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

Equal Remuneration Convention, 1951 (No. 100) - Malta (Ratification: 1988)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislative developments. The Committee notes that the Government provided no information on the application of relevant legal provisions subsequent to the amendment made in 2007 to the Equal Treatment in Employment Regulations. The Committee again asks the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations so as to give full effect to the principle of the Convention, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to EUROSTAT the gender pay gap for 2012 was 6.1 per cent. The Committee further notes the research report published by the National Commission for the Promotion of Equality (NCPE) in 2012 as part of its “Unlocking the Female Potential” project, in which the Commission recognized the prevailing occupational sex segregation contributing to the gender pay gap and suggested that the Government “improve the remuneration of low paid female-dominated jobs”. The NCPE also found that despite the advancement of women in education, they continue to be underrepresented in managerial positions. The Committee also notes that as part of the project on “Gender Balance in Decision-Making,” the NCPE is planning to carry out two additional research studies, respectively addressing the low representation of women among company board members and assessing the possibility of introducing a quota system to remedy this problem. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, including measures to address occupational sex segregation and to promote women in higher-paid jobs and high-level positions. It also asks the Government to provide information on the findings of relevant research projects undertaken by the NCPE on this issue. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent, and evolution of the gender pay gap, the Committee once again asks the Government to take steps to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. The Committee notes that, in reply to its request for information regarding the methodology used by Wage Councils to ensure that jobs predominantly undertaken by women are not undervalued in determining wage rates, the Government reiterates that wage orders do not allow differentiations based on sex. In light of the occupational sex segregation and the tendency to set lower wages for sectors predominantly employing women, the Committee recalls that the lack of an explicit differentiation between men and women in wage orders is not sufficient to ensure that there is no gender bias in the process (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to provide information on the rates set by wage orders applying to certain sectors of the labour force, including sectors in which either women or men are predominantly employed, and on the manner in which the process for determining these rates remains free from gender bias. The Committee further asks the Government to indicate how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. The Committee recalls its previous comments requesting the Government to provide information on measures taken to implement the recommendations of the NCPE regarding objective job evaluation. The Committee notes the Government’s statement that both trade unions and employers cooperate in applying the Convention. The Committee again asks the Government to provide information on the steps taken for the implementation of the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. The Committee also asks the Government to provide information on measures taken to raise awareness on the concept of “work of equal value” and the importance of objectively evaluating jobs free from gender bias and to promote the application of the principle through collective agreements.

Enforcement. The Committee once again asks the Government to provide information on judicial or administrative decisions relating to the principle of the Convention. The Committee also asks the Government to include information on relevant violations reported to or detected by labour inspectors.