Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - Bahamas (Ratification: 2001)

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Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that the Government neither provides the requested information to allow it to assess the gender wage gap in the country, nor does it indicate the steps taken to determine the underlying causes for wage differentials between women and men, and the measures taken to address these differentials. It also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that concerns remain over: (1) the disproportionately high unemployment rate among women, notwithstanding their higher level of educational attainment; (2) the continued occupational segregation in the labour market; (3) the concentration of women in low-wage jobs in the formal and informal sectors; and (4) the large amount of unpaid and unrecognized work done by women, which does not count towards their eligibility for retirement and other work-related benefits (CEDAW/C/BHS/CO/6, 14 November 2018, paragraph 35). The Committee requests, once again, the Government to take all the necessary steps to: (i) determine and address the underlying reasons for wage differentials between men and women, such as occupational gender segregation; and (ii) indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers. To fully assess the extent of the gender pay gap, the Committee once again asks the Government to provide statistical information on the earnings of men and women in the various economic sectors in the public and private sectors as well as any available statistical data on the gender pay gap.

Articles 1 and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that efforts are being made towards the adoption of a bill amending the Employment Act. However, it notes with concern the Government’s statement that no progress was made to amend section 6 of the Employment Act, 2001, which unduly limits the scope of “work of equal value” to work performed in the same establishment, requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. The Committee draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. It also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. In this regard, the Committee refers to paragraphs 672–677 and 697 of its General Survey on the fundamental Conventions, 2012. Recalling that the Committee has been asking the Government to bring its legislation in line with the requirements of the Convention since 2004, it once again urges the Government to take the necessary measures to: (i) amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skills, efforts and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention; and (iii) provide information on the progress achieved to this end.

Article 2. Determining rates of remuneration. Public service. The Committee welcomes the information provided by the Government, including the Government of Bahamas Salaries Book for 2016, which indicates the applicable pay scales for employment in the civil service, and the Human Resources Policies Document (2017). From the information provided, the Committee notes that it remains unclear how the “minimum of the salary scale” is determined. The Committee therefore asks the Government to: (i) provide information on the manner in which the “salary scales” are determined in the civil service, including on the method and criteria used to establish them; and (ii) provide a copy of the most recent Salaries Book.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with workers’ and employers’ organizations.The Committee notes the repeated indication from the Government that it does not have anything to report on this point and requests the Government to: (i) take measures to encourage the social partners to discuss the principle of equal remuneration between men and women for work of equal value and to include provisions to that effect in the collective agreements; (ii) provide information on the measures taken or envisaged in this regard; and (iii) provide copies of collective agreements which apply the principle of the Convention.

Article 3. Objective job evaluation.Recalling that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs and that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, the Committee once again requests the Government to take steps to: (i) develop and use objective job evaluation methods; and (ii) provide for objective job evaluation including the time frames proposed for their implementation.

Awareness-raising and enforcement. The Committee notes the Government’s indication that there have not been any courts of law or tribunals that have handed down any decisions with regard to the principle of the Convention. In this regard, the Committee refers to paragraphs 870 and 871 of its 2012 General Survey. The Committee asks the Government to: (i) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully; (ii) take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay; and (iii) provide information on any activities undertaken in this regard.