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

Equal Remuneration Convention, 1951 (No. 100) - United Republic of Tanzania (Ratification: 2002)

Articles 1 and 2 of the Convention. Gender pay gap. Private sector. The Committee notes from the 2013 Formal Sector Employment and Earnings Analytical Report that the gender pay gap was 12.4 per cent in favour of men (monthly average cash earnings) in 2013, up from 5.8 per cent in 2012, and that some industries had gaps in favour of men as high as 28.2 per cent (agriculture, forestry and fishing), 24.2 per cent (financial and insurance activities) and 22.2 per cent (human health and social work). While the majority of the 19 industry groupings had an earnings gap in favour of men, five industries had gaps in favour of women, the widest being in the arts, entertainment and recreation industry (30.7 per cent gap) and the real estate industry (26.9 per cent gap). The Committee notes that in 2013 the disparity in monthly average cash earnings between men and women in the private sector was 10.6 per cent in favour of men. The Committee notes that in 2013 women made up 37.3 per cent of the workforce, but only 28.7 per cent of those in the highest wage scale, and 47.6 per cent of those in the lowest wage scale. The Government indicates that it has taken measures to address the gender pay gap through the enforcement and implementation of relevant laws and policies, and improving women’s access to education, training and employment. The Committee asks the Government to provide additional information on measures taken or envisaged to address the gender pay gap in the private sector, including measures taken with the cooperation of employers’ and workers’ organizations, to raise awareness and promote and ensure the application of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide data on the respective earning levels of men and women by economic activity, occupation and education level in the private sector.

Public sector. The Committee notes that in 2013 the disparity in monthly average earnings between men and women in the public sector was 20.1 per cent in favour of men, up from 15.4 per cent in 2012. The Government indicates that it has taken measures to reduce the gender pay gap through the Public Service Management and Employment Policy 2008 and the Public Service Pay and Incentive Policy 2010, which are “implemented to ensure equal pay for work of equal value and to eradicate pay disparities across the public service”. The Committee notes that the 2010 policy refers to equal pay and job evaluation, but does not explicitly mention equal pay for men and women for work of equal value. The Government also indicates that during the financial year 2014–15, it issued a substantial salary increase to the lower cadres as compared to higher positions. The Committees asks the Government to provide information on measures adopted or envisaged to reduce the gender pay gap in the public sector and to promote access of women to higher level posts and in particular, how it is ensured that the 2010 Public Service Pay and Incentive Policy effectively applies the principle of equal pay for men and women for work of equal value. The Committee asks the Government to continue to collect data on the respective earning levels of men and women by occupation and education level in the public sector. Please also provide a copy or a summary of the Public Service Management and Employment Policy 2008.

Wage boards. Minimum wage. The Committee notes that some of the lowest wages set out in the Labour Institutions Wage Order No. 196/2013 of 2013 are in health services and private school services. The Committee notes from the Employment and Earnings Report 2013 that almost 60 per cent of the workers in human health and social work activities are women and more women are employed in Education than any other sector. The lowest minimum monthly wages are for certain categories of domestic work. Conversely, predominantly male industries have higher minimum wages including in construction and mining, where over 80 per cent of workers are men. The Committee recalls that when minimum wages are set at the sector or industry level, there is a general tendency to set lower wages for sectors predominantly employing women and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly, and that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills. The Committee also draws the Government’s attention to the fact that the skills required for domestic work, which are considered to be “innate” to women, are often undervalued or even overlooked, thus resulting in the undervaluation of domestic work (see General Survey on the fundamental Conventions, 2012, paragraphs 683, 701 and 707). The Committees asks the Government to provide specific information on how it is ensured that the criteria and method used to adjust the sectoral and occupational minimum wage are free from gender bias and that the work in sectors in which women predominate is not undervalued as compared to work in male dominated sectors. The Committee once again asks the Government to provide a copy of the guidelines for the wage boards that were being developed on the basis of ILO standards and the Constitution.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s commitment to ensure that the concept of “work of equal value” is duly addressed and promoted in cooperation with workers’ and employers’ organizations. The Government states generally that the wage boards as tripartite structures established under the Labour Institutions Act ensure cooperation with employers’ and employees’ organizations. The Committee notes that according to section 4 of the Wage Order of 2013, more favourable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. In this regard, the Committee asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in collective agreements, and to supply copies of any agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee notes that the 2010 Public Service Pay and Incentive Policy aims to harmonize and rationalize pay in line with the principle of equal pay for work of equal value and eradicate pay disparities across the entire public service. The 2010 policy document indicates that a job evaluation and re-grading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes however that the policy does not explicitly address pay disparity between men and women nor does it refer to an objective job evaluation free from gender bias. The Committee notes that the President’s Office, Public Service Management must ensure that the principle of equal pay for work of equal value is adhered to and must establish criteria for weighing job content across diverse organizations that comprise the broader public service based on the JERG exercise. The policy also provides that a public service and productivity and remuneration board (PSPRB) shall be established to harmonize and monitor compensation in the public service. The Committee asks the Government to provide information on the measures taken by the Public Service Management and the PSPRB to ensure that the JERG exercise takes into account the principle of equal work for men and women for work of equal value and is undertaken on the basis of entirely objective and non-discriminatory criteria free from gender bias.

Enforcement. While welcoming the information provided by the Government regarding the number of labour inspections undertaken and contraventions addressed in the 2013–14 financial year, the Committee notes this information does not indicate how many of the contraventions related to equal remuneration between men and women. The Committee asks the Government to continue to provide information on any developments in the training and work of labour officers regarding the principle of the Convention, including information on violations that relate to the principle of equal remuneration for men and women for work of equal value.

Zanzibar

The Government indicates that the Wage Order of 2013 applies in the mainland as well as Zanzibar, and that the Wage Advisory Board applies the principle of the Convention. However, no information is provided on the manner in which this is done. The Committee recalls that the Government planned to seek the technical assistance of the ILO regarding the collection of statistics on remuneration levels of men and women in Zanzibar, but notes that no statistics were provided with the Government’s report. Recalling the importance of having accurate information on the gender pay gap, including its underlying causes, the Committee once again asks the Government to undertake the necessary steps to collect, compile and provide data on the earning levels of men and women by economic activity and occupation, in both the public and private sectors in Zanzibar.

Enforcement. The Government indicates that no cases of violations of the principle of the Convention have been reported. The Committee recalls from its General Survey, 2012, paragraph 870, that where no cases or complaints, or very few, are being lodged, this is likely to indicate a 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. The Committee asks the Government to take steps to raise awareness among workers, employers and their organizations as well as labour officers, judges and other public officials of the principle of equal remuneration for men and women for work of equal value and the procedure for issuing complaints of violations of the principle, and to provide information on any progress made in this regard.