Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Zimbabwe (Ratification: 1989)

Article 1 of the Convention. Work of equal value. The Committee has been requesting the Government for a number of years to amend the Labour Act in order to ensure that the “concept of work of equal value” is expressed in terms consistent with the Convention and in a non-restrictive manner. The Committee notes with regret that the Government did not take the opportunity to give full expression to the principle of the Convention in the new Constitution of 2013, which provides only that “women and men have a right to equal remuneration for similar work” (article 65(6)). The Committee recalls that the concept of “work of equal value” as provided under the Convention implies a broad scope of comparison, not only including equal remuneration for “equal,” “the same,” or “similar” work, but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Government’s report indicates that the definition of “work of equal value” set out in section 2 of the Labour Act will be amended during the on-going review of the labour laws. The Committee asks the Government to take the necessary steps to ensure that the final text of the Labour Act will allow for the comparison not only of work that involves similar skills, duties, responsibilities, and conditions, but also of work of an entirely different nature which is nevertheless of equal value. Please indicate any progress made in this regard.

Article 2. Measures to address the gender pay gap. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern at the “continuing vertical and horizontal occupational segregation and the persistent wage gap between women and men,” (CEDAW/C/ZWE/CO/2-5, 23 March 2012, paragraph 31). CEDAW also previously noted the low salaries provided for jobs in which women predominate, including the private domestic sector and the agricultural, forestry, and farming industries (CEDAW/C/ZWE/2-5, 22 November 2010, paragraph 182). The Committee further notes that the document on the National Gender Policy (2013–17) indicates that 70 per cent of workers in agriculture where the lowest wages are provided, are women; the real income of women is three times less than that of men, and women have a higher structural unemployment rate. It notes that the National Gender Policy provides for a strategy to advocate equity in formal employment and remuneration, and mechanisms that increase opportunities for women’s employment. The Committee asks the Government to provide information on the measures taken or envisaged, in the context of the National Gender Policy or otherwise, to advocate equity in remuneration and address the structural causes of the gender pay gap, including occupational gender segregation of the labour market and the low rates of remuneration for jobs predominantly occupied by women.

Article 3. Job Evaluation. The Government’s report indicates that in the public sector the Patterson System of Job Evaluation is being used and that in the private sector use is either made of this or the Castellion System of Job Evaluation. In its 2012 General Survey, paragraph 701, the Committee emphasizes that whatever methods are used for the objective evaluation of jobs, 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 weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee asks the Government to provide detailed information on how it is ensured that the job evaluation method used in the public sector is free from gender bias and does not involve direct or indirect discrimination based on sex. The Committee also asks the Government to indicate the measures taken, in cooperation with workers’ and employers’ organizations, to promote the development and use of objective job evaluation methods which are free from gender bias in the private sector, and to provide information on any progress made or difficulties encountered in this regard.

Enforcement. The Committee notes the general information provided by the Government regarding measures taken to raise awareness of legislation relevant to the Convention, including holding training sessions for employer and worker representatives. The Government also indicates generally that workplace inspections have been conducted. The Committee asks the Government to provide information on the manner in which labour inspectors are able to identify wage discrimination and unequal pay between men and women, and to provide details of the results of labour inspections (number of workplaces visited and men and women workers covered, infringements, reports, sanctions imposed, etc.) in order to enforce section 5(2a) of the Labour Act. The Committee again asks the Government to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistics. The Government indicates that challenges remain regarding the collection of statistics due to the lack of a comprehensive labour market information system, and that the Government continues to seek ILO technical assistance in this regard. The Committee also notes the goal expressed in the National Gender Policy to develop and implement a framework to monitor gender disparities. The Committee asks the Government to provide updated information on any progress made towards collecting, processing, and analysing statistical data on pay differences between men and women in the various sectors and categories of employment, and to submit any data available, disaggregated by sex, that show the nature, extent and evolution of the gender pay gap.