allows for the comparison of jobs that are not the same or broadly similar, but of an entirely different nature, to determine if they are of equal value.

Article 2. Minimum wages. The Committee notes from the Government’s report that the Wages Commission submits its reports and recommendations to the Ministry of Labour, who is responsible for making wage orders under section 13 of the Labour Act. The Committee also notes that section 113, by reference to article 95 of the Constitution, requires the Wages Commission to take into account the principle of non-discrimination in remuneration of men and women. Noting the Government’s indication that the Wages Commission has conducted studies on the possibility of establishing a minimum wage for domestic workers, the Committee recalls that domestic work is among the lowest paid occupations in any labour market, and that particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see General Survey, ibid., paragraph 707). The Committee asks the Government to provide information on how it is ensured that the sectoral minimum wage setting process is free from gender bias, and that work in sectors with a high proportion of women is not being undervalued. The Committee also asks the Government to supply the findings of the studies on a minimum wage for domestic workers, as well as information on any follow-up action taken to implement the studies’ findings. Please also provide copies of the current minimum wage orders.

Collective agreements. The Government indicates that the principle of the Convention is applied through the use of the collective bargaining forum by employers and trade unions in order to improve the minimum wages set out in collective agreements in the construction, agriculture and security sectors. The Committee asks the Government to provide additional information on how the principle of the Convention is addressed through collective bargaining, and to provide examples of collective agreements which reflect the principle. The Government is also asked to provide information on any awareness-raising activities carried out to promote a better understanding and improved application of the principle of equal remuneration for men and women for work of equal value by employers, workers and their organizations.

Article 3. Objective job evaluation. The Government indicates that the Public Service Commission conducted job evaluations and regrading for all workers in the public sector and that the process was finalized and implemented effective 1 April 2013. According to the Government, the process established an equitable “base line” for the internal weight of jobs and enabled jobs to be ranked in order of importance of job weight. The Committee notes the Government’s indication that trade unions with exclusive bargaining power were consulted throughout the process. The Committee asks the Government to provide further information on the Public Service Commission’s job evaluation and regrading process, particularly on how the “base line” for each job is determined and how different jobs are ranked relative to one another. Noting the absence of information on objective job evaluation methods in the private sector, the Committee requests information in this regard.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes from the Government’s report that labour inspectors conduct regular inspections in the construction, agriculture and security sectors and enforce the minimum wages set out in the collective agreements in these sectors. The Committee also notes that there was no information provided regarding administrative decisions or court cases related to the application of the principle of the Convention. The Committee asks the Government to collect and submit information on any judicial or administrative decisions related to the application of the Convention. The Committee also asks the Government to provide further information on the enforcement of minimum wages set out in collective agreements in the construction, agriculture and security sectors, as well as in other sectors.

Part V. Statistics. The Committee asks the Government to provide statistics on earning levels by sector and occupation, disaggregated by sex.