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

Equal Remuneration Convention, 1951 (No. 100) - Saint Kitts and Nevis (Ratification: 2000)

Article 1 of the Convention. Work of equal value. Legislative developments. The Committee notes the adoption of the Equal Pay Act No. 23 of 2012, which defines remuneration in broad terms in accordance with the Convention. However, the Committee notes with regret that section 3(1) of the Act only prohibits an employer from discriminating between male and female employees by failing to pay “equal pay for equal work”. Section 2(1) defines “equal work” as “the work performed for an employer by males and females in which: (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degrees of skill, effort and responsibility required; and (d) the difference, if any, between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently”. The Committee notes that these provisions are narrower than the principle of equal remuneration for work of equal value enshrined in the Convention, as they limit the requirement of equal remuneration for men and women to “similar or “substantially similar” duties, responsibilities or services, conditions of work and qualifications, skills, effort and responsibilities. The Committee emphasizes that the concept of “work of equal value” established in the Convention includes but goes beyond similar or substantially similar work performed by men and women and that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (see 2012 General Survey, paragraphs 673 and 697). The Committee requests the Government to give full legislative expression to the principle of the Convention and to take the necessary measures to amend the Equal Pay Act 2012 so that it will clearly set out the principle of equal remuneration between men and women for work of equal value – which should not only provide for equal remuneration for men and women performing similar or substantially similar work, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value. Noting the Government’s indication that the draft Labour Code has been tabled before the National Tripartite Committee and was expected to be adopted in the first half of 2016, the Committee trusts that all efforts will be made to include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value, and requests the Government to report on the progress made.

The Committee is raising other matters in a request directly addressed to the Government.