Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

Article 2 of the Convention. Application of the principle by collective agreements. Recalling section 63(2)(a) and (b) of the Equal Opportunities Act, 2006, which renders void terms of collective agreements which are unlawful by virtue of the Act, the Committee requests the Government to provide information on the application in practice of these provisions. The Committee also requests the Government to provide copies of collective agreements that contain specific clauses regarding equal remuneration for men and women for work of equal value.

Minimum wage. The Committee recalls that as women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraphs 682–685). The Committee notes that the Conditions of Employment (Standard Minimum Wage) Order, 2001, as amended in 2014, appears to continue to exclude domestic workers (section 3(2)(c)). The Committee requests the Government to consider reviewing the legislation to include domestic workers in the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001 and to provide information on the number of men and women employed as domestic workers and their respective earnings.

Promotion and enforcement of the principle. The Committee notes the Government’s indication that the Gibraltar Citizens Advice Bureau is the body responsible for the promotion of equal treatment and that it organizes seminars, conferences and distributes relevant information. The Committee requests the Government to provide detailed information on the activities carried out by the Citizens Advice Bureau concerning specifically the principle of the Convention, indicating whether, and how, it collaborates with workers’ and employers’ organizations in this regard. The Committee also requests the Government to provide information on the measures taken to enhance the capacity of the labour inspectors, judges and other public officials, to identify and address issues regarding equal remuneration for work of equal value, and to provide detailed information in this regard. Please also provide information on the progress made in appointing an Equal Opportunities Commission as provided for under section 79 of the Equal Opportunities Act, 2006.