Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

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

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. In follow up to its previous comments in this regard, the Committee takes note of the Government’s indication that: (1) there are no court decisions on the application in practice of section 63(2)(a) and (b) of the Equal Opportunities Act, providing that collective agreements contrary to the Act are void; and (2) there are no collective agreements containing express clauses regarding equal pay for work of equal value. Recalling again that collective agreements can be a useful tool to address the gender pay gap, the Committee asks the Government to take specific measures to raise awareness on the principle of equal remuneration for men and women for work of equal value among workers, employers and their representatives, and to inform them of the benefit of including specific clauses on equal remuneration for men and women for work of equal value in collective agreements. The Committee asks the Government to continue to provide information in this regard.

Minimum wages. Domestic workers. The Committee asked the Government to provide information on any steps towards the inclusion of domestic workers in the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001. The Government reports that it has not been possible to further consider the situation of domestic workers, due to the context of the COVID-19 pandemic and Gibraltar’s departure from the European Union. The Committee also notes that the Government does not provide statistical data on the number of men and women employed as domestic workers. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied and the exclusion of female-dominated groups from the application of minimum wages, and particularly those that are the most vulnerable to wage discrimination, such as domestic workers, could constitute indirect discrimination against women (see General Survey on the fundamental Conventions, 2012, paragraphs 682 and 684). The Committee therefore asks once again the Government to take steps so that domestic workers are included within the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001, and provide information on the results of such measures on the reduction of the gender pay gap. It also requests the Government to provide statistical data on the number of men and women employed as domestic workers, and their respective earnings.

Articles 2 and 4. Promotion and enforcement of the principle of equal remuneration for men and women for work of equal value. Collaboration with workers’ and employers’ organizations. Further to its request, the Committee takes note of the Government’s indication that the Citizens Advice Bureau: (1) collaborates with workers’ and employers’ organizations; (2) engages continuously with the Human Resources Forum which includes human resources managers from both the public and private sectors; and (3) participated in an international conference about equality organized with Citizens Advice International in Gibraltar and delivered presentations at Comprehensive school level, for the Royal Gibraltar Police, for Gibraltar Health Authorities employees, as well as for other governmental agencies and non-governmental entities. The Committee notes however that the Government does not provide specific details on its collaboration with workers’ and employers’ organizations, nor on the measures taken to train labour inspectors and judges to address issues related to the application of the Convention. On this point, the Committee also notes that the Government reports once again that it could not identify any administrative or judicial decisions on the application of the principle of equal remuneration for work of equal value. Lastly, the Committee takes note of the Government’s indication that no comments were received from the public following the consultation paper on the establishment of an Equal Opportunities Commission that has not yet occurred. This matter is still under review and the responsibility for the promotion of equal treatment remains with the Citizens Advice Bureau. The Committee asks the Government to provide information on the activities of the Citizens Advice Bureau regarding specifically the promotion and application of the principle of equal remuneration for men and women for work of equal value, in particular detailed information on the nature and extent of its collaboration with workers’ and employers’ organizations on this matter. The Committee also asks the Government to take measures and to provide specific information on the actions taken to enhance the capacity of labour inspectors, judges and other public officials to identify and address issues regarding equal remuneration from men and women for work of equal value. Lastly, it asks the Government to provide information on any development regarding the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act.

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

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap. The Committee takes note of the statistical data from the Employment Survey for 2019 provided by the Government further to its request. It also notes the data from the Employment Survey for 2020, which continue to show an important gender pay gap and persistent horizontal and vertical occupational gender segregation. In October 2020, the average gross annual earnings for monthly-paid full-time employment was £41,936.98 for men and £33,741.18 for women (with an annual gender pay gap around 19.5 per cent). At the same date, the average monthly earnings for the same type of work was £3,430.41 for men employees and £2,813 for women employees (with a monthly gender pay gap around 18 per cent). Similarly, the average annual earnings for weekly-paid full-time employees was £23,032.85 for men and £18,134.93 for women. For part-time work, the average monthly earnings in respect of monthly-paid adult male employees was £1,393.27 against £1,295.46 for women employees. The survey also shows significant occupational gender segregation, with women being predominantly represented in the sectors of health and social work (1,839 women for 861 men), financial intermediation (1,004 women for 886 men), and education (775 women for 219 men), and underrepresented in the occupations of managers and senior officials (1,369 women for 2,952 men), professional (915 women for 1,190 men), and associate professional and technical (1,144 women for 2,190 men).

On the measures adopted to address the gender remuneration gap, the Committee notes the Government’s indication that on 8 March 2017, the Minister of Equality had announced the creation of a Working Group to examine the issue of whether there is a pay gap issue between men and women in Gibraltar. However, the COVID-19 pandemic and Gibraltar’s departure from the European Union have delayed the implementation of such decision and continue to delay many initiatives. The Government further reports that the Minister for Equality participated in a high-level meeting organised in Iceland by the Equal Pay International Coalition (EPIC) and has provided training on “unconscious bias in the workplace and its effect on women” for both the public and private sectors. It further adds that two cycles of the Women’s Mentorship Programmes have been completed and a third is due to commence in the autumn of 2021; and that more women are applying for vacancies within the emergency services and for senior positions. The Government is also encouraging women and girls to take up STEM (science, technology, engineering, and maths) subjects in school. Lastly, the Government reports that the Ministry of Equality has met with the Equalities Committee of the workers’ organization in Gibraltar to establish a working relationship for the discussion of any equality issue which may affect any member; and collaborates actively with the unions to address grievances within the public sector. Noting the persistent and significant gender pay gap and occupational gender segregation, the Committee asks the Government to intensify its efforts to enforce the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to adopt targeted measures to reduce the gender pay gap in both the private and public sectors and promote women’s access to higher pay jobs. The Committee asks the Government to provide information on the measures taken, including the creation of the working group previously announced, and their results, and continue to provide detailed statistics on the respective earnings of men and women.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value beyond the same employer. Legislation. In its last comment, the Committee requested the Government to provide updated information on any revision of section 31 of the Equal Opportunities Act, 2006, initiated in order to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the same or an associated employer and specific information regarding the application of section 31 of the Act in practice. The Committee notes that the Government indicates being committed to considering any necessary reforms of section 31 of the Equal Opportunities Act but has been unable to address this issue at this stage, due to the substantial workload created by its departure from the European Union and the COVID-19 pandemic. The Committee also notes the indication of the Government that it is not aware of any local administrative or judicial decision relating to equal remuneration for men and women for work of equal value. Recalling that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational gender segregation, the Committee reiterates its request to consider reviewing section 31 of the Equal Opportunities Act, 2006, to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the “same” or an “associated” employer. The Committee also asks the Government to continue to provide information on the practical application of section 31 of the Act relating to equal pay, and to provide information on any measures adopted to ensure that workers can avail themselves in practice of their right to equal remuneration for work of equal value.

Articles 2 and 3. Application of the principle in the public sector. With respect to the criteria used to determine the classification of jobs and the applicable salary scales in the public sector, the Government indicates that the salary scales applicable in the public sector are set by grade and not by gender and are historically derived from the civil service pay scales of the United Kingdom. The Committee observes that according to the Employment Survey for 2020, the differences in remuneration in the public sector remain prevalent with an average monthly earning of £4,605.29 for full-time men employees against £3,394.14 for full-time women employees (average gender pay gap: 27 per cent). The Committee once again recalls that despite the existence of salary scales applicable to all public officials, without discrimination on the ground of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (General Survey on the fundamental Conventions, 2012, paragraphs 700–703). The Committee therefore asks the Government to take the necessary steps to identify and address efficiently the gender pay gaps in the public sector, in particular to consider the revision of salary scales based on objective criteria that are free from gender bias, such as skills, efforts, responsibilities and conditions of work. It also asks the Government to adopt measures to address horizontal and vertical occupational gender segregation in the public sector and, specifically, to improve the access of women to higher ranking and better paid positions, through training or other means. The Committee asks the Government to provide detailed information on the measures taken and the results achieved on the reduction and elimination of the gender pay gap in the public sector.

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

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

Article 2 of the Convention. Application of the principle by collective agreements. The Committee previously referred to section 63(2)(a) and (b) of the Equal Opportunities Act, 2006, which renders void terms of collective agreements which are unlawful by virtue of the Act. It notes the Government’s indication, in its report, that this provision has never been invoked by any party to a collective agreement. The Government adds that there is currently no collective agreement which contains a clause on equal remuneration for men and women for work of equal value. In order to enable the Committee to assess the application in practice of section 63(2)(a) and (b) of the Equal Opportunities Act, the Committee requests the Government to provide information on any future court decisions applying this provision. Recalling that examining collective agreements from the perspective of equal remuneration between men and women for work of equal value can be a useful first step towards addressing the gender pay gap through the collective bargaining process, the Committee encourages the Government to take specific measures to raise awareness of the equal remuneration provisions among workers, employers and their representatives. It also requests the Government to provide a copy of any collective agreements that contain specific clauses regarding equal remuneration for men and women for work of equal value.

Minimum wages. Domestic workers. The Committee previously noted that section 3(2)(c) of the Conditions of Employment (Standard Minimum Wage) Order, 2001, as amended in 2014, appears to continue to exclude domestic workers. It takes note of the Government’s commitment to consider reviewing the legislation so as to include domestic workers in the scope of the Order. Recalling that domestic work is usually characterized by a high proportion of women and particularly low wages, the Committee requests the Government to provide information on any revision process of the Conditions of Employment (Standard Minimum Wage) Order, 2001, initiated in order to include domestic workers in the scope of the Order. Taking note of the Government’s indication that statistical data on the number of men and women employed as domestic workers will be provided in due course, the Committee hopes that the Government will soon be in a position to provide updated information on the number of men and women employed as domestic workers, as well as on their respective earnings.

Promotion and enforcement of the principle of the Convention. Referring to its previous comments on the activities of the Gibraltar Citizens Advice Bureau (CAB), which is responsible for promoting and raising awareness on equal treatment, the Committee notes the Government’s general indication that CAB is collaborating with workers’ and employers’ organizations. It further notes that a Consultation Paper on the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act, 2006, was published on 12 October 2015 by the Government and remained open to public comments during two weeks. The Committee requests the Government to provide detailed information on any activities carried out by the Citizens Advice Bureau concerning specifically the principle of the Convention, indicating how it collaborates with workers’ and employers’ organizations in this regard by providing examples of such collaboration. Noting the absence of judicial or administrative decisions and violations detected or reported on the implementation of the principle of the Convention, the Committee requests the Government to provide information on the measures taken to enhance the capacity of the labour inspectors, judges and other public officials, to identify and address issues regarding equal remuneration for work of equal value, and to provide detailed information in this regard. It also requests the Government to provide information on the outcomes of the Consultation Paper published in 2015 on the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act, as well as on any progress made in this regard.

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

Articles 1 and 2 of the Convention. Assessing and addressing the gender remuneration gap. The Committee notes, from the 2017 Employment Survey Report published by the Statistics Office, that the gender pay gap continued to decrease but still remains significant. Based on average monthly earnings for full-time employees, the gender pay gap decreased from 26 per cent in 2013 to 22.5 per cent in 2017, being higher in the public sector than in the private sector (28.9 per cent and 25.1 per cent respectively, excluding the Ministry of Defence). With respect to average weekly earnings for full-time employees, the gap decreased from 32 per cent in 2013 to 29.5 per cent in 2017. The Committee however notes that the percentage of women in the three lowest annual earning brackets (less than £10,000) is over double that of men and inversely the percentage of men in the three highest annual earning brackets (above £40,000) is almost double that of women. It further notes from the Employment Survey Report the persistent vertical and horizontal occupational gender segregation, as women still represent 69 per cent of the administrative and secretarial workforce while they represent only 29 per cent of the managers and senior officials employed on a full-time basis, for whom the gender pay gap is particularly high (29.8 per cent). It notes that monthly earnings of men are higher than those of women in all occupational categories, except in the process, plant and machine operatives, which employed only 0.2 per cent of the total number of women at national level. It also notes that average monthly earnings of men are higher than those of women in almost all industrial sectors (with the exception of two sectors employing a very low number of women), the pay gap being particularly high in sectors where most women were employed, such as financial intermediation, where the gender pay gap was 45.3 per cent in 2017, and health and social work, where it was 33.3 per cent. The Committee notes that a working group to look at the gender pay gap was set up in March 2017 within the Ministry for Equality and that, as a result, the Government recently acknowledged the existence of a gender pay gap. The Committee notes that, in September and October 2018, a training session was organized with employers from the private sector on “Gender Diversity and Inclusion” in order to analyse and explore the effects of unconscious bias in the workplace and its impact on women, and a “Women’s Mentorship Programme” was launched by the Government to promote better representation of women in senior positions. Taking into consideration the significant gender pay gap as well as the persistent vertical and horizontal occupational gender segregation, the Committee hopes that the Government will continue its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap, both in the public and private sectors, by identifying and addressing the underlying causes of earnings differentials and by promoting women’s access to a wider range of jobs with career prospects and higher pay, including in the framework of the Women’s Mentorship Programme and other activities undertaken to explore the impact of unconscious gender bias in the workplace. The Committee also requests the Government to continue to provide detailed statistics on the earnings of men and women and on the gender remuneration gap, in all sectors of the economy. Finally, it requests the Government to regularly evaluate the effectiveness of the measures taken to address the gender remuneration gap.

Legislation. The Committee previously noted that section 31 of the Equal Opportunities Act, 2006, allows men and women to bring equal pay claims against their employers using comparators employed by the same employer or by any “associated employer” in Gibraltar. It also recalled that the application of the Convention’s principle allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. The Committee notes the Government’s statement, in its report, that it is committed to considering any necessary reform of section 31 of the Equal Opportunities Act to this end. Recalling that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation in the country, the Committee requests the Government to provide updated information on any revision of section 31 of the Equal Opportunities Act initiated in order to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the same or associated employer. In the meantime, it again requests the Government to provide specific information regarding the application in practice of section 31 of the Act, including any administrative or judicial decisions relating to equal remuneration for men and women for work of equal value.

Articles 2 and 3. Application of the principle in the public sector. The Committee notes the Government’s indication that no specific job evaluation was undertaken in the public sector with regard to the principle of the Convention. The Government reiterates that the public sector has specific salary scales and job descriptions which apply irrespective of gender and therefore apply the principle of equal remuneration for men and women for work of equal value. Noting that the highest gender pay gap was identified in the public sector (28.9 per cent in 2017), the Committee once again recalls that despite the existence of salary scales applicable to all public officials, without discrimination on the ground of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (see 2012 General Survey on the fundamental Conventions, paragraphs 700–703). Recalling the Government’s obligation to ensure the full application of the principle of equal remuneration for men and women for work of equal value to its own employees, the Committee requests the Government to provide information on the criteria used to determine the classification of jobs and the applicable salary scales in the public sector, and to indicate how it is ensured that the criteria used are free from gender bias and that men and women in the public sector have access to all additional payments on an equal footing. In light of the substantial gender pay gap identified in the public service, the Committee requests the Government to provide information on the distribution of men and women in the various occupations and positions in the public sector, to identify where wage gaps exist and to take the necessary steps to eliminate any wage gaps revealed. It also requests the Government to provide information on any measures taken to improve the access of women to higher ranking and better paid positions in the public sector, and the results achieved.

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

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

Article 2 of the Convention. Application of the principle by collective agreements. Recalling section 63(2)(a) and (b) of the Equal Opportunities Act, 2006, which renders void terms of collective agreements which are unlawful by virtue of the Act, the Committee requests the Government to provide information on the application in practice of these provisions. The Committee also requests the Government to provide copies of collective agreements that contain specific clauses regarding equal remuneration for men and women for work of equal value.

Minimum wage. The Committee recalls that as women predominate in low-wage employment, and 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 on the fundamental Conventions, 2012, paragraphs 682–685). The Committee notes that the Conditions of Employment (Standard Minimum Wage) Order, 2001, as amended in 2014, appears to continue to exclude domestic workers (section 3(2)(c)). The Committee requests the Government to consider reviewing the legislation to include domestic workers in the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001 and to provide information on the number of men and women employed as domestic workers and their respective earnings.

Promotion and enforcement of the principle. The Committee notes the Government’s indication that the Gibraltar Citizens Advice Bureau is the body responsible for the promotion of equal treatment and that it organizes seminars, conferences and distributes relevant information. The Committee requests the Government to provide detailed information on the activities carried out by the Citizens Advice Bureau concerning specifically the principle of the Convention, indicating whether, and how, it collaborates with workers’ and employers’ organizations in this regard. The Committee also requests the Government to provide information on the measures taken to enhance the capacity of the labour inspectors, judges and other public officials, to identify and address issues regarding equal remuneration for work of equal value, and to provide detailed information in this regard. Please also provide information on the progress made in appointing an Equal Opportunities Commission as provided for under section 79 of the Equal Opportunities Act, 2006.

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

Articles 1 and 2 of the Convention. Assessing and addressing the gender remuneration gap. The Committee notes from the Employment Survey Report 2013 published by the Statistics Office that the gender pay gap slightly decreased but remains significant. Based on average monthly earnings for full-time employees, the gender pay gap decreased from 27 per cent in 2009, to 26 per cent in 2013. With respect to average weekly earnings for full-time employees, the gap decreased from 33 per cent in 2009, to 32 per cent in 2013. The Committee notes from the Employment Survey Report the persistent vertical and horizontal occupational gender segregation which exists in Gibraltar where, for example, in 2013, women represented only 26 per cent of the managers and senior officials employed on a full-time basis while they represented 69 per cent of the administrative and secretarial workforce. The Committee also notes from the Government’s report that the Ministry for Enterprise, Training and Employment set up a Research Department, tasked with the production of detailed statistics on the composition of the workforce, by age, gender and skills and by economic sector. The Committee requests the Government to take the necessary measures to address the persistent gender remuneration gap, including measures promoting women’s access to a wider range of jobs with career prospects and higher pay, and to provide information on any measures taken in this regard. The Committee also asks the Government to provide detailed statistics, disaggregated by sex on the earnings of men and women and on the gender remuneration gap, in all sectors of the economy, as well as any study undertaken by the Research Department identifying the underlying causes of such gap.

Legislation. The Committee notes that section 31 of the Equal Opportunities Act, 2006, allows men and women to bring equal pay claims against their employers using comparators employed by the same employer or by any “associated employer” in Gibraltar. The Committee recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or with the same or associated employer. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. Ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation in the country (see General Survey on the fundamental Conventions, 2012, paragraphs 697–699). The Committee requests the Government to consider reviewing section 31 of the Equal Opportunities Act, 2006, to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the same or associated employer. In the meantime, the Committee once again requests the Government to provide specific information regarding the application in practice of section 31 of the Act, including any administrative or judicial decisions relating to equal remuneration for men and women for work of equal value.

Articles 2 and 3. Application of the principle in the public sector. The Committee notes the Government’s indication that the public sector has specific salary scales and job descriptions which apply irrespective of gender and therefore apply the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee wishes to draw the Government’s attention to the fact that the adoption and application of wage scales without distinction based on sex in the public service is not sufficient to exclude any gender discrimination in relation to remuneration. Indeed, such discrimination may have its roots in the criteria used for the classification of jobs and the establishment of the wage scales, including the under-evaluation of the work performed mainly by women, or may come from inequalities resulting from the provision of certain accessory benefits (bonuses, indemnities, allowances, etc.) to which men and women do not have access on an equal footing by law or in practice. In the light of the above, the Committee requests the Government to indicate the manner in which it ensures the application of the principle of equal remuneration (basic wages and additional emoluments) between men and women for work of equal value, with an indication of whether any objective job evaluations have already been undertaken or are envisaged in the public service.

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

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

Gender remuneration gap. The Committee notes from the Employment Survey Report published by the Statistics Office that the gender remuneration gap for 2009, based on average monthly earnings for full-time jobs was 27 per cent. Based on average weekly earnings for full-time employees, the gap increases to 33 per cent. The Committee notes that in some industries the gap is particularly high (based on average monthly earnings for full-time jobs), including in financial intermediation (46.4 per cent) and health and social work (40 per cent), and in occupations such as managers and senior officials (29 per cent). Noting the wide gender remuneration gap, and that the Government provides no information in this regard in response to its previous request, the Committee urges the Government to take measures to analyse and address the causes of the gender remuneration gap, including studies and surveys, and to provide detailed information in this regard. Please also continue to provide information on the earnings of men and women in the various industries and occupations, in both the public and private sectors.

Article 1 of the Convention. The Committee noted previously the provisions of the Equal Opportunities Act, 2006, related to equal remuneration for work of equal value, and asked for information on the implementation and enforcement thereof. The Committee notes the Government’s indication that there have been no relevant court cases or violations detected regarding the principle of the Convention. The Committee once again asks the Government to provide specific information regarding the practical implementation and enforcement of section 31 of the Equal Opportunities Act. Noting the absence of cases and violations detected or reported, the Committee asks the Government to take specific measures to promote awareness of the equal remuneration provisions and the dispute resolution procedures available, among workers, employers and their representatives, as well as government officials. Please provide specific information on the measures taken to enhance the capacity of the responsible authorities, including judges, labour inspectors and other public officials, to identify and address issues concerning section 31 of the Equal Opportunities Act.

Article 2. Collective agreements, minimum wages. The Committee recalls that, pursuant to section 63(2)(a) and (b) of the Equal Opportunities Act, terms contained in a collective agreement or any rule made by an employer are void where “the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Act” or “the term or rule is included or made in furtherance of an act which is unlawful by virtue of this Act”. Noting that the Government provides no information in response to its previous request, the Committee once again asks the Government to indicate whether section 63 renders void terms of collective agreements or terms or rules of undertakings that violate the right to equal remuneration for men and women for work of equal value. The Committee would also welcome receiving copies of collective agreements that contain specific clauses regarding equal remuneration for work of equal value. Noting that the Conditions of Employment (Standard Minimum Wage) Order, 2001, as amended in 2008, excludes domestic workers, the Committee asks the Government to provide information on the number of men and women employed as domestic workers, and how it is ensured that the work of these workers is not undervalued.

Article 3. Objective job evaluation. The Committee notes that the Government has provided no information regarding the promotion and use of methods for the objective evaluation of jobs, as previously requested. Noting that the Equal Opportunities Act refers to notions of “work rated as equivalent” and “work of equal value”, the Committee asks the Government to take measures to promote the development and use of objective job evaluation methods, and draws the Government’s attention to its 2006 general observation in this regard.

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

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that the Equal Opportunities Act, 2006, entered into force on 1 March 2007. Section 31 provides for equal pay for men and women for like work, equivalent work, or work which is in terms of the demands (for instance under such headings as effort, skill and decision) of equal value. The Committee notes with interest that the provision explicitly incorporates the notion of work of equal value and that pay is defined broadly (section 31(6)(a)), in accordance with the Convention. The Committee asks the Government to provide information on the implementation and enforcement of section 31 of the Equal Opportunities Act, including information on any cases brought before the courts and their outcomes. It also asks the Government to indicate measures taken to promote awareness of the Act’s equal pay provisions.

The Committee recalls that the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the level of the enterprise or undertaking. In this regard, the Committee notes that section 31 allows men and women to bring equal pay claims against their employers using comparators employed by the same employer or by any associated employer in Gibraltar in which common terms and conditions of employment are observed either generally or for employees of the relevant classes. Two employers are considered to be associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person has (directly or indirectly) control. In addition, the Committee notes that under section 63 of the Act, terms contained in a collective agreement or any rule made by an employer are void where “the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Act” or “the term or rule is included or made in furtherance of an act which is unlawful by virtue of this Act” (section 63(2)(a) and (b)). The Committee asks the Government to indicate whether section 63 renders void terms of collective agreements or terms or rules of undertakings that violate the right to equal remuneration for men and women for work of equal value.

Assessment of the gender pay gap. The Committee notes from the Employment Survey Report published by the Statistics Office in March 2008 that the gender wage gap for October 2007 (average monthly earnings for full-time work) was as wide as 31 per cent. The gender pay gap was wider in the private sector (33.3 per cent) than in the public sector (26.7 per cent). As regards the different industries, the gender pay gap was particularly wide in “financial intermediation” (47.6 per cent). The Committee asks the Government to provide updated information on the earnings of women and men that would allow the Committee to assess the progress made in closing the wide gender pay gap. In this regard, the Committee also asks the Government to provide detailed information on the measures taken to analyse and correct the causes of the continuing income gap between men and women and the results achieved by such measures.

Article 3. Objective job evaluation. Noting that the Equal Opportunities Act’s equal pay provisions refers to the notions of “work rated as equivalent” and “work of equal value” in terms of the demands made on the employee, the Committee asks the Government to provide information on any measures taken or envisaged to promote the development and use of methods for the objective evaluation of jobs, in accordance with Article 3 of the Convention.

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

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

Articles 1 and 2 of the Convention. Legislative developments. The Committee notes that the Equal Opportunities Act, 2006, entered into force on 1 March 2007. Section 31 provides for equal pay for men and women for like work, equivalent work, or work which is in terms of the demands (for instance under such headings as effort, skill and decision) of equal value. The Committee notes with interest that the provision explicitly incorporates the notion of work of equal value and that pay is defined broadly (section 31(6)(a)), in accordance with the Convention. The Committee asks the Government to provide information on the implementation and enforcement of section 31 of the Equal Opportunities Act, including information on any cases brought before the courts and their outcomes. It also asks the Government to indicate measures taken to promote awareness of the Act’s equal pay provisions.

The Committee recalls that the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the level of the enterprise or undertaking. In this regard, the Committee notes that section 31 allows men and women to bring equal pay claims against their employers using comparators employed by the same employer or by any associated employer in Gibraltar in which common terms and conditions of employment are observed either generally or for employees of the relevant classes. Two employers are considered to be associated if one is a company of which the other (directly or indirectly) has control, or if both are companies of which a third person has (directly or indirectly) control. In addition, the Committee notes that under section 63 of the Act, terms contained in a collective agreement or any rule made by an employer are void where “the making of the collective agreement is, by reason of the inclusion of the term, unlawful by virtue of this Act” or “the term or rule is included or made in furtherance of an act which is unlawful by virtue of this Act” (section 63(2)(a) and (b)). The Committee asks the Government to indicate whether section 63 renders void terms of collective agreements or terms or rules of undertakings that violate the right to equal remuneration for men and women for work of equal value.

Assessment of the gender pay gap. The Committee notes from the Employment Survey Report published by the Statistics Office in March 2008 that the gender wage gap for October 2007 (average monthly earnings for full-time work) was as wide as 31 per cent. The gender pay gap was wider in the private sector (33.3 per cent) than in the public sector (26.7 per cent). As regards the different industries, the gender pay gap was particularly wide in “financial intermediation” (47.6 per cent). The Committee asks the Government to provide updated information on the earnings of women and men that would allow the Committee to assess the progress made in closing the wide gender pay gap. In this regard, the Committee also asks the Government to provide detailed information on the measures taken to analyse and correct the causes of the continuing income gap between men and women and the results achieved by such measures.

Article 3. Objective job evaluation. Noting that the Equal Opportunities Act’s equal pay provisions refers to the notions of “work rated as equivalent” and “work of equal value” in terms of the demands made on the employee, the Committee asks the Government to provide information on any measures taken or envisaged to promote the development and use of methods for the objective evaluation of jobs, in accordance with Article 3 of the Convention.

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

1. Pay differentials between men and women. The Committee previously noted from the figures in the Employment Survey of 2002 that there was hardly any industry where the average earnings of monthly paid full-time work for women was equivalent to or higher than men’s; nor were there any occupations in which women earned the same as men, in either the public or private sector. Substantial pay differentials (16 per cent) also existed in the wholesale and retail industry, and between Moroccan and Spanish women and men in monthly paid full-time employment (up to 30 per cent less).

2. In addition, the Committee noted greater discrepancies between the earnings of male and female managers or senior officials as well as administrative and secretarial employees working full time and paid on a monthly basis and those paid on a weekly basis. Monthly paid female managers and senior officials and administrative and secretarial employees were paid on average 29 and 20 per cent less than their male counterparts respectively; for weekly paid managers and senior officials and administrative and secretarial employees, the pay differential was 18 and 10 per cent respectively for the same occupations. These differentials in weekly earnings even continued to exist despite the small differences in hours of work. In the absence of any information in the Government’s report on the abovementioned situation, the Committee asks the Government to provide information, in its next report:

(a)   on the measures taken to analyze and correct the causes of the continuing income gap between men and women and to report on the results achieved.

(b)   explaining why the differences in weekly and monthly payments impact negatively on the earnings of women, particularly those working as managers and senior officials as well as administrative and secretarial employees.

(c)   on what is generally being done to address the wage differentials between men and women, including the promotion of women into higher paid positions.

3. Article 3. Job evaluation. The Committee must reiterate its request for information relating to the establishment of systems for comparative job evaluation or any other action taken to re-evaluate the remuneration levels of jobs in which women predominate to remove the direct or systematic sex bias in the calculation or methods of wage fixing.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Part III of the report form. Practical application. The Committee notes from the 2002 Employment Survey that although average monthly earnings for women in full-time work have again increased at a greater rate than those for men between October 2001 and 2002, increasing by 2.1 per cent compared with 1.6 per cent for men, the pay differential between men and women remains substantial. In April 1998, men earned on average £382.68 per month more than women, whereas in October 2002, they earned on average £602.74 per month more than women. The Committee notes that in fact there is not a single industry where the average earnings of monthly paid full-time work for women is equivalent to or higher than men’s earnings. Nor are there any occupations in which women earn the same as men, in either the public or private sector. The only exceptions to this situation are weekly paid part-time work, where women managers and senior officials earn 9 per cent more than men, and women administrative and secretarial employees earn 22 per cent more than men. However, women in the wholesale and retail industry, which employs the largest proportion of weekly paid female part-time workers (over 35 per cent) earn 16 per cent less than the average earnings of part-time working men. The Committee also notes that Moroccan and Spanish women in monthly paid full-time employment earn significantly less than men of the same nationality (up to 30 per cent less).

2. The Committee notes that there appear to be greater discrepancies between the earnings of men and women working full time and paid on a monthly basis than those employed full time but paid on a weekly basis. The statistics indicate that monthly paid full-time female managers and senior officials are on average paid 29 per cent less than male monthly paid managers and senior officials, whereas those in weekly paid equivalent occupations are paid 18 per cent less than men. Also, monthly paid full-time female administrative and secretarial employees are paid 20 per cent less than men in the same occupation whereas those in weekly paid equivalent positions are paid 10 per cent less than men. The Committee asks the Government to provide further information explaining why the different payment schedules impact negatively on the earnings of women.

3. The Government has previously indicated that the lack of parity between the average wage earned by men and women in full-time employment is due in the main to the fact that men predominate in the better paid positions and work longer hours. However, the Committee notes that 5 per cent of both women and men are in weekly paid full-time work as managers or senior officials. Whereas men working as managers or senior officials earn on average weekly earnings of £343.41 for average weekly hours of 40.9, women earn only £272.81 for average weekly hours of 39.6. Accounting for the small difference in hours worked, women are still earning 18 per cent less than men in the same occupation. Similarly, in weekly paid full-time administrative and secretarial work, men are paid on average 10 per cent more than women even accounting for the extra three hours on average worked overtime.

4. Article 2 of the Convention. Measures to promote equal remuneration. In light of the above, the Committee hopes the Government will be in a position to analyse and try to correct the causes of the continuing income gap between men and women and to promote women’s access to higher paid positions. The Government is asked to provide information on all measures taken towards this end and the results of such action.

5. Article 3. Job appraisals. The Committee also reiterates its request for information relating to the establishment of systems for comparative job evaluation or any other action taken to re-evaluate the remuneration levels of jobs in which women predominate to remove the direct or systematic sex bias in the calculation or methods of wage fixing.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. The Committee notes with interest from the Employment Survey 1998, published by the Government of Gibraltar, that average monthly earnings for men in full-time work increased by £24.73 between April 1997 and April 1998, while women’s average monthly earnings for full-time work increased by £44 for the same period. The monthly average earnings for full-time women workers were £1,216.80 in April 1998, while full-time male workers earned a monthly average wage of £1,599.48, with men thus earning on average £382.68 more than women per month. Out of a total of 1,509 part-time workers, 76.21 per cent were women workers. The Committee would be grateful if the Government would continue to provide the data available, in surveys, reports or other documents, on the participation of male and female workers by category and sector of employment, and in the labour market as a whole, as well as data on the hours worked by male and female workers. The Committee also asks the Government to report on the measures taken or envisaged to continue to promote the application of the Convention, including measures to promote and facilitate access by women workers to positions offering higher levels of remuneration, where they continue to remain underrepresented.

2. The Committee reiterates its request to the Government to transmit any information relating to the establishment of systems for comparative job evaluation.

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

The Committee notes the information contained in the Government’s report and the detailed statistical information attached.

1. The Committee notes with interest from the Employment Survey 1998, published by the Government of Gibraltar, that average monthly earnings for men in full-time work increased by £24.73 between April 1997 and April 1998, while women’s average monthly earnings for full-time work increased by £44 for the same period. The monthly average earnings for full-time women workers were £1,216.80 in April 1998, while full-time male workers earned a monthly average wage of £1,599.48, with men thus earning on average £382.68 more than women per month. Out of a total of 1,509 part-time workers, 76.21 per cent were women workers. The Committee would be grateful if the Government would continue to provide the data available, in surveys, reports or other documents, on the participation of male and female workers by category and sector of employment, and in the labour market as a whole, as well as data on the hours worked by male and female workers. The Committee also asks the Government to report on the measures taken or envisaged to continue to promote the application of the Convention, including measures to promote and facilitate access by women workers to positions offering higher levels of remuneration, where they continue to remain underrepresented.

2. The Committee reiterates its request to the Government to transmit any information relating to the establishment of systems for comparative job evaluation.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

1.  The Committee notes that in response to its question regarding the measures taken to ensure that payments made above the minimum wage fixed by collective agreements are paid in accordance with the Convention, the Government indicates that the 1994 Employment Regulations require the registration of the "Notice of the Terms of Engagement" in respect of any employee commencing employment with an employer registered in Gibraltar. The Employment and Training Unit, responsible for registrations, is able to verify compliance with the Convention of remunerations. The Committee also notes compliance with the Convention of sections 52(a)-52(g) of the Employment and Training Ordinance, which incorporate into national legislation European Community Council Directives Nos. 76/207 of 9 February 1976 on the principle of equal treatment and 75/117 of 10 February 1975 on the principle of equal pay. In particular and from a legal perspective, the Committee notes that under these provisions any person who considers him/herself victim of an act which violates the principle of equal remuneration may lodge a complaint with the Industrial Tribunal. Similarly, the Committee notes the powers vested in labour inspectors to ensure application of the legislation in force. The Committee would be grateful if the Government would provide details of any complaints lodged with the Industrial Tribunal or violations observed which have been based on these provisions and the subsequent decisions handed down.

2.  The Committee notes the Government’s statement to the effect that the lack of parity between the average wage earned by men and women in full-time employment is due, in the main, to the fact that men predominate in the better paid positions, and work longer hours. The Committee would be grateful if the Government would transmit the data available, in surveys, reports or other such documents, on the participation of male and female workers according to category and sector of employment and in the labour market as well as data on the hours worked by male and female workers. The Committee also requests the Government to continue to provide statistics on salaries and wages paid to male and female workers in the private and public sectors and to report on the measures taken or envisaged to promote and facilitate access by female workers to positions offering higher levels of remuneration, where they continue to remain unrepresented. In this regard, the Committee requests the Government to refer to its 1998 general observation on this Convention.

3.  Finally, the Committee requests the Government to transmit any information relating to the establishment of systems for comparative job evaluation.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes that in response to its question regarding the measures taken to ensure that payments made above the minimum wage fixed by collective agreements are paid in accordance with the Convention, the Government indicates that the 1994 Employment Regulations require the registration of the "Notice of the Terms of Engagement" in respect of any employee commencing employment with an employer registered in Gibraltar. The Employment and Training Unit, responsible for registrations, is able to verify compliance with the Convention of remunerations. The Committee also notes compliance with the Convention of sections 52(a)-52(g) of the Employment and Training Ordinance, which incorporate into national legislation European Community Council Directives Nos. 76/207 of 9 February 1976 on the principle of equal treatment and 75/117 of 10 February 1975 on the principle of equal pay. In particular and from a legal perspective, the Committee notes that under these provisions any person who considers him/herself victim of an act which violates the principle of equal remuneration may lodge a complaint with the Industrial Tribunal. Similarly, the Committee notes the powers vested in labour inspectors to ensure application of the legislation in force. The Committee would be grateful if the Government would provide details of any complaints lodged with the Industrial Tribunal or violations observed which have been based on these provisions and the subsequent decisions handed down.

2. The Committee notes the Government's statement to the effect that the lack of parity between the average wage earned by men and women in full-time employment is due, in the main, to the fact that men predominate in the better paid positions, and work longer hours. The Committee would be grateful if the Government would transmit the data available, in surveys, reports or other such documents, on the participation of male and female workers according to category and sector of employment and in the labour market as well as data on the hours worked by male and female workers. The Committee also requests the Government to continue to provide statistics on salaries and wages paid to male and female workers in the private and public sectors and to report on the measures taken or envisaged to promote and facilitate access by female workers to positions offering higher levels of remuneration, where they continue to remain unrepresented. In this regard, the Committee requests the Government to refer to its 1998 general observation on this Convention.

3. Finally, the Committee requests the Government to transmit any information relating to the establishment of systems for comparative job evaluation.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information contained in the Government's report and the attached job classifications and salary scales applying in the public service.

1. The Committee notes the explanations concerning the application of the equal remuneration provision (section 52c) of the Employment (Amendment) Ordinance 1989. In this regard, it notes that the provision is applied also through collective agreements, negotiated annually for the private and public sectors. Please indicate the measures taken to ensure that payments made above the minimum wage rates fixed by collective agreements are paid in accordance with the Convention. The Committee would be grateful if the Government would furnish samples of some collective agreements applying in the public sector, which were unfortunately not received with the report.

2. The Committee notes from the 1994 Abstract of Statistics, published by the Government of Gibraltar, that as at April 1994, men's average earnings for full-time work exceeded women's by some 40.6 per cent. Please indicate, if possible, the reasons for the wage gap, particularly in the private sector where the wage gap was of the order of 44.4 per cent at that time.

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

The Committee notes that the Government's report contains no information in response to the Committee's previous request.

The Committee would be grateful if the Government would supply information on: (i) the practical measures taken to apply section 52(c) of the Employment (Amendment) Ordinance 1989 in the public and private sectors of employment; (ii) the wage differential between men and women; (iii) the measures taken in cooperation with the employers' and workers' organizations to give effect to the Convention; and (iv) samples of collective agreements and public service job classifications and wage scales.

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

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

1. The Committee requests the Government to provide in its next report information concerning the way in which the Equal Pay Ordinance 1975, as supplemented by the provisions of the Employment Ordinance (Part VA), applies in practice, indicating in particular: (i) the measures being taken or envisaged to verify and ensure that the principle of equal pay for work of equal value is being applied to remuneration actually paid above the legal minimum in all sectors of activity; (ii) the extent of the differential in the wage rates paid to women and men, together with information on any progress made towards reducing that differential in recent years; and (iii) the measures being taken or contemplated in cooperation with the employers' and workers' organisations to give effect to the provisions of the Convention.

2. The Committee also requests the Government to supply copies of collective agreements fixing rates of remuneration for occupations in which substantial numbers of women are employed and to furnish copies of wage scales and job classifications in force in the public sector.

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

With reference to its observation, the Committee requests the Government to supply information on the effect given in practice to Ordinance No. 23 of 10 August 1989, particularly as regards any complaints laid before an Industrial Tribunal in this connection. It also requests the Government to supply copies of any amendment or provide any information concerning the establishment of a procedure for the comparative evaluation of jobs.

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

The Committee notes with satisfaction the adoption of the Employment (Amendment) Ordinance No. 23 of 10 August 1989. The Committee notes that the purpose of this amendment is to give effect at the legislative level to the European Community Council Directives on the principle of equal treatment (the Directive of 9 February 1976) and of equal pay for men and women (the Directive of 10 February 1975).

Other points are raised in a request that is being addressed directly to the Government.