Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Antigua and Barbuda (Ratification: 2003)

Article 2 of the Convention. Promoting application of the principle. In the absence of any concrete information on this matter, the Committee reiterates its request to the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. The Committee also requests the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Gender Affairs Department.

Determination of rates of remuneration. In its previous comments the Committee noted that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability. The Committee notes with regret that the Government’s report once again does not provide any further information on the way in which it ensures that rates of remuneration are determined free from gender bias. The Committee, therefore, urges the Government to indicate the specific manner in which it ensures that, in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. Noting that no further information has been provided, the Committee once again requests the Government to indicate the specific criteria used for the classification of posts under the different grades and for determination of the corresponding earnings. The Committee also requests the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers concerned, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee recalls that the Public Sector Transformation Unit carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Committee notes that the requested information from the Public Sector Transformation Unit was not attached to the Government’s report nor was any further information provided on the progress made in developing an objective job evaluation mechanism. The Committee urges the Government to provide the census results of the Public Sector Transformation Unit and detailed information on the progress made in the development of an objective job evaluation method for the public service. The Committee also reiterates its requests to the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee reminds the Government of the possibility of availing itself of ILO’s technical assistance in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee once again asks the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value has been addressed, and if so, the result of such discussions. It also requests the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners have been undertaken to promote the application of the principle of the Convention, and the results achieved.

Awareness raising and enforcement. The Committee refers to its previous comments regarding the absence of complaints or cases related to sex discrimination with respect to remuneration. The Committee once again asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate the authorities responsible for enforcement of the principle under the Convention, and how such enforcement has been undertaken in practice. The Committee also requests the Government to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to capture data on the characteristics of the working population, and notes that the Government will provide statistical data once it becomes available. The Committee recalls the importance of gathering accurate statistical data on the earnings of men and women in the various sectors and occupations in order to evaluate the extent and nature of the gender pay gap. The Committee hopes that the Government will make every effort to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings. It further requests the Government to indicate the progress made in this respect, and to provide information on the extent, nature and evolution of the gender pay gap.