Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Trinidad and Tobago (Ratification: 1997)

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. Recalling that the Equal Opportunity Act, 2000, contains no specific provisions regarding equal remuneration for men and women for work of equal value, the Committee has been requesting for many years that the Government take steps to give full legislative expression to the principle of the Convention. It notes the Government’s statement that the Industrial Relations Advisory Committee (IRAC) submitted a policy position paper on the basic terms and conditions of work to the Minister of Labour and Small Enterprise Development in May 2018 (and a revised paper in July 2018) and that national stakeholder consultations on employment standards were held in August and September 2018. These consultations focused on the IRAC’s Policy Recommendations on Employment Standards and a proposed list of definitions. The Government adds that it has established gender focal points in each Ministry in order to address issues such as equal remuneration for men and women for work of equal value. The Committee recalls that Article 2(2)(a) of the Convention specifies national laws and regulations as a method of applying the principle of the Convention and that guidance provided by the Equal Remuneration Recommendation, 1951 (No. 90) supports legal enactment for the general application of the principle. It emphasizes that legal provisions that are narrower than the principle laid down in the Convention – in that they do not give expression to the concept of “work of equal value” – hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In this regard, it notes with concern the lack of progress towards a full legislative implementation of the principle contained in the Convention. In view of the above, the Committee urges, once again, the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value and to provide information on any progress in this regard.

Articles 1 and 2. Assessing and addressing the gender pay gap. In its previous comment, the Committee, noting the Government’s commitment to address the gender pay gap and occupational gender segregation, requested it to provide information on the concrete steps taken and the progress made in this regard. It notes the Government’s statement that initiatives aimed at addressing these issues are being developed in the National Policy on Gender and Development, without further details about the nature of these initiatives, their timeframe and the results achieved. It notes, from the statistics provided by the Government on the average monthly income by sex and occupational group that, in 2016, the gender pay gap between men and women ranged from 15.5 per cent (for professionals, down from 21.5 per cent in 2012) and 15.6 per cent (for technicians and associate professionals, up from 10 per cent in 2012) to 38.7 per cent (for service and shop sales workers, down from 41.7 per cent in 2012). The statistics concerning the average monthly income by sex and industry also show a gender pay gap in favour of men (except in electricity and water), ranging from 5.2 per cent in the transport, storage and communication industry (down from 8.6 per cent in 2012) to 30.8 per cent in the wholesale and retail trade, restaurants and hotels (down from 34.9 per cent in 2012). While acknowledging that these statistics do not necessarily compare work of equal value, the Committee underlines that they reflect a predominant gender pay gap in favour of men as well as an occupational gender segregation. The Committee asks the Government to provide information on the initiatives developed and the concrete measures taken within the framework of the National Policy on Gender and Development and the results achieved. It also asks the Government to continue to provide detailed statistical data on the earnings of men and women according to occupational group and industry, as well as information on the minimum wage.

Collective agreements. In its previous comment, the Committee asked the Government to indicate how it is ensured that, in determining wage rates in collective agreements, the principle of equal remuneration for men and women for work of equal value is effectively taken into account by the social partners and applied, and the work performed by women is not being undervalued in comparison to that of men who are performing different work. It noted the continued use of non-gender-neutral terminology to describe certain categories of workers (such as greaseman, watchman, handyman, charwoman, female scavenger, etc.) which may serve to intensify sex segregation of occupations. The Committee notes the Government’s reiterated support of the principle in question and its indication that, during the on-going re-grading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation, gender-neutral designation of posts will be given consideration in order to ensure the application of the principle. The Committee asks the Government to indicate the results of the re-grading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation. It also asks the Government to indicate how the principle of equal remuneration for men and women for work of equal value is effectively taken into account by the social partners and applied when determining wage rates in collective agreements, in particular in sectors or occupations where women are heavily concentrated.

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