Equal Remuneration Convention, 1951 (No. 100) - Guyana (Ratification: 1975)

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

Article 2. Minimum wage. The Committee recalls that a national minimum wage was introduced in 2013 in the country following consultations with the tripartite partners. In its latest comments, the Committee asked the Government to provide: (1) information on the proportion of men and women workers, disaggregated by sex, to which the new national minimum wage in the private sector and the minimum basic salary in the public sector apply; and (2) any information available, including studies, showing the impact of the introduction and increase of the national minimum wage and the increase of the minimum basic salary on the earnings of women in both the public and the private sectors and the gender pay gap. The Government indicates that it has established the National Tripartite Committee (NTC), but it has not started functioning yet and so it is not possible to forward the data requested by the Committee. It adds that the national minimum wage is fixed by the NTC through consultations and consensus and that wages and salaries are determined based on the portfolio and the labour market. The Committee expresses the firm hope that the Government will be in a position in the near future to provide information on: (i) the proportion of men and women workers, disaggregated by sex, to which the national minimum wage (private sector) and the minimum basic salary (public sector) apply; and (ii) the impact of the introduction in 2013 of the national minimum wage and the minimum basic salary on the earnings of women and the gender pay gap.

Articles 2(2)(c), 3 and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Objective job evaluation and wage determination. Previously, the Committee asked the Government to take concrete steps to raise awareness among workers’ and employers’ organizations about: (1) the principle of equal remuneration for men and women for work of equal value; and (2) the need to use objective job evaluation methods and criteria to avoid under valuating jobs traditionally performed by women when fixing rates of remuneration. It further asked the Government to indicate whether rates of remuneration are determined by collective bargaining in the public sector. The Government states that the newly established Ministry of Labour (2020), that is distinct from a department within another ministry, intends to amplify its efforts to increase awareness and sensitization on labour conditions, including on the principle of equal remuneration for men and women for work of equal value. It also confirms that, regarding the public sector, the Government is engaged with the Guyana Public Service Union to negotiate wages and salaries but indicates that successive governments have not been able to finalize any formal agreement. In light of the above, the Committee asks the Government to provide information on: (i) any development relating to the industrial relations climate through sustained social dialogue which can lead to national social agreements; (ii) any measures taken by the Ministry of Labour to increase awareness among workers and employers and their organizations about the principle of equal remuneration for men and women for work of equal value and the crucial role of objective job evaluation methods to achieve this objective and avoid gender bias in the process; and (iii) the manner in which rates of remuneration are determined by the social partners, including on the method and criteria used.

Statistics. The Committee notes the Government’s indication that it does not collect the data requested but that efforts are being made to improve data collection in the Bureau of Statistics, Ministry of Finance and Ministry of Labour. In order to better promote the principle of equal remuneration for men and women for work of equal value, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments (see General Survey on the fundamental Conventions, 2012, paragraph 891).  Therefore, the Committee urges the Government to provide information on the steps taken to collect periodically statistical data, disaggregated by sex, on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

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

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee observes that, for years, it has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990, which provides for “equal remuneration for the same work or work of the same nature” to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997 (section 9(1)). In its report, the Government indicates that it has recently constituted the Law Reform Commission and that both the Equal Rights Act, Cap. 38:01, and the Prevention of Discrimination Act, Cap. 99:08, are currently under review. With respect to “work of equal value”, the Committee recalls that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias. It further recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisor (predominantly women) and garden and park supervisors (predominantly men) (see General Survey of 2012 on the fundamental Conventions, paragraph 675).Top of Form The Committee asks the Government to ensure that the legislation duly reflects the principle of equal pay for men and women for jobs that are of a different nature, but are of equal value, and requests the Government to provide information in this regard. The Committee also recalls the importance of consultations with the social partners in the process of labour law reform and hopes that the Government will ensure this occurs in relation to any measures implementing the principle of the Convention. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in connection with the revision of the legislation relating to the application of the Convention.

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

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

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997 (section 9(1)), therefore reflecting the principle of equal remuneration for men and women for work of equal value. The Committee notes once again with regret that no progress has been reported by the Government in its report. The Committee recalls that it considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee urges the Government to take steps to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove any legal ambiguities.

Article 2. Minimum wage. The Committee notes that the Government indicates that the National Minimum Wage Order which was adopted in July 2013 does not provide for a distinction of rates of pay on the basis of sex or gender. The Committee notes the adoption in October 2016 of a new Labour (National Minimum Wage) Order which raised the minimum wage in the private sector from 35,000 to 44,000 Guyanese dollars (GYD) per month (around US$210.50). The Committee also notes from the speech on the budget made by the Minister of Finance in November 2018 that “the Government has also raised the minimum basic salary for each public servant to GYD64,200 per month” (paragraph 3.30). The Committee wishes to point out that as women predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide information on the proportion of men and women workers, disaggregated by sex, to which the new national minimum wage in the private sector and the minimum basic salary in the public sector apply. The Committee asks the Government to provide any information available, including studies, showing the impact of the introduction and increase of the national minimum wage and the increase of the minimum basic salary on the earnings of women in both the public and the private sectors and the gender pay gap.

Articles 2(2)(c), 3 and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Objective job evaluation and wage determination. In its previous comments, in order to facilitate the application of the principle of the Convention and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asked the Government to indicate whether objective job evaluations were undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used. The Committee notes the Government’s indication that rates of remuneration are fixed through the collective bargaining and negotiation process, without due regard to the differences in sex or gender. While noting this information, the Committee recalls that men and women tend to perform different work using different skills. Therefore, for the purpose of ensuring equal remuneration for men and women for work of equal value and avoiding an undervaluation of work traditionally performed by women, the Committee wishes to emphasize the importance of evaluating each job concerned on the basis of criteria free from gender bias, such as skills/qualifications, effort, responsibilities and working conditions, when determining rates of remuneration. The Committee asks the Government to take concrete steps to raise awareness among workers’ and employers’ organizations about the principle of equal remuneration for men and women for work of equal value and the need to use objective job evaluation methods and criteria to avoid undervaluation of jobs traditionally performed by women when fixing rates of remuneration. The Committee asks the Government to provide detailed information on the manner in which rates of remuneration are determined by the social partners, including on the method and criteria used. The Committee further asks the Government to indicate whether rates of remuneration are determined by collective bargaining in the public sector.

Statistics. The Committee recalls that appropriate data and statistics are crucial for determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. Therefore, the Committee asks the Government to provide any statistical data available, disaggregated by sex, on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997 (section 9(1)), therefore reflecting the principle of equal remuneration for men and women for work of equal value. The Committee notes once again with regret that no progress has been reported by the Government in its report. The Committee recalls that it considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee urges the Government to take steps to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove any legal ambiguities.

Article 2. Minimum wage. The Committee notes that the Government indicates that the National Minimum Wage Order which was adopted in July 2013 does not provide for a distinction of rates of pay on the basis of sex or gender. The Committee notes the adoption in October 2016 of a new Labour (National Minimum Wage) Order which raised the minimum wage in the private sector from 35,000 to 44,000 Guyanese dollars (GYD) per month (around US$210.50 dollars). The Committee also notes from the speech on the budget made by the Minister of Finance in November 2018 that “the Government has also raised the minimum basic salary for each public servant to GYD64,200 per month” (paragraph 3.30). The Committee wishes to point out that as women predominate in low-wage employment, and that a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee asks the Government to provide information on the proportion of men and women workers, disaggregated by sex, to which the new national minimum wage in the private sector and the minimum basic salary in the public sector apply. The Committee asks the Government to provide any information available, including studies, showing the impact of the introduction and increase of the national minimum wage and the increase of the minimum basic salary on the earnings of women in both the public and the private sectors and the gender pay gap.

Articles 2(2)(c), 3 and 4. Collective agreements and cooperation with employers’ and workers’ organizations. Objective job evaluation and wage determination. In its previous comments, in order to facilitate the application of the principle of the Convention and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asked the Government to indicate whether objective job evaluations were undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used. The Committee notes the Government’s indication that rates of remuneration are fixed through the collective bargaining and negotiation process, without due regard to the differences in sex or gender. While noting this information, the Committee recalls that men and women tend to perform different work using different skills. Therefore, for the purpose of ensuring equal remuneration for men and women for work of equal value and avoiding an undervaluation of work traditionally performed by women, the Committee wishes to emphasize the importance of evaluating each job concerned on the basis of criteria free from gender bias, such as skills/qualifications, effort, responsibilities and working conditions, when determining rates of remuneration. The Committee asks the Government to take concrete steps to raise awareness among workers’ and employers’ organizations about the principle of equal remuneration for men and women for work of equal value and the need to use objective job evaluation methods and criteria to avoid undervaluation of jobs traditionally performed by women when fixing rates of remuneration. The Committee asks the Government to provide detailed information on the manner in which rates of remuneration are determined by the social partners, including on the method and criteria used. The Committee further asks the Government to indicate whether rates of remuneration are determined by collective bargaining in the public sector.

Statistics. The Committee recalls that appropriate data and statistics are crucial for determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and make any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. Therefore, the Committee asks the Government to provide any statistical data available, disaggregated by sex, on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum wage. The Committee notes that the Government indicates in its report that a national minimum wage was introduced in 2013 following consultations with the tripartite partners and that the principle of equal remuneration was promoted and ensured regardless of gender. The Committee welcomes the adoption of a national minimum wage as an important means by which the Convention is applied. The Committee asks the Government to indicate if the national minimum wage applies to all workers, including in the public sector. The Committee further asks the Government to provide specific information on any difficulties encountered in the implementation and enforcement of the national minimum wage in certain sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. The Committee recalls that occupational sex segregation in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the relative value of jobs based on objective criteria that are free from gender bias, such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). In order to facilitate the application of the principle of equal remuneration for men and women for work of equal value and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used.

Part V of the report form. Statistics. The Committee notes from the report submitted by the Government to the Economic Commission for Latin America and the Caribbean on the Way to Beijing +20 in June 2014 that insufficient sex disaggregated data remains a major obstacle for the achievement of gender equality and the empowerment of women, but that measures are being adopted to address this situation. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. The Committee hopes that the Government will be in a position in the near future to provide statistical data disaggregated by sex on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997, which both provide for the principle of equal remuneration for work of equal value. The Committee notes with regret that no progress has been reported by the Government in this respect. The Committee considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee asks the Government to provide concrete information on the implementation of the Convention and in particular on the measures adopted to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove legal ambiguities.

Considering the ambiguity in the legislation and concerned about misunderstandings regarding the scope and meaning of the principle of equal remuneration for work of equal value, the Committee has been asking the Government to organize training activities and awareness-raising campaigns concerning this principle for labour inspectors and judges, as well as workers’ and employers’ representatives. The Committee notes that once again no information has been provided by the Government on any measures adopted in this respect, and stresses that a clear and accurate understanding of the concept of equal value is essential if the equal pay principle is to be effectively promoted and enforced. In its 2012 General Survey on the fundamental Conventions, the Committee emphasized that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits 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 (see General Survey, 2012, paragraph 673). The Committee therefore urges the Government to take the necessary measures to address misunderstandings on the principle of the Convention, including through activities to raise awareness among labour inspectors, judges and workers’ and employers’ representatives on the scope and meaning of the principle of equal remuneration for work of equal value. It asks the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Minimum wage. The Committee notes that the Government indicates in its report that a national minimum wage was introduced in 2013 following consultations with the tripartite partners and that the principle of equal remuneration was promoted and ensured regardless of gender. The Committee welcomes the adoption of a national minimum wage as an important means by which the Convention is applied. The Committee asks the Government to indicate if the national minimum wage applies to all workers, including in the public sector. The Committee further asks the Government to provide specific information on any difficulties encountered in the implementation and enforcement of the national minimum wage in certain sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. The Committee recalls that occupational sex segregation in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the relative value of jobs based on objective criteria that are free from gender bias, such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). In order to facilitate the application of the principle of equal remuneration for men and women for work of equal value and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used.

Part V of the report form. Statistics. The Committee notes from the report submitted by the Government to the Economic Commission for Latin America and the Caribbean on the Way to Beijing +20 in June 2014 that insufficient sex disaggregated data remains a major obstacle for the achievement of gender equality and the empowerment of women, but that measures are being adopted to address this situation. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. The Committee hopes that the Government will be in a position in the near future to provide statistical data disaggregated by sex on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997, which both provide for the principle of equal remuneration for work of equal value. The Committee notes with regret that no progress has been reported by the Government in this respect. The Committee considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee asks the Government to provide concrete information on the implementation of the Convention and in particular on the measures adopted to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove legal ambiguities.

Considering the ambiguity in the legislation and concerned about misunderstandings regarding the scope and meaning of the principle of equal remuneration for work of equal value, the Committee has been asking the Government to organize training activities and awareness-raising campaigns concerning this principle for labour inspectors and judges, as well as workers’ and employers’ representatives. The Committee notes that once again no information has been provided by the Government on any measures adopted in this respect, and stresses that a clear and accurate understanding of the concept of equal value is essential if the equal pay principle is to be effectively promoted and enforced. In its 2012 General Survey on the fundamental Conventions, the Committee emphasized that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits 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 (see General Survey, 2012, paragraph 673). The Committee therefore urges the Government to take the necessary measures to address misunderstandings on the principle of the Convention, including through activities to raise awareness among labour inspectors, judges and workers’ and employers’ representatives on the scope and meaning of the principle of equal remuneration for work of equal value. It asks the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Minimum wage. The Committee notes that the Government indicates in its report that a national minimum wage was introduced in 2013 following consultations with the tripartite partners and that the principle of equal remuneration was promoted and ensured regardless of gender. The Committee welcomes the adoption of a national minimum wage as an important means by which the Convention is applied. The Committee asks the Government to indicate if the national minimum wage applies to all workers, including in the public sector. The Committee further asks the Government to provide specific information on any difficulties encountered in the implementation and enforcement of the national minimum wage in certain sectors.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. The Committee recalls that occupational sex segregation in the labour market leads to an undervaluation of jobs predominantly performed by women. In order to overcome unequal pay due to such occupational segregation it is necessary to compare the relative value of jobs based on objective criteria that are free from gender bias, such as skill, effort, responsibilities and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 695). In order to facilitate the application of the principle of equal remuneration for men and women for work of equal value and to ascertain whether jobs done traditionally by women are undervalued in comparison with jobs done traditionally by men, the Committee asks the Government to indicate whether objective job evaluation is undertaken or envisaged in the public and private sectors and, if so, to specify the method and the evaluation criteria used.

Part V of the report form. Statistics. The Committee notes from the report submitted by the Government to the Economic Commission for Latin America and the Caribbean on the Way to Beijing +20 in June 2014 that insufficient sex disaggregated data remains a major obstacle for the achievement of gender equality and the empowerment of women, but that measures are being adopted to address this situation. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration for men and women for work of equal value. The Committee hopes that the Government will be in a position in the near future to provide statistical data disaggregated by sex on the distribution of men and women in the various economic sectors and occupations, and on their corresponding earnings, in both the public and private sectors.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Legislation. Since 1998, the Committee has been referring to the need to amend section 2(3) of the Equal Rights Act No. 19 of 1990 which provides for “equal remuneration for the same work or work of the same nature” in order to bring it into conformity with the provisions of the Convention and align it with the Prevention of Discrimination Act No. 26 of 1997, which both provide for the principle of equal remuneration for work of equal value. The Committee notes with regret that no progress has been reported by the Government in this respect. The Committee considers that the coexistence of the two different concepts in the current legislation has the potential to lead to misunderstanding in the application of the principle of the Convention. The Committee recalls that once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (see General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee asks the Government to provide concrete information on the implementation of the Convention and in particular on the measures adopted to amend section 2(3) of the Equal Rights Act No. 19 of 1990 with a view to bringing it into conformity with the principle of the Convention and aligning it with the Prevention of Discrimination Act No. 26 of 1997 so as to remove legal ambiguities.

Considering the ambiguity in the legislation and concerned about misunderstandings regarding the scope and meaning of the principle of equal remuneration for work of equal value, the Committee has been asking the Government to organize training activities and awareness-raising campaigns concerning this principle for labour inspectors and judges, as well as workers’ and employers’ representatives. The Committee notes that once again no information has been provided by the Government on any measures adopted in this respect, and stresses that a clear and accurate understanding of the concept of equal value is essential if the equal pay principle is to be effectively promoted and enforced. In its 2012 General Survey on the fundamental Conventions, the Committee emphasized that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation in the labour market, as it permits 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 (see General Survey, 2012, paragraph 673). The Committee therefore urges the Government to take the necessary measures to address misunderstandings on the principle of the Convention, including through activities to raise awareness among labour inspectors, judges and workers’ and employers’ representatives on the scope and meaning of the principle of equal remuneration for work of equal value. It asks the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation of 1998 on the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation of 1998 on the Convention.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation of 1998 on the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU, now International Trade Union Confederation (ITUC)), of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

 

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Minimum wages. The Committee notes the wage orders attached to the Government’s report which establish minimum wages for the various categories of workers in a number of sectors. While the rates established apply irrespective of the worker’s sex, the Committee notes that some of the terms used to describe a category of worker are not gender-neutral (e.g. barman, kitchen maid, washman, serviceman, etc.). In this regard, the Committee asks the Government to take the necessary measures to ensure that future wage orders refer to the various categories of workers in a gender-neutral way with a view to avoiding gender bias in the determination of remuneration. It also asks the Government to provide information on any measures taken to promote the application of the principle of equal remuneration for work of equal value in the minimum wage fixing process, including measures ensuring that the efforts, skills and responsibilities required by work predominantly carried out by women are not undervalued as a result of gender bias.

2. Collective bargaining. The Committee notes the Government’s statement that collective agreements did not have specific provisions on equal pay, as there was no need for such provisions because employees were paid the rate applicable to the job, regardless of sex. With reference to its observation, the Committee recalls that the Convention not only requires that the wages due for a specific job are paid irrespective of the worker’s sex, but that the various wage rates are established in accordance with the principle of equal remuneration for work of equal value. This requires some method to evaluate jobs in an objective manner with a view to eliminating gender stereotypes that eventually lead to an under-rating of jobs predominantly performed by women. Recalling that collective bargaining offers an opportunity to promote objective job evaluation as a means to establish remuneration in accordance with the Convention’s principle, the Committee asks the Government to provide information on any steps taken to seek the cooperation of workers’ and employers’ organizations on this matter.

3. Statistical information. The Committee once again asks the Government to provide statistical information on earnings, disaggregated by sex, as far as possible in accordance with the Committee’s general observation on the Convention of 1998.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Legislation. The Committee recalls that section 9 of the Prevention of Discrimination Act No. 26 of 1997 imposes the obligation on every employer to pay equal remuneration to men and women performing work of equal value, while section 2(3) of Equal Rights Act No. 19 of 1990 provides for “equal remuneration for the same work or work of the same nature”, which is a narrower concept than that required by the Convention. Further, the Committee recalls that section 28 of the 1997 Act stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990 but that the Government previously stated that the 1997 Act takes precedence over the 1990 Act. In light of the fact that section 2(3) of the 1990 Act falls short of the requirements of the Convention, the Committee remains concerned about the inconsistency between the above provisions concerning equal remuneration. Noting that no progress has been made concerning this matter for a number of years, the Committee asks the Government once again to amend the legislation in question with a view to ensuring that it is in accordance with the Convention and to avoid any uncertainties as to the interpretation of the provisions concerned, for instance, through expressly providing that the 1997 Act, in case of conflict, takes precedence over the 1990 Act. The Committee asks the Government to indicate any measures taken or envisaged in this respect.

2. Application in practice. The Committee recalls its previous comments asking the Government to provide information on the measures taken or envisaged to promote and supervise the application of the equal remuneration provisions of the Prevention of Discrimination Act. The Committee also recalls the communication received from the International Confederation of Free Trade Unions (ICFTU) of 30 October 2003 which was forwarded to the Government on 13 January 2004 and again on 1 June 2006, and to which the Government has not yet replied. The ICFTU raises concerns regarding the promotion and effective enforcement of equal pay legislation. In this context, the Committee notes the Government’s statement that there were no cases of male and female workers receiving different pay for the same work and that it was a long established fact that men and women received equal remuneration both in the public and private sectors. The Committee draws to the Government’s attention the fact that the principle of equal remuneration for men and women for work of equal value does not merely require equal pay for the same or equal work but also equal pay for different work that is nevertheless of equal value, as established on the basis of an objective evaluation of the content of the work performed. The absence of differential wage rates for men and women, while necessary in order to apply the Convention, is not sufficient to ensure its full application. Concerned that the Government’s report indicates misunderstandings as to the scope and meaning of the Convention’s principle, the Committee considers that training concerning the principle of equal remuneration for labour inspectors and judges, as well as workers’ and employers’ representatives is essential to effectively ensure the application of the Convention. It asks the Government to indicate in its next report any measures envisaged or taken to ensure the application of the equal pay legislation and the Convention through training and awareness-raising and to indicate any steps taken to seek the cooperation of workers’ and employers’ organizations in this regard. Further, the Committee reiterates its request to the Government to provide information on any judicial or administrative decisions relating to the equal pay provisions of the Equal Rights Act No. 19 of 1990 and the Prevention of Discrimination Act of 1997.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It recalls the communication of the International Confederation of Free Trade Unions (ICFTU) of 30 October 2003, which raises a number of issues relating to application of the Convention, including the promotion and effective enforcement of equal remuneration legislation. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain a reply to the comments made by the ICFTU and full information on the matters raised in the Committee’s previous direct requests, which read as follows:

1. Referring to its previous request concerning the status of section 2(3) of Equal Rights Act No. 19 of 1990, the Committee notes that the Act has not yet been amended and it hopes to see progress soon on the action taken to that end.

2. The Committee notes the Government’s statement that the minimum wage orders and government employees’ salary scales all provide for equal remuneration, and asks the Government to provide copies of relevant minimum wage orders. With reference to its 1998 general observation, the Committee once again asks the Government to provide, in its next report, any available statistical data, including government employees’ salary scales, relating to equal remuneration for women and men for work of equal value.

3. With regard to the measures taken or envisaged to promote and supervise the application of the Prevention of Discrimination Act No. 26 of 1997, the Committee notes that the Government has omitted to provide such information in its report. It therefore has to reiterate its request to provide such information, as it relates to equal remuneration for men and women for work of equal value, including the activities undertaken by the labour inspectorate and the methods used in such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions of both Act No. 26 of 1997 and Act No. 19 of 1990.

4. Noting the Government’s statement that its ensures that all collective labour agreements signed by the employers’ and workers’ organizations comply with the principle of the Convention and the relevant national laws on equality, the Committee would be grateful if the Government would supply copies of any collective labour agreements that contain provisions ensuring or promoting the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide any other information indicating the specific role played by the social partners in promoting the understanding and application of the Convention and the relevant laws on equality.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It also notes the communication dated 29 October 2003 received from the International Confederation of Free Trade Unions (ICFTU), which has been sent to the Government. The Committee will examine the ICFTU’s comments as well as the Government’s observations thereon at its next session.

1. Referring to its previous request concerning the status of section 2(3) of Equal Rights Act No. 19 of 1990, the Committee notes that the Act has not yet been amended and it hopes to see progress soon on the action taken to that end.

2. The Committee notes the Government’s statement that the minimum wage orders and government employees’ salary scales all provide for equal remuneration, and asks the Government to provide copies of relevant minimum wage orders. With reference to its 1998 general observation, the Committee once again asks the Government to provide, in its next report, any available statistical data, including government employees’ salary scales, relating to equal remuneration for women and men for work of equal value.

3. With regard to the measures taken or envisaged to promote and supervise the application of the Prevention of Discrimination Act No. 26 of 1997, the Committee notes that the Government has omitted to provide such information in its report. It therefore has to reiterate its request to provide such information, as it relates to equal remuneration for men and women for work of equal value, including the activities undertaken by the labour inspectorate and the methods used in such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions of both Act No. 26 of 1997 and Act No. 19 of 1990.

4. Noting the Government’s statement that its ensures that all collective labour agreements signed by the employers’ and workers’ organizations comply with the principle of the Convention and the relevant national laws on equality, the Committee would be grateful if the Government would supply copies of any collective labour agreements that contain provisions ensuring or promoting the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide any other information indicating the specific role played by the social partners in promoting the understanding and application of the Convention and the relevant laws on equality.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the information provided in the Government’s report. The Committee notes with interest that, according to the Government’s statement, section 9 of the Prevention of Discrimination Act No. 26 of 1997, which imposes the obligation on every employer, or person acting on behalf of such employer, to pay equal remuneration to men and women performing work of equal value, takes precedence over section 2(3) of the Equal Rights Act No. 19 of 1990 which refers to "equal remuneration for the same work or work of the same nature", which is a narrower concept than that required by the Convention. Nevertheless, the Committee hopes that Act No. 19 of 1990 will be amended to provide expressly for its precedence over the earlier Act in the event of conflict. The Committee requests information on the action taken to that end.

2. The Committee reiterates its request to the Government to indicate any measures taken or envisaged to promote and supervise the application of Act No. 26 of 1997 as it relates to equal remuneration for men and women workers performing work of equal value, including activities undertaken by the labour inspectorate and the methods used in any such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions both of Act No. 26 of 1997 and Act No. 19 of 1990.

3. Recalling the importance of the role of the social partners, the Committee requests information on any activities undertaken by employers’ and workers’ organizations to promote understanding and application of the Convention and the relevant national laws on equality.

4. With reference to its general observation of 1998, the Committee also asks the Government to provide, in its next report, any available statistical data relating to equal remuneration for women and men for work of equal value.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report.

1. Further to its observation, the Committee notes that section 28 of the Prevention of Discrimination Act, No. 26 of 1997 stipulates that the Act shall not derogate from the provisions of the Equal Rights Act of 1990. The Committee recalls that section 2(3) of the Equal Rights Act provides for women and men to be paid "equal remuneration for the same work or work of the same nature". In the Committee's view, section 2(3) of the Equal Rights Act would appear to restrict the application of equal remuneration to the same work or work of the same nature -- a concept which is narrower than that required in the Convention and enshrined in section 9 of Act No. 26 of 1997. Since the latter fully incorporates the provisions of the Convention, the Committee requests the Government to resolve any conflict between the two Acts in a manner that would ensure that Act No. 26 would take precedence over the Equal Rights Act.

2. The Government is requested to indicate any measures taken or envisaged to promote and supervise the application of the new Act as it relates to equal remuneration for men and women workers, including activities undertaken by the Chief Labour Officer. Please also supply information on court decisions based on the equal pay provisions both of Act No. 26 of 1997 and the Equal Rights Act of 1990.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of the Prevention of Discrimination Act, No. 26 of 1997, which applies to both the private and public sectors. It notes that section 9 of the Act imposes the obligation on every employer, or person acting on behalf of such employer, to pay equal remuneration to men and women performing work of equal value. Section 2 defines equal remuneration as the rates of remuneration that have been established without differentiation based on the grounds of sex and defines work of equal value in terms of the demands it makes in relation to such matters as skill levels, duties, physical and mental efforts, responsibility and conditions of work. The Committee also notes with interest that section 2(o) of the Act defines "remuneration" in broad terms, as required in Article 1 of the Convention, and that section 9, paragraph 3, places the burden of proof for establishing that equal remuneration has been paid on the employer.

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

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

1. The Committee notes the information provided by the Government in its report.

2. The Committee notes with interest that the Equal Rights Act, 1990 - which makes provision for the enforcement of article 29 of the Constitution - has amended a number of enactments by, inter alia, substituting with gender-neutral language those provisions which formerly gave only men the right to certain allowances, grants and payments. The Committee requests the Government to indicate the date on which the Equal Rights Act entered into force.

3. The Committee notes that section 2(3) of the Equal Rights Act provides for women and men to be paid "equal remuneration for the same work or work of the same nature". As this formulation of the principle of equal remuneration appears to be narrower than that enshrined in the Convention - which calls for equal remuneration for "work of equal value" - the Committee requests the Government to provide information on the way in which the national provision is applied in practice. Noting, in addition, that section 5(2)(a) empowers the Minister to make regulations concerning "the principles for determining whether any work is of the same nature as any other work, or for specifying that any work is of the same nature as any other work", the Committee requests the Government to provide copies of any such regulations enacted. Referring to its previous comments concerning the measures taken to apply the principle of equal remuneration in respect of wages paid above the legal minimum, the Committee also notes with interest that section 2(10) of the Act defines "remuneration" in broad terms, as required by Article 1(a) of the Convention. The Committee would be grateful if the Government would supply, in its next report, detailed information on all measures taken to promote and enforce those provisions of the Equal Rights Act which relate to the application of the Convention.

4. The Committee notes that the job evaluation exercise being undertaken in the public service is likely to be linked with a public administration programme sponsored by the World Bank. The Committee requests the Government to provide full information on the eventual outcome of this job evaluation indicating, in particular, the criteria used and the classifications and corresponding wage scales determined.

5. The Committee notes that the statistical information requested in paragraph 2 of the 1994 direct request is not at present being compiled. The Committee hopes that the work of the Statistical Bureau will be resumed soon and that the Government will be in a position to provide the data in its future reports.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with satisfaction that section 24(2)(f) of the Factories Act (which empowered the Minister of Labour to issue regulations establishing different rates of remuneration for men and women and young persons for overtime work) has been amended by the Equal Rights Act, 1990 to substitute the word "adults" for the words "men and women".

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. With regard to the practical application of the principle of equal remuneration for work of equal value, the Committee notes that, according to the Government, minimum wages are set by the Government for workers who are not unionized, without any distinction between male and female workers. The Committee requests the Government to indicate how the principle of equal remuneration for work of equal value is applied in respect of wages which are higher than the legal minimum.

2. The Committee notes that the labour inspection services ensure that employers comply with the wages prescribed. The Committee would be grateful if the Government would provide statistical information in its next report to enable it to ascertain how the principle of equal remuneration for work of equal value (and not only for equal work, as laid down in article 22 of the Constitution) is applied in practice, and particularly statistical data concerning minimum wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors, and on the activities of the labour inspectorate relating to supervision of the application of the principle of equal remuneration for work of equal value.

3. The Committee notes that the Government is presently conducting a job evaluation exercise in the public service. It would be grateful if the Government would provide information on progress made in this area and on the impact of this evaluation on the implementation of the Convention.

4. The Committee notes the indication that the amendment of section 24(2)(f) of the Factories Act (which empowers the Minister to issue regulations establishing different rates of remuneration for men and women for overtime) is still under consideration. The Committee notes that the Government has been referring to the examination of this amendment since 1989 and trusts that it will be in a position to provide a copy of the amended text with its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information and documents supplied by the Government in response to its previous direct requests.

1. With regard to the practical application of the principle of equal remuneration for work of equal value, the Committee notes that, according to the Government, minimum wages are set by the Government for workers who are not unionized, without any distinction between male and female workers. The Committee requests the Government to indicate how the principle of equal remuneration for work of equal value is applied in respect of wages which are higher than the legal minimum.

2. The Committee notes that the labour inspection services ensure that employers comply with the wages prescribed. The Committee would be grateful if the Government would provide statistical information in its next report to enable it to ascertain how the principle of equal remuneration for work of equal value (and not only for equal work, as laid down in article 22 of the Constitution) is applied in practice, and particularly statistical data concerning minimum wage rates and the average actual earnings of men and of women, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women in the different occupations or sectors, and on the activities of the labour inspectorate relating to supervision of the application of the principle of equal remuneration for work of equal value.

3. The Committee notes that the Government is presently conducting a job evaluation exercise in the public service. It would be grateful if the Government would provide information on progress made in this area and on the impact of this evaluation on the implementation of the Convention.

4. The Committee notes the indication that the amendment of section 24(2)(f) of the Factories Act (which empowers the Minister to issue regulations establishing different rates of remuneration for men and women for overtime) is still under consideration. The Committee notes that the Government has been referring to the examination of this amendment since 1989 and trusts that it will be in a position to provide a copy of the amended text with its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in reply to its previous comments.

1. It notes that no judicial or administrative decisions have been issued concerning the interpretation and application of article 22 of the Constitution which enshrines the principle of equal wages for equal work. The Committee again notes the Government's statement that the principle of equality has been accepted as a matter of custom and practice and that no distinction is made between men and women workers in matters of remuneration. The Committee requests the Government to supply any available information from the labour inspection services which would illustrate how Convention No. 100 is applied in practice, in particular as concerns its requirement that equal remuneration be paid for work of equal value and not only for equal work.

2. The Committee also notes the statement that rates of remuneration are determined through job evaluation and through collective agreements. The Government indicates that efforts are being made to supply a copy of these collective agreements and evaluations. The Committee requests the Government to supply this information with its next report and to provide information on the application of the principle of equality of remuneration for jobs which have not been evaluated and are not in an occupational sector covered by a collective agreement.

3. The Committee notes the indication in the report concerning the efforts being made to bring section 24(2)(f) of the Factories Act, under which the Minister is empowered to issue regulations establishing different rates of remuneration for men and women for overtime, into conformity with the Convention. It requests the Goverment to supply detailed information on the progress achieved in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous comments.

1. It notes that no judicial or administrative decisions have been issued concerning the interpretation and application of article 22 of the Constitution which enshrines the principle of equal wages for equal work. The Committee again notes the Government's statement that the principle of equality has been accepted as a matter of custom and practice and that no distinction is made between men and women workers in matters of remuneration. The Committee requests the Government to supply any available information from the labour inspection services which would illustrate how Convention No. 100 is applied in practice, in particular as concerns its requirement that equal remuneration be paid for work of equal value and not only for equal work.

2. The Committee also notes the statement that rates of remuneration are determined through job evaluation and through collective agreements. The Government indicates that efforts are being made to supply a copy of these collective agreements and evaluations. The Committee requests the Government to supply this information with its next report and to provide information on the application of the principle of equality of remuneration for jobs which have not been evaluated and are not in an occupational sector covered by a collective agreement.

3. The Committee notes the indication in the report concerning the efforts being made to bring section 24(2)(f) of the Factories Act, under which the Minister is empowered to issue regulations establishing different rates of remuneration for men and women for overtime, into conformity with the Convention. It requests the Goverment to supply detailed information on the progress achieved in this respect.