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

Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

Legislative developments. The Committee recalls that the Government over a period of ten years has repeatedly indicated that a Bill was being prepared in order to fully reflect the principles set out in the Convention. The Committee notes the Government’s indication in its report that section 14 of the Employment Bill would amend section 96 of the Employment Act of 1980 which provides for “equal pay for equal work”, by defining “work of equal value” as meaning “work in which the duties and services to be performed require similar or substantially similar levels of qualification, experience, skill, effort, responsibility which is performed under similar or substantially similar working conditions”. In this regard, the Committee draws the Government’s attention to the fact that such definition could unduly restrict the scope of comparison of jobs performed by men and women and recalls that the concept of “work of equal value” as provided for under the Convention is fundamental to tackling occupational gender segregation in the labour market. This concept permits a broad scope of comparison including, but going beyond, equal remuneration for “equal”, “the same”, or “similar” work, and also encompassing work of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to ensure that any new legislation will fully reflect the principle of equal remuneration for men and women for work of equal value enshrined in the Convention, allowing for the comparison not only of work that involves similar or substantially similar qualifications, skills, effort, responsibilities and conditions of work but also of work of equal value.

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