Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Seychelles (Ratification: 1999)

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides for some protection against discrimination based on gender as regards remuneration, but does not provide for equal remuneration for men and women for work of equal value. It previously noted that sections 48(1) and (9) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly provided for equal remuneration for men and women for work of equal value, and expressed the hope that the Bill would be adopted as soon as possible. The Committee notes the Government’s statement, in its report, that a new Employment Bill was elaborated in 2018, in order to introduce additional amendments while still incorporating the principle of the Convention. The Government adds that the recent COVID-19 pandemic has further delayed the possible approval of this new Employment Bill. The Committee expresses the firm hope that the Government will make every possible efforts to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

Articles 2 and 3. Assessment of the gender pay gap. The Committee previously noted that, according to the last available statistical information: in 2012, the average gender pay gap for all occupational groups was estimated around 20 per cent. It requested the Government to provide updated statistical data, together with the findings of the Technical Research of 2012-15 on the labour market regarding gender issues, in particular the gender pay gap. Regarding the findings of the Technical Research, the Committee notes the Government’s statement that the draft Technical Research has not been approved as the information was outdated and none was available on the gender pay gap. It notes the Government’s indication that the National Bureau of Statistics (NBS) calculates average earnings by industry and sex for the government and parastatal sectors, while no data is available for the private sector which remains the predominant source of employment, representing 66.1 per cent of the formal employment (compared to 19.4 per cent for the government sector and 14.4 per cent for the parastatal sector) in 2020. The Committee notes that the Decent Work Country Programme (DWCP) for 2019-2023 highlights that more women than men are engaged in low paid jobs but the lack of sex-disaggregated information makes it difficult to assess the actual situation. In that regard, the DWCP sets as a specific output the strengthening of the labour market statistics and information systems through improved statistical surveys. The Committee further notes the Government’s indication that (1) the Seychelles Revenue Commission is finalizing data collection procedures on earnings in the private sector; (2) the Ministry of Employment, Immigration and Civil status has requested the NBS to undertake the analysis of the gender pay gap in their upcoming Household Budget Survey; and (3) the NBS has suggested the inclusion of income disparity indicators in the Quarterly Labour Force Survey to capture relevant data requirements and will consult the ILO for technical assistance to that end. The Committee welcomes this information. It however notes that, according to the NBS, in 2019, the average gender pay gap was estimated at 15.35 per cent in the public sector and 19.19 per cent in the parastatal sector, proportions which remain mostly unchanged since 2017. Furthermore, in the government and parastatal sectors, for which data are available, women employed in same occupational categories than men systematically received lower remuneration in all occupational categories. The Committee notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) remained concerned that women frequently face occupational segregation with concomitant wage differentials, and that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, 12 November 2019, paragraph 35). The Committee hopes that the Government will soon be able to collect and provide updated statistical information on remuneration levels by sector and occupational group, disaggregated by sex, that would permit an assessment of the evolution of the nature and extent of the pay gap, in particular in the private sector. It asks the Government to provide information on any progress made in that regard, particularly by the Seychelles Revenue Commission and the National Bureau of Statistics and within the framework of the DWCP for 2019-2023, as well as any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in the private, government and parastatal sectors. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in that regard.

Article 2(2)(b). National minimum wage. Referring to its previous comments where it asked the Government to provide information on the effective enforcement of the minimum wage, in particular in sectors in which women predominate, the Committee notes the Government’s indication that the national hourly minimum wage is set based on the cost of living and employment and unemployment trends, and is applicable to both men and women. The Committee welcomes the adoption of the Employment (National Minimum Wage) (Amendment) Regulations, 2019 (S.I. No. 62 of 2019) which increases the national minimum wage. The Committee again asks the Government to provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well on any obstacles encountered, in particular in sectors in which women predominate.

Article 3. Objective job evaluation. The Committee previously noted that, in the public sector, salaries established in the Public Service Salary Table, adopted in 2013, are based on a set of factors free from gender bias and requested the Government to take steps to promote the use of objective job evaluation methods in the private sector. The Committee notes with regret the Government’s statement that no method has been adopted to promote objective job evaluation, as no legal provision ensuring equal pay for work of equal value has been adopted yet. In light of the persistent occupational segregation and substantive gender pay gap in the public and para-public sectors, for which recent data are available, the Committee wishes to draw the Government’s attention to its obligation to ensure that the principle of the Convention is also applied in the private sector. It recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see General Survey on fundamental Conventions, 2012, paragraph 695). The Committee hopes that the Government will strengthen its efforts to promote the use of practical approaches and methods for the objective evaluation of jobs in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure that skills considered to be “female” (such as manual dexterity or skills required in the caring professions) are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting). It asks the Government to provide information on any measures taken or envisaged to that end.