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

Equal Remuneration Convention, 1951 (No. 100) - Uganda (Ratification: 2005)

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had noted that although sections 6(6) and 6(7) of the Employment Act espouse the principle of equal remuneration for men and women for work of equal value, the legislation does not provide a definition of “remuneration” per se. While “wages” are defined in section 2, this is narrower than that of remuneration as defined under the Convention due to the exclusion of benefits. Noting that the Government report is silent on the issue, the Committee wishes to recall that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on the fundamental Conventions, 2012, paragraphs 686–687, 690–691). The Committee therefore repeats its request to the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to all aspects of remuneration, including the contributions excluded from the definition of “wages” in section 2 of the Employment Act.

Article 2. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. The Committee notes that the Public Service Negotiating and Arbitration Council collectively negotiates with the Government regarding the terms and conditions of work in the public service, with the resulting agreement regarding pay communicated to the entire service. However, there is no information on how exactly the principle enshrined in the Convention is taken into account concretely when both parties are negotiating. Consequently, the Committee requests the Government to provide more detailed information of this collective negotiation process, specifically regarding measures taken to ensure the principle of equal remuneration for work of equal value between men and women is reflected in this process. It also requests the Government to provide statistical data on the distribution of men and women in the public sector by earnings’ levels and hours of work.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that it has carried out a comprehensive job analysis for the entire public service, and that the private sector is yet to implement the newly formulated performance management model which is gender bias free. The Committee requests once again the Government to specify the methods and criteria used for the evaluation of jobs in the public service, in particular, how it ensures that the methods applied are objective and free from gender bias. It also requests the Government to provide information on the outcome of the public service job analysis, including the impact on the wages of male and female workers respectively. The Committee further requests the Government for information on measures taken to promote the use of the objective job evaluation method with private corporations.

Minimum wages. In its initial report submitted to the Committee on Economic, Social and Cultural Rights (E/C.12/UGA/1, 5 December 2013, paragraphs 68–70), the Government indicated that it is in the process of reconstituting the minimum wage advisory board in the department of labour in the Ministry of Gender, Labour and Social Development to set the minimum wage and recognized that there could be a segregation of women into low-paying sectors: 50 per cent of employed women are in the three lowest paying sectors, that is agriculture, housing, mining and quarrying compared to 33 per cent of men. In recent years, the important role of minimum wages in the context of wage-determination has been a particular focus of the Committee as, although not expressly required under the Convention, the setting of minimum wages is an important means by which it is applied in practice. The Committee recalls that minimum wage rates should be fixed based on objective criteria, free from gender bias. The Committee therefore invites the Government to provide information on measures taken to ensure the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of the new minimum wage scheme to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (General Survey on fundamental Conventions, 2012, paragraph 683).

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests once again the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. Please provide also information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Parts III and IV of the report form. Awareness-raising activities. The Committee notes the Government’s repeated indication that the Equal Opportunities Commission has developed and implemented awareness-raising initiatives on gender issues and equal remuneration. The Committee repeats its request to the Government to provide further information on the specific objectives and content of the awareness-raising initiatives and workshops to which the Government refers and their impact.

Enforcement. The Committee notes the Government’s brief indication that the Equal Opportunities Commission hears appeals from complaints, but observes that it remains silent regarding the Committee’s requests for information on the complaints themselves and their outcomes, as well as information regarding infringements detected by the labour inspectorate and other judicial or administrative decisions. Therefore the Committee reiterates its request to the Government to provide information on the complaints lodged before the Equal Opportunities Commission regarding unequal remuneration, including the outcomes thereof. It also repeats its request for information on any infringements detected by or brought to the attention of the labour inspectorate, as well as on any judicial or administrative decisions applying the principle of equal remuneration for men and women for work of equal value and on the remedies provided. The Committee further repeats its request to the Government to provide information on any specific measures taken by the Ministry of Gender, Labour and Social Development with a view to ensuring full application of the principle of the Convention.

Part V. The Committee notes that the Government did not reply to its previous request for information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. The Committee repeats its request to the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also repeats its request to the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap. The Committee also requests the Government to provide a copy of the most recent Labour Market Bulletin of the Directorate of Labour.