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

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

Article 2 of the Convention. Legislative developments. The Committee notes that pursuant to section 3(2) and (3) of the Equal Pay Act the employer who discriminates by failing to pay equal pay for equal work commits an offence and is liable to a fine. Where the offence is committed by any agent of the employer or some other person, he or she can be subject to proceedings, either together with or after the conviction of the employer, and shall be liable, on conviction, to the same punishment (section 5(1)); the court may order the employer to pay the employee arrears of remuneration due (section 4). The Act further provides that any provision of a contract of employment or collective agreement that contravenes section 3(1) shall be void (section 6(1) and (2)), and protects employees from victimization by the employer, who, if the case occurs, will be guilty of an offence and liable to a fine or imprisonment (subsections (4) and (5)). Section 7 of the Act puts the burden of proof of equal pay for equal work on the employer. The Committee requests the Government to provide information on the practical application of the Equal Pay Act 2012, including any judicial or administrative proceedings involving violations of sections 3(1) and 6(4) of the Act, and the convictions pronounced, sanctions imposed and remedies provided.

Minimum wages. The Committee notes the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014, bringing the national minimum wage up to US$9.00 per hour. However, separate minimum wage orders still apply for shop employees, security guards, “watchmen”, the manufacturing sector, and for hotel, casino, restaurant and other related workers. The Government merely indicates in this regard that the Minimum Wage Advisory Committee agreed on a minimum wage free from gender bias and that jobs undertaken by women are not being undervalued. The Committee therefore asks the Government to provide information on the following:

• (i) the specific measures taken to ensure that the criteria used for the determination of minimum wages in the different sectors excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order 2008, are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men; and
• (ii) the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services.

Noting that steps are being taken to collect relevant statistics on the distribution of men and women in the categories of work covered by the minimum wage orders, as well as wages paid in those sectors, the Committee asks the Government to provide such information with its next report.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. The Government refers however to the new Civil Service Act 2014, a copy of which was not received, and indicates that the Act might give insight on the methodology used. The Committee asks the Government to provide a copy of the new Civil Service Act and specific information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Government indicates that it is actively seeking the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, but that it is unable to provide any information on the specific activities carried out in this regard. The Committee recalls the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and asks the Government to provide detailed information on all initiatives taken in this regard.

Enforcement. The Committee notes that the Minister shall designate such officers for the purpose of investigating any complaint and otherwise securing the proper observance of the provisions of the Equal Pay Act (section 8). Section 3(5) requires that any prosecution for an alleged offence relating to section 3(1) of the Act shall first be preceded by a mediation procedure as set out in the Schedule to the Act. The Committee notes that the mediation procedure provides that a complaint may be submitted to the Labour Commissioner, who, if of the opinion that a contravention of section 3(1) has occurred, shall refer the case to a designated officer for investigation and settlement. Where the designated officer fails to effect a settlement, the Labour Commissioner may refer the matter to a mediator for review. The Government further indicates that the establishment of a more efficient labour inspection mechanism is still ongoing and it is the intention to ensure the necessary human and financial resources for this, during the financial year 2016. The Committee also notes that during the reporting period there were no judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information on steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken. Please provide information on the nature and number of any cases regarding unequal pay brought to the Labour Commissioner, including settlement obtained by the designated officers and referrals to the mediator.

Statistical information. The Committee notes that section 8 of the Equal Pay Act requires employers to keep records of remuneration, as are necessary, to show that the Act is being complied with in respect of the persons employed; an employer who fails to keep such records commits an offence and is liable on summary conviction to a fine. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their corresponding earnings.