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

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

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

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

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

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

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 2 of the Convention. Work of equal value. Legislative developments. In reply to the Committee request for information on the adoption of the proposed amendments to the revised Employment Act of 1995, the Government indicates in its report that the adoption of the Bill is being delayed. However, the Employment Bill 2016, explicitly provides for equal remuneration for men and women for work of equal value under section 48.(1): “all workers performing work which is the same, or broadly similar or different but of equal value in terms of demand such as effort, skills, responsibilities, decision-making and conditions of work, will have the right to equal treatment, in particular equal pay, by their employer and any differences must be for a genuine and material reason, as determined by an objective job evaluation”. Further, under section 48.(9), the Bill states that “For the purpose of this section … ‘pay’ includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Taking note of this information, the Committee expresses the firm hope that the new Employment Bill, as revised, will be adopted as soon as possible and requests the Government to keep it informed of any developments in this regard

Articles 1 and 2. Assessment of the gender pay gap. In its previous comment, the Committee, noting that the average gender pay gap for all occupational groups is around 20 per cent (37 per cent for service and sales workers, 24 per cent for managers, 23 per cent for elementary occupations and 16 per cent for professionals), asked the Government to continue providing up-to-date statistical data on remuneration levels by sector and occupational group, disaggregated by sex; and to indicate the steps taken or envisaged to determine and address the structural and underlying causes of the gender pay gap. The Government states that no recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex has been collected since 2012. The Committee notes that, in its observation, the ASE expresses the need that a survey or research should be conducted to find out if there is a gender pay gap in the Seychelles. In that regard, the Committee notes that in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that technical research conducted in 2012–15 on labour market issues including discrimination and equal remuneration for work of equal value has been realized but that its findings are yet to be published. The Committee wishes to recall that, some of the underlying causes of pay inequality have been identified as the following: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey on fundamental Conventions, 2012, paragraph 712). Therefore, an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women. In order to undertake an assessment of the evolution of the nature and extent of the pay gap in the country, the Committee reiterates its request to the Government to provide updated statistical data on remuneration levels by sector and occupational group, disaggregated by sex. The Committee also requests the Government to provide it with the findings of the Technical Research of 2012–15 on the labour market regarding gender issues, in particular gender pay gap.

Article 3. Application of the principle. Objective job evaluation. Noting the Government’s statement that the Ministry of Labour and Human Resource Development is promoting the principle of objective job evaluation in the private sector, the Committee asked the Government to provide information on the methodology used when determining wage rates in this sector, and how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account and the criteria used are free from gender bias. The Committee notes from the latest Government’s declarations that wage rates are not determined by any methodology in the private sector as employers are free to make their own evaluation. A complaint of discrimination on the basis of gender could be registered at the Ministry by a worker who has been offered a contract that breaches the principle of equal remuneration for men and women for work of equal value. The Committee wishes to recall that the State has an obligation to ensure that the principle of the Convention is applied in the private sector and that various means exist to promote or ensure the use of objective evaluation methods, such as for example: predetermined job evaluation systems to determine the value of jobs; guidelines for establishing gender-neutral job classifications; non-sexist checklists for the evaluation and classification of jobs. The Committee asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods in the private sector, so as to ensure that skills considered to be “female” (such as manual dexterity and those required in the caring professions), are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting), in particular in predominantly carried out by women occupations or sectors.

Minimum Wage. The Committee asked the Government to provide information on the effective enforcement of the minimum wage, including any obstacles encountered, in particular in sectors in which women predominate. The Committee notes the indication of the Government that, with regard to the various complaints received by the Employment Department – including that of Minimum Wage issues – the Labour Monitoring and Compliance Section within the Employment Department conducts regular site visits to verify labour conditions, through routine visits, follow-up visits and investigations. In the event that a violation of the minimum wage is detected on site visits, the employer is informed with regard to the adjustment and back payment required, and the need for proof of same to be submitted to the Ministry for verification. Failure to adhere to the request of the Competent Authority may lead to prosecution as they constitute an offence under the Employment Act 1995. Workers may also register their grievance to claim Minimum wage and cases are mediated by Competent Officers of the Employment Department. In this regard, the Committee also notes the observation of the SFWU that the introduction of a National Minimum Wage makes it more difficult for workplaces to practice wage discrimination based on gender. However, in the absence of recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex, the Committee is not in a position to assess the impact of the national minimum wage on the average gender pay gap for all occupational groups. The Committee wishes to stress that, as women predominate in low-wage employment, the setting of minimum wages is an important means by which the Convention is applied in practice, as well as by improving the wages of low-paid workers and enforcing the payment of minimum wages (see 2012 General Survey, paragraphs 682 and 872). Noting that the information provided by the Government concerns the general enforcement of the regulations on minimum wage and not of the principle of the Convention, the Committee asks the Government to provide information on how it is ensured in practice that: (i) the criteria currently applied in setting minimum wages are free from gender bias; (ii) female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value; and (iii) those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention. Please also provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well as on the number of workers who are reportedly paid below the minimum wage.

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes the statistics of the Labour Survey 2011–12 provided by the Government on the hourly earnings of employees in their main job by occupation and by sex. The Committee notes that the average gender pay gap for all occupational groups is around 20 per cent (37 per cent for service and sales workers, 24 per cent for managers, 23 per cent for elementary occupations and 16 per cent for professionals). The Committee asks the Government to continue providing up-to-date statistical data on remuneration levels by sector and occupational group, disaggregated by sex. The Committee further asks the Government to indicate the steps taken or envisaged to determine and address the structural and underlying causes of the gender pay gap.

Equal remuneration for work of equal value. Legislation. The Government indicates in its report that the revised version of the Employment Act, 1995 will include a definition of “pay” reflecting the definition of “remuneration” in Article 1(a) of the Convention, and incorporate the principle of “equal pay for men and women for work of equal value”. The Government also indicates that “work of equal value” would mean that “men and women are performing work which is the same or broadly similar or different but of equal value in terms of demand such as effort, skills, responsibilities, decision making and conditions of work”. Welcoming these proposed amendments, the Committee hopes that the revised Employment Act will be adopted in the near future and explicitly provide for equal remuneration for men and women for work of equal value, including a definition of remuneration in line with Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this respect.

Article 3. Objective job evaluation. The Committee welcomes the detailed information provided by the Government on the determination of salaries in the public service. Each job is assessed on the basis of a set of factors such as the level of education, experience, work complexity, accountability, responsibility, fatigue, working conditions, etc. The Committee notes that a new Public Service Salary Table was established in 2013 on this basis and that, according to the Government’s report, the salary structure is designed on the principle of equal pay for work of equal value. Noting the Government’s statement that the Ministry of Labour and Human Resource Development is promoting the same principles in the private sector, the Committee once again asks the Government to provide specific information on the methodology used when determining wage rates in this sector, and how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account and the criteria used are free from gender bias.

Minimum wage. As women generally predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, the Committee considers that such a system can have an influence on reducing the gender pay gap. The Committee welcomes the Government’s indication that no category of workers is excluded from the application of the national minimum wage. The Committee asks the Government to provide information on the effective enforcement of the minimum wage, including any obstacles encountered, in particular in sectors in which women predominate.

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

Legislation. The Committee notes the Government’s indication that in the context of the review of the National Employment Act, the National Tripartite Committee will give consideration to including the principle of equal remuneration for men and women for work of equal value and to defining remuneration as set out in Article 1(a) of the Convention. The Committee asks the Government to provide specific information on the progress achieved in reviewing the National Employment Act, and in ensuring that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, including defining remuneration to include all the elements set out in Article 1(a) of the Convention.

Article 2. Application of the principle. The Committee notes from the Government’s report that the remuneration system in the public sector is managed by the Department of Public Administration (DPA), which recently revised the salary grid structure. The Committee also notes the Government’s indication that remuneration in the private sector is left to the market and should not be set below the minimum wage. The Committee asks the Government to indicate the methodology used by the DPA when determining wage rates, and how it takes into account the principle of equal remuneration for men and women for work of equal value, and ensures that the criteria used are free from gender bias. The Committee again asks the Government to provide information on steps taken to promote the application in practice of the principle of the Convention in the private sector.

Minimum wages. The Committee notes the Government’s indication that a national minimum wage has been introduced in the public and the private sectors. It also notes that the minimum wage became applicable to non-Seychellois workers in July 2010. The Committee notes that, pursuant to section 6 of the Employment (National Minimum Wage) Regulations 2007, the Minister of Employment and Human Resources may “exempt any worker or category of workers” from the application of the national minimum wage “subject to such conditions as the Minister may think fit”. The Committee asks the Government to provide specific information on the workers and category of workers exempted from the application of the national minimum wage, including specifying the number of women and men in such categories. Noting that the Minimum Wage Regulations were not included with the Government’s report, the Committee asks the Government to provide copies thereof.

Statistical information. The Committee notes that the Ministry of Labour has recommended that the National Bureau of Statistics gather sex-disaggregated data on the earnings of men and women, by occupation, sector and industry, in the context of the next surveys on employment and earnings. The Committee hopes that the Government will be in a position to provide the fullest possible statistical information disaggregated by sex in its next report, and asks the Government to provide information of progress achieved in this regard.

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

Legislation. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), while providing for some protection against discrimination based on gender as regards remuneration, does not provide for equal remuneration for men and women for work of equal value. Furthermore, in spite of article 35(d) of the Constitution guaranteeing fair and equal wages for work of equal value, the Committee considered it desirable that the legislation include provisions giving full expression to the principle of the Convention. To this end, it should be ensured that remuneration be defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee notes that no steps have been taken in this regard. Noting from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the legislation will be reviewed in 2009, the Committee hopes that the Government will take the opportunity to include a provision giving full legal expression to the principle of equal remuneration for men and women for work of equal value, and ensure that the definition of remuneration includes all elements set out in Article 1(a) of the Convention.

Policies. In the absence of any new measures taken to promote the application of the Convention, the Committee reiterates the importance of ensuring that remuneration systems and employment policies ensure equal remuneration for men and women for work of equal value. The Committee hopes that the Government’s next report will indicate how remuneration systems take into account the principle of the Convention and include information on any measures taken to promote the full application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Minimum wages. The Committee notes the adoption of the Employment (National Minimum Wage) Regulations 2007, the text of which was attached to the Government’s report but not fully reproduced. Please provide a copy of the full text of the Employment (National Minimum Wage) Regulations 2007.

Objective job evaluation. The Committee notes the Government’s statement that no measures have been taken or are envisaged to promote the use of objective job evaluation methods. Recalling its 2006 general observation emphasizing the importance of developing such methods for the purpose of determining work of equal value, the Committee asks the Government to examine, in cooperation with the workers’ and employers’ organizations, the use of objective job evaluation methods in the public and private sectors.

Statistical information. The Committee notes that the statistics on the earnings by industry and sector provided are not disaggregated by sex and therefore do not permit an assessment of the extent or nature of any earnings inequalities that might exist between men and women. The Committee asks the Government to make an effort to compile and provide sex disaggregated data on the earnings or wages of men and women, by occupation, sector or industry.

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

1. Legislation. The Committee notes that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour […], the worker may make a complaint to the Chief Executive stating all relevant particulars”. While this provision appears to cover discrimination based on gender as regards remuneration, the Committee notes that it does not provide for equal remuneration for men and women for work of equal value. Although section 35(d) of the Constitution guarantees fair and equal wages for work of equal value, the Committee considers it desirable to include in the legislation provisions giving full expression to the Convention’s principle, with a view to achieving its full application, in law and in practice. In this context, it should be ensured that, for the purposes of the application of the principle of equal remuneration for men and women for work of equal value, remuneration is defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the following:

(a)   the practical application of section 46A of the Employment Act, indicating the number, nature and outcome of any complaints brought relating to wage discrimination;

(b)   the measures taken or envisaged with a view to giving full legislative expression to the Convention’s principle and to ensuring that the definition used for the purposes of ensuring equal remuneration is provided for work of equal value includes all the elements set out in Article 1(a) of the Convention.

2. Policies. The Committee notes that the Employment Policy stresses the importance of access to employment and training without discrimination and the encouragement of equality of opportunity and equity within the work environment. The Policy also commits the Government to promoting a remuneration system based on performance and productivity results. The Committee asks the Government to indicate any measures taken to ensure that remunerations systems ensure equal remuneration for men and women for work of equal value. It once again asks the Government to provide information on any other measures taken or envisaged to promote the full application of the Convention’s principle in both the private and public sectors.

3. Minimum wages. The Committee notes from the Government’s report that a national minimum wage has not yet been fixed. Recalling its 2003 direct request concerning the Minimum Wage-Fixing Machinery Convention, 1928
(No. 26) in which it expressed the hope that minimum wage machinery would be set up without any further delay, the Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information regarding what measures are taken or envisaged to ensure that the future minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value.

4. Objective job evaluation. The Committee notes that in the Government’s report there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee refers the Government to its 2006 general observation under the present Convention for further guidance on the importance of objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for work of equal value, and asks the Government to indicate in its next report any measures taken or envisaged to promote the use of objective job evaluation methods.

5. Statistical information. The Committee notes that the statistical information on earnings provided by the Government is not disaggregated by sex. The Committee therefore asks the Government to provide with its next report detailed data concerning the earnings of men and women, by industry and sector.

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

The Committee notes the Government’s very brief report indicating that no significant changes have been noted in the application of the Convention in either law or practice.

1. The Committee notes the Government’s statement that the Employment Act is currently under revision. It hopes that the revised legislation will incorporate the comprehensive definition of remuneration set out in Article 1(a) of the Convention, which applies not only to wages but also to any additional emoluments, whether paid directly or indirectly, whether in cash or in kind, in order to ensure the promotion of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to keep it informed of any developments with regard to the adoption of the said legislation and to provide it with a copy of the revised Act when it has been adopted.

2. The Committee notes that the Government’s report does not contain a reply to the remaining points raised in its previous comments. The Committee therefore reiterates its request to the Government to include in its next report full information in reply to its previous direct request, which raised the following points:

(a)  Article 2. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women for work of equal value. Unfortunately, no copy of the Employment Policy has been received by the Office. Therefore, the Committee would be grateful if the Government would supply a copy of the said document with its next report. Please also provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

(b)  Determination of wages. Recalling the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise, the Committee asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

(c)  Article 3. Objective job appraisal. Recalling the Government’s statement that objective job appraisal is envisaged for public servants by the scheme of service and that the same procedure exists for the private sector, the Committee requests the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please also provide a copy of the scheme of service.

(d)  Part III of the report form. Enforcement. Recalling that according to section 64 of the Employment Act of 1995, workers may initiate a grievance procedure for any disputes between an employer and a worker, the Committee asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

(e)  Part V of the report form. Statistical information. Please supply recent statistical information and provide information on remuneration, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.

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

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 that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.

2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.

3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.

5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.

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

The Committee notes the information contained in the Government’s first and additional reports, including the statistical information provided.

1. The Committee notes that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.

2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.

3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.

5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.