Equal Remuneration Convention, 1951 (No. 100) - Namibia (Ratification: 2010)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. In follow up to its last requests on the country gender pay gap and statistics on earning levels by sector and occupation, disaggregated by sex, the Committee takes note of the Namibia Labour Force Survey of 2018, indicating that: (1) the average monthly wage income for employees was higher for men (N$ 8,052) than for women (N$7,789), and that the average monthly wage income was higher for men in all industries except in the three sectors of electricity and related industries, transportation and storage, and extraterritorial organizations and bodies; and (2) women workers are more represented than men workers in the accommodation and food industry, domestic work, education, and financial and insurance industry. It also notes from the same survey that within these sectors, the average monthly wage is higher for men than for women, in particular in education (N$18,144 for men and N$14,138 for women) and in the financial and insurance industry (N$28,215 for men and N$16,296 for women), and that the sectors of accommodation and food and domestic work are the lowest paid industries (N$2,819 and N$1,387 respectively for a national average of N$7,325). The Committee requests the Government, in cooperation with employers’ and workers’ organizations, to take proactive measures to make progress in reducing the gender pay gap and to provide information on the measures taken in this regard, such as by promoting women’s access to a wider range of jobs with career prospects and higher pay, and combating stereotypes regarding women’s professional aspirations, preferences and capabilities, their role in the family and the concentration of women in low-paid sectors. It also asks the Government to provide information on any assessment made of such measures and their effective impact in addressing the gender pay gap and vertical and horizontal occupational segregation.

Article 1(b). Work of equal value. Legislation. The Committee had requested the Government to provide information on the application in practice of sections 5(1) and 5(3) of the Labour Act on the principle of the Convention, after noting that section 5(1)(g) defining “work of equal value” appeared to be narrower than the concept protected under the Convention as it referred to work “similar” or “broadly similar in nature”. The Committee takes note of the indications in the report of the Government that: (1) there are no court decisions recorded on the interpretation of the concept of “work of equal value” during the reporting period; and (2) a Statutory Tripartite Plus Employment Equity Commission (EEC) is examining the possibility of expanding its mandate in order to deal with pay equity related issues which include work of equal value principle, through the amendment of the Affirmative Action (Employment) Act (Act No. 29 of 1998) which has already started. The Committee notes this information and recalls that the concept of “work of equal value” must permit a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey of 2012 on Fundamental Conventions, paragraph 673). The Committee therefore requests the Government: (i) to consider amending section 5(1)(g) of the Labour Act that defines “work of equal value” to ensure that the application of the principle allows for the comparison between jobs that are of entirely different nature, but nevertheless of equal value; and (ii) to provide information on whether the mandate of the Tripartite Plus Employment Equity Commission has been modified to deal with pay equity and whether it covers the application of the principle of the Convention.

Article 2. Minimum wages. In its previous comment, the Committee had welcomed the adoption of sectoral minimum wages in agriculture, security industry, construction industry, and in domestic work and requested the Government to provide information on: (1) any developments in determining minimum wages in other sectors; and (2) the steps taken to incorporate the principle of equal pay for work of equal value into the method of establishing minimum wages. The Committee takes note of the information provided by the Government on the security sectoral collective agreement adopted in 2017 and the indication that the criteria used in determining the minimum wage for entry level security officers were free of gender bias as they consisted of the need of employees and their dependants, the capacity of the employer to pay, the level of wages in the country as a whole, existing social security benefits, economic factors, and the need to improve security officers’ working conditions. In this regard, the Committee recalls that minimum wages set at the sectoral level tend to be lower in sectors predominantly employing women and that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are based on objective criteria free from gender bias and in particular that certain skills considered “female” are not undervalued. Therefore, the Committee requests the Government to provide information on whether the method used to establish sectoral minimum wages ensures that skills considered “female” (such as manual dexterity, care delivery, service-type occupations) are not undervalued and that, consequently, the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. The Committee also requests the Government to indicate whether minimum wages have been set in other sectors.

Article 3. Objective job evaluation. The Committee had requested information on the impact of the objective job evaluation systems in place in the public and private sectors. In this regard, the Committee notes that the Government refers to the grading exercise carried out in the public sector in 2013 by the Public Service Management System but does not provide information on the impact of this exercise on the reduction of the gender pay gap in the public sector nor on the effect of the job grading systems used by many organizations in the private sector to measure jobs according to their content and to establish comparative worth between jobs. The Committee reiterates its requests to the Government to report on any information available on the impact of the objective job evaluations conducted on the gender pay gap, both in the private and public sector.

Monitoring and enforcement. Noting the Government’s indication that there were no cases on the application of the principle since the ratification of the Convention, the Committee recalls that the fact that no new cases have been dealt with by the courts in the past decade may be an indicator of the lack of awareness, lack of access to remedies, or fear of retaliation. The Committee requests the Government to actively promote awareness of the principle of equal remuneration for men and women for work of equal value, in particular the concept of “equal value” and the procedures available to seek remedies, among workers, employers and their respective organizations as well as enforcement authorities.

Statistics. The Committee notes the statistical information on the employment of women and men disaggregated by occupation provided by the Government. The Committee invites the Government to continue to collect and analyse on a regular basis statistical data disaggregated by sex on employment, in particular in sectors in which workers are predominantly women and subject to lower levels of remuneration in comparison with jobs of equal value in other sectors.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Gender pay gap. The Committee notes that, according to a government study, the gender wage gap in Namibia increased to 16 per cent in 2013, peaking at 37 per cent in the services sector. The Committee asks the Government to provide a copy of the abovementioned study or any other study or report assessing and analysing the gender pay gap in the country.

Article 1(b) of the Convention. Work of equal value. Legislation. In its previous comments, the Committee noted that section 5(3) of the Labour Act 2007 prohibits sex-based discrimination in any employment decision, including remuneration, for employees who do work of equal value but that the definition of work of equal value under section 5(1)(g) appears to be narrower than the principle of the Convention. The Committee notes the Government’s statement in its report that section 5(1)(g) allows for the comparison of “such other work” by examining the nature and extent of differences between jobs. Therefore, the examination of the nature and extent of such differences allows for the comparison not to be limited to the same or broadly similar jobs only. The Committee asks the Government to provide information on the manner in which sections 5(3) and 5(1) are applied or interpreted by labour inspectors and labour courts, in particular the concept of “work of equal value”, and to provide extracts of any relevant labour inspection reports and judgments. The Committee encourages the Government to undertake awareness-raising activities to promote a better understanding and improved application of the principle of equal remuneration for men and women for work of equal value by employers, workers and their organizations.

Article 2. Minimum wages. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied, in view of the fact that a minimum wage system helps to raise the earnings of the lowest paid. As women predominate in low-wage employment, the setting of minimum wages has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. The Committee welcomes the adoption of minimum wages in the following four sectors in 2014 and 2015: agriculture, security industry, construction industry and domestic work. The Committee notes that in order to demonstrate that a sector with a high proportion of women is not being undervalued, the Government points out that, among these four sectors, the domestic work sector which is dominated by women has the second highest rate per hour (7.80 Namibian dollars (NAD)) after the construction industry (NAD16.04 per hour). The Committee further notes that since the reporting period, the minimum wage for domestic workers has been raised to NAD8.67 as of 1 October 2017. Recalling that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular, that certain skills considered to be “female” are not undervalued, the Committee asks the Government to provide information on any developments in determining minimum wages in other sectors, including steps taken to incorporate the principle of equal pay for work of equal value into the method of establishing minimum wages in cooperation with the social partners. The Committee also asks the Government to provide further information on the enforcement of minimum wages set out in collective agreements in the construction, agriculture and security sectors, as well as in other sectors.

Article 3. Objective job evaluation. The Committee notes the information provided by the Government on the Reward Management Policy used in the public service to ensure, through job evaluation and grading, a systematic, fair and consistent means of measuring the relative value of functional levels within each job category. With respect to the private sector, the Committee notes the Government’s indication that job grading systems are used by many organizations to measure jobs according to their content and to establish comparative worth between jobs. Recalling the importance of objective job evaluation for the implementation of the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to provide any information available on the impact of such evaluations on the gender pay gap both in the private and the public sectors.

Monitoring and enforcement. The Committee notes from the Government’s report that the Ministry of Labour, Industrial Relations and Employment Creation has no record yet on administrative decisions taken in relation to the application of the Convention. The Committee asks the Government to collect and submit information on any judicial or administrative decisions related to the application of the principle of equal remuneration for men and women for work of equal value.

Statistics. Noting the statistics on the employment of men and women disaggregated by occupation provided by the Government and taken from the Namibia Labour Force Survey Report (2014), the Committee asks the Government to provide recent statistics on earning levels by sector and occupation, disaggregated by sex.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 1(b) of the Convention. Work of equal value. The Committee notes that section 5(3) of the Labour Act 2007 prohibits sex-based discrimination in any employment decision, including remuneration, for employees who do work of equal value. Article 95(a) of the Constitution also provides that “the Government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women”. The Committee notes however that the definition of work of equal value under section 5(1)(g) of the Labour Act 2007 appears to be narrower than what is required under the Convention as subsection (i) limits the application of work of equal value to comparing work that is “of the same or compared with any other work is broadly similar in nature”. While subsection (ii) further provides that the work must involve “skills, abilities, responsibilities, working environment or other requirements which are of equal value to employees belonging to any sex”, the two subsections appear to be cumulative. The Committee recalls that the concept of “work of equal value” provides for a broad scope of comparison, encompassing work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraph 673). The Committee asks the Government to provide information on the practical application of section 5(1)(g) of the Labour Act, and to clarify whether this provision allows for the comparison of jobs that are not the same or broadly similar, but of an entirely different nature, to determine if they are of equal value.

Article 2. Minimum wages. The Committee notes from the Government’s report that the Wages Commission submits its reports and recommendations to the Ministry of Labour, who is responsible for making wage orders under section 13 of the Labour Act. The Committee also notes that section 113, by reference to article 95 of the Constitution, requires the Wages Commission to take into account the principle of non-discrimination in remuneration of men and women. Noting the Government’s indication that the Wages Commission has conducted studies on the possibility of establishing a minimum wage for domestic workers, the Committee recalls that domestic work is among the lowest paid occupations in any labour market, and that particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see General Survey, ibid., paragraph 707). The Committee asks the Government to provide information on how it is ensured that the sectoral minimum wage setting process is free from gender bias, and that work in sectors with a high proportion of women is not being undervalued. The Committee also asks the Government to supply the findings of the studies on a minimum wage for domestic workers, as well as information on any follow-up action taken to implement the studies’ findings. Please also provide copies of the current minimum wage orders.

Collective agreements. The Government indicates that the principle of the Convention is applied through the use of the collective bargaining forum by employers and trade unions in order to improve the minimum wages set out in collective agreements in the construction, agriculture and security sectors. The Committee asks the Government to provide additional information on how the principle of the Convention is addressed through collective bargaining, and to provide examples of collective agreements which reflect the principle. The Government is also asked to provide information on any awareness-raising activities carried out to promote a better understanding and improved application of the principle of equal remuneration for men and women for work of equal value by employers, workers and their organizations.

Article 3. Objective job evaluation. The Government indicates that the Public Service Commission conducted job evaluations and regrading for all workers in the public sector and that the process was finalized and implemented effective 1 April 2013. According to the Government, the process established an equitable “base line” for the internal weight of jobs and enabled jobs to be ranked in order of importance of job weight. The Committee notes the Government’s indication that trade unions with exclusive bargaining power were consulted throughout the process. The Committee asks the Government to provide further information on the Public Service Commission’s job evaluation and regrading process, particularly on how the “base line” for each job is determined and how different jobs are ranked relative to one another. Noting the absence of information on objective job evaluation methods in the private sector, the Committee requests information in this regard.

Parts III and IV of the report form. Monitoring and enforcement. The Committee notes from the Government’s report that labour inspectors conduct regular inspections in the construction, agriculture and security sectors and enforce the minimum wages set out in the collective agreements in these sectors. The Committee also notes that there was no information provided regarding administrative decisions or court cases related to the application of the principle of the Convention. The Committee asks the Government to collect and submit information on any judicial or administrative decisions related to the application of the Convention. The Committee also asks the Government to provide further information on the enforcement of minimum wages set out in collective agreements in the construction, agriculture and security sectors, as well as in other sectors.

Part V. Statistics. The Committee asks the Government to provide statistics on earning levels by sector and occupation, disaggregated by sex.