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

Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

The Committee notes 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 comments.

Repetition

Legislative developments. The Committee notes that the Employment Bill is still under consideration and recalls the Government’s assurance that the concept of “work of equal value” would be taken into consideration when debating the Bill. The Committee once again hopes that the new legislation will fully reflect the principle of “equal remuneration for men and women for work of equal value” and promote objective job evaluation on the basis of the work performed, pursuant to the Convention. With regard to the Human Resources Planning and Development Policy, the Committee notes from the Government’s report that research has been conducted and that a draft policy was to be submitted to Cabinet by the end of 2010. The Committee trusts that the Government will take the necessary steps to ensure that the principle of “equal remuneration for men and women for work of equal value” is fully reflected in the Employment Bill, and asks it to provide information on the progress made in the adoption of the Bill. Please also continue to provide information on any further developments concerning the draft Human Resources Planning and Development Policy, and to indicate how the policy promotes the principle of the Convention. Please supply a copy of the final text once adopted.

Gender wage gap. The Committee notes from the statistics provided by the Government that the gender pay gap (based on the average paid income) is particularly high in occupations such as “craft and related trades workers” (60.3 per cent), “elementary occupations” (51 per cent), “plant and machine operators and assemblers” (44.2 per cent) and “service workers and shop and market sales workers” (39.5 per cent); and, in some industries, including health and social work (46.7 per cent); wholesale and retail trade (41 per cent); construction (38.1 per cent); and education (30.8 per cent). The Government indicates in its report that it is considering taking concrete measures to address occupational sex segregation and ensure that women have access to higher paid jobs in the context of the Citizens Empowerment Bill. The Committee further notes the Government’s statement that the National Development Strategy and the Poverty Reduction Strategy and Action Programme (PRSAP) recognize the issue of inequality, propose strategies aimed at addressing the gaps and offering equal opportunities for all regardless of sex. The Committee asks the Government to provide detailed information on how the National Development Strategy, the PRSAP, as well as the Citizens Empowerment Bill, address the issues of the gender wage gap and occupational segregation, in particular how they address increasing women’s access to a wider range of jobs, including those traditionally held by men. The Committee further asks the Government to consider taking concrete steps to examine and analyse the underlying causes of the gender wage gap.

Application in practice. Minimum wages. In its previous comments, the Committee noted that minimum wages were determined by tripartite wage councils in the private sector. The Committee therefore asks the Government to provide information on the specific measures taken or envisaged to ensure that criteria used for the determination of minimum wages in the private sector are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men.

Article 3 of the Convention. Objective job evaluation. Recalling that a job evaluation exercise was carried out in the public sector, the Committee asks the Government to indicate whether steps are being taken to promote and implement objective jobs evaluation in the private sector.

Enforcement. The Committee notes the Government’s indication that the labour inspection system continues to be enhanced, in particular with the assistance of the ILO. The Committee also notes that training related to the principle of the Convention will be extended to the members of the Conciliation Mediation and Arbitration Commission (CMAC). The Committee asks the Government to continue to provide information on the steps taken or envisaged to increase the capacity of labour inspectors, judges and members of the CMAC, and to indicate in particular how these measures relate to the application of the Convention. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.

Statistics. The Committee notes the preliminary results from the integrated Labour Force Survey (2010) forwarded by the Government. However, this survey analysis does not include information on wages or earnings. The Committee hopes that the final Labour Force Survey will contain the fullest possible statistical information, including statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings, and asks the Government to provide statistical information in this regard once it is available.