Equal Remuneration Convention, 1951 (No. 100) - Papua New Guinea (Ratification: 2000)

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

The Committee notes with deep concern that the Government’s report, due since 2017, has not been received. In light of its urgent appeal launched to the Government in 2020, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, for years, it has been requesting the Government to take measures to ensure that both the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978: (1) contain a definition of remuneration which 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; and (2) provide for equal remuneration for men and women for work of equal value (and not only for equal, the same or similar work), in conformity with the Convention. The Committee notes with deep concern that neither the Industrial Relations Bill nor the revision of the Employment Act of 1978 have been enacted to date. Noting that once again the latest Decent Work Country Programme 2018–22 has set as one of its top priorities the revision of the Industrial Relations Act and the Employment Act, the Committee urges the Government to avail itself of the technical assistance of the Office for this purpose in order to be in a position to report progress in the near future regarding the labour law reform, in particular with regard to the provisions which are not in conformity with the principle of the Convention.

Article 2. Methods of wage determination. In the absence of any updated information, the Committee reiterates its requests to the Government to provide: (i) information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements; (ii) copies of collective agreements including provisions on equal remuneration or on wage determinations.

Article 3. Objective job evaluation. The Committee recalls that, in response to the Government’s statement that women are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, it had: (1) pointed out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias; and (2) asked the Government to provide information on the appraisals of jobs conducted and the methods and criteria used both in the private and public sectors. In this regard, the Committee recalls that it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see General Survey of 2012 on the fundamental Conventions, paragraph 701). In the absence of any information in this regard, the Committee again requests the Government to provide information on: (i) job evaluation methods used to determine remuneration rates in the public sector and the measures taken to ensure that they are free from gender bias; and (ii) any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work) in the private sector. Please provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:(i) contain a definition of remuneration which 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; and (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:(i) contain a definition of remuneration which 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; and (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:(i) contain a definition of remuneration which 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; and (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:(i) contain a definition of remuneration which 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; and (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention. The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.

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

Article 1(a) and (b) of the Convention. Legislative developments. Referring to its previous comments regarding the efforts made by the Government in order to bring its national legislation into conformity with the Convention, the Committee notes that the final draft of the Industrial Relations Bill as well as the revision of the Employment Act of 1978, have not yet been adopted. Noting that the Decent Work Country Programme for 2013–15, which has been extended until 2017, has set labour law reform as a priority, the Committee trusts that the Industrial Relations Bill as well as the revision of the Employment Act will be adopted in the near future. It requests the Government to take any necessary measures to ensure that both legislative texts:

• (i) contain a definition of remuneration which 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; and
• (ii) provide for equal remuneration for men and women for work of equal value, in conformity with the Convention.

The Committee requests the Government to provide information on any progress made in this regard, and to forward a copy of both texts once adopted.

Article 2. Methods of wage determination. The Committee notes Minimum Wage Board Determination No. 1 of 2008, and Minimum Wage Determination No. 1 of 2014, which provide for regular increases of the minimum wage over a three-year period. Referring to its previous comments on wage determination made through collective agreements, it notes that the Government does not provide any information. The Committee, therefore, again requests the Government to provide information on the methods used by the Industrial Registrar to assess the gender neutrality of wage determinations made through collective agreements. It also reiterates its request to the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of equal remuneration for men and women for work of equal value is applied through collective agreements.

Article 3. Objective job evaluation. In its previous comments, the Committee noted that women were part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. Noting that the Government does not provide any new information on this matter, the Committee again requests the Government to specify the organizations to which it previously referred and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. It further requests the Government to provide information on any other job evaluation methods used to determine remuneration rates in the public and private sectors in order to ensure that the minimum wage rates set for female-dominated occupations or sectors are not lower than those in male-dominated occupations.

Public service. The Committee takes note of the adoption of the National Public Service Policy on Gender Equity and Social Inclusion (GESI), in 2013, which acknowledges that in the workplace the positions that women attain are often undervalued in that they do not attract an equal financial or economic value. It further notes that the action plan adopted for implementing the GESI policy across the national public service set as a priority action the revision of employment conditions in order to ensure equal access and employment conditions for all individuals regardless of gender, focusing among others on wage structures, conditions of employment, job description and promotion opportunities. The Committee requests the Government to indicate the measures adopted, inter alia, as a result of the GESI policy, in order to ensure that the classification of positions and the wage scales applicable in the public sector are free from gender bias and that jobs held predominantly by women are not undervalued. The Committee also asks the Government to encourage the use of methods of job evaluation based on objective criteria, such as skills and qualifications, effort, responsibilities and working conditions. It also requests the Government to provide a copy of the salary scales and schemes of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

Enforcement. The Committee notes the Government’s repeated indication that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government adds that the Workers’ Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee, once again, requests the Government to provide information on any awareness-raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Statistics. Recalling that collecting and analysing data on the position and pay of men and women in all job categories, within and between sectors, is required to determine and address the nature and extent of the remuneration gap between men and women, the Committee once again requests the Government to provide statistical information on the distribution of men and women in the different sectors of economic activity, job categories and positions, and their corresponding earnings, both in the private and public sectors.

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

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 comments.

Repetition

Article 1(a) and (b) of the Convention. Legislation. In its previous comments, the Committee noted that the fifth draft Industrial Relations Bill included a broader definition of remuneration in conformity with Article 1(a) of the Convention and that the Government intended to include a similar definition in the Employment Act of 1978, once it was reviewed. The Committee asked the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, would not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value, in accordance with Article 1(b) of the Convention. The Committee notes from the Government’s report that the review of the Industrial Relations Act is still ongoing while the review of the Employment Act has not yet been undertaken. The Committee asks the Government to take the necessary measures to ensure that both the revised Industrial Relations Act and Employment Act:

• (i) contain a definition of remuneration which 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; and
• (ii) provide for equal remuneration for men and women for work of equal value, in accordance with the Convention.

The Committee hopes that the Government will be a position to report progress in the near future regarding the labour law reform that the Decent Work Country Programme for 2009–12 has set as a priority.

Article 2. Methods of wage determination. The Committee notes the Government’s statement that the issues of wage determination in all aspects, including collective bargaining for the purpose of collective agreements, are gender neutral and that the Industrial Registrar can deregister agreements on wage determination if he or she feels they have come about as a result of gender discrimination. The Committee asks the Government to provide information on the method used by the Industrial Registrar to assess the gender neutrality of the wage determinations made through collective agreements. Furthermore, the Committee again asks the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of the Convention is applied through collective agreements.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the number of women in the overall labour force is increasing and they are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. With respect to job evaluation conducted to establish whether different jobs are of equal value, the Committee wishes to point out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to specify the organizations to which it referred in its report and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. The Committee notes that the copies of the Minimum Wages Board determinations (2009), the Salaries and Remunerations Commissions decisions, the public service grading systems as well as the provisions pertaining to remuneration determinations in the private sector mentioned in the Government’s report have not been received by the Office and asks the Government to communicate such documents.

Parts III and IV of the report form. The Committee notes the Government’s statement that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government further points out that the Workers Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee asks the Government to provide information on any awareness raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Part V of the report form. In the absence of a reply to its previous comments, the Committee once again asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Please also communicate copies of the salary scales and schedules of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

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

Article 1(a) and (b) of the Convention. Legislation. In its previous comments, the Committee noted that the fifth draft Industrial Relations Bill included a broader definition of remuneration in conformity with Article 1(a) of the Convention and that the Government intended to include a similar definition in the Employment Act of 1978, once it was reviewed. The Committee asked the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, would not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value, in accordance with Article 1(b) of the Convention. The Committee notes from the Government’s report that the review of the Industrial Relations Act is still ongoing while the review of the Employment Act has not yet been undertaken. The Committee asks the Government to take the necessary measures to ensure that both the revised Industrial Relations Act and Employment Act:

(i)    contain a definition of remuneration which 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; and

(ii)   provide for equal remuneration for men and women for work of equal value, in accordance with the Convention.

The Committee hopes that the Government will be a position to report progress in the near future regarding the labour law reform that the Decent Work Country Programme for 2009–12 has set as a priority.

Article 2. Methods of wage determination. The Committee notes the Government’s statement that the issues of wage determination in all aspects, including collective bargaining for the purpose of collective agreements, are gender neutral and that the Industrial Registrar can deregister agreements on wage determination if he or she feels they have come about as a result of gender discrimination. The Committee asks the Government to provide information on the method used by the Industrial Registrar to assess the gender neutrality of the wage determinations made through collective agreements. Furthermore, the Committee again asks the Government to provide copies of collective agreements including provisions on equal remuneration or on wage determinations that would enable it to assess the extent to which the principle of the Convention is applied through collective agreements.

Article 3. Objective job evaluation. The Committee notes from the Government’s report that the number of women in the overall labour force is increasing and they are part of the appraisal process in whatever capacities they occupy in the respective organizations that conduct appraisals of jobs, both in the private and public sectors. With respect to job evaluation conducted to establish whether different jobs are of equal value, the Committee wishes to point out that whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias. It is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory, as skills considered to be “female”, such as manual dexterity and those required in caring professions, are often undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting. The Committee asks the Government to specify the organizations to which it referred in its report and to provide specific information on the appraisals of jobs that they have conducted and the methods and criteria used. The Committee notes that the copies of the Minimum Wages Board determinations (2009), the Salaries and Remunerations Commissions decisions, the public service grading systems as well as the provisions pertaining to remuneration determinations in the private sector mentioned in the Government’s report have not been received by the Office and asks the Government to communicate such documents.

Parts III and IV of the report form. The Committee notes the Government’s statement that it is not in a position to provide information on any administrative or judicial decisions dealing with equal remuneration. The Government further points out that the Workers Education Programme, which is usually undertaken by the Office of the Industrial Registrar, can be used to raise awareness among workers and law enforcers of the right to equal remuneration for work of equal value and access to the complaints mechanism. The Committee asks the Government to provide information on any awareness raising or training activity undertaken by the Office of the Industrial Registrar or otherwise specifically to promote knowledge and foster understanding of the principle of equal remuneration for men and women for work of equal value. Please also continue to provide information on any administrative or judicial decisions relating to equal remuneration.

Part V of the report form. In the absence of a reply to its previous comments, the Committee once again asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Please also communicate copies of the salary scales and schedules of public sector employees as well as indications of the number of men and women respectively employed in each of the salary scales.

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

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

Article 1(a) of the Convention. Definition of remuneration. With reference to its previous comments regarding the terminology used to define remuneration in the Employment Act, 1978, the Industrial Organizations Act, 1962 and the Public Services (Management) Act, the Committee notes that the draft Industrial Relations Bill includes a more inclusive definition of remuneration in conformity with Article 1(a) of the Convention. The Committee also notes that the Government intends to include a similar definition in the Employment Act of 1978, once it is reviewed. The Committee welcomes this new draft definition in the Industrial Relations Bill and asks the Government to keep it informed of its adoption, as well as of any developments with regard to the revision of the Employment Act, 1978.

Article 1(b). Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that section 97(2) of the Employment Act of 1978 only provided protection against wage discrimination for the same work, which is not sufficient to implement the Convention. The Committee notes the Government’s statement that the issues raised by the Committee in its previous direct request will be taken into consideration when reviewing the Employment Act, 1978, which is due after the completion of the Industrial Relations Bill. The Committee, however, also notes that section 9 of the draft Industrial Relations Bill still refers to work that is the same, similar or equivalent, which is still too narrow to reflect fully the concept of “work of equal value”. While subsection (c) refers to skill, effort, responsibility and conditions as appropriate criteria to determine equal value, the fact that they need to be the “same or substantially the same” seems to be too restrictive. The Committee refers to its 2006 general observation on this Convention and asks the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, will not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value. Please keep the Committee informed of any progress made in the amendment and adoption of the said legislation.

Article 2. Methods of wage determination. The Committee notes the information in the Government’s report on relevant provisions in the legislation determining rates of remuneration. It also notes the Government’s statement that progress in the application of the principle of the Convention is being made by industrial organizations that are aware of the provisions of the Employment Act, 1978, and that since the formulation of the Decent Work Country Programme, most small and medium-sized enterprises are now being made aware of the principle of equal remuneration. The Committee asks the Government how the industrial organizations are taking into consideration the principle of equal remuneration for work of equal value, including in collective bargaining, and to provide copies of collective agreements including provisions on equal remuneration or demonstrating that rates of remuneration have been set without gender bias. Please also provide further details on any other measures taken to promote the application of the principle of the Convention in the private sector, including information on further progress achieved in small and medium-sized enterprises following increased awareness of the principle of equal remuneration.

Article 3. Objective appraisal of jobs. With reference to its previous comments on the application of job evaluation in the public service and its promotion in the private sector, the Committee notes the Government’s statement that methods applied in promoting objective job evaluation are being used by individual industries within the guidelines of the Employment Act and the Public Service (Management) Act. The Committee also understands from the Government’s report that the Minimum Wages Board and the Salaries Conditions and Monitoring Committee appear to have a role in promoting the objective appraisals of jobs in the private sector. The Committee asks the Government to provide in its next report more specific information on measures taken to ensure that the method and procedures for job evaluation used in the public service are applied in practice without gender bias, and how often job evaluations are being reviewed. The Government is also asked to indicate how the Minimum Wages Board and the Salaries Conditions and Monitoring Committee are promoting the objective appraisal of jobs with a view to ensuring that rates of remuneration are set free from gender bias in the private sector.

Part IV of the report form. The Committee notes the Government’s statement that there are no courts of law or tribunals that have issued decisions relating to the application of the Convention. The Government also indicates that there have been no grievances filed in the public service relating to unequal remuneration The Committee recalls that the absence of complaints regarding unequal remuneration does not necessarily indicate the absence of violations of the principle of the Convention. It often results from the lack of awareness or understanding among workers and law enforcement of the right to equal remuneration for work of equal value or the absence of accessible complaints procedures. Noting that the Government will continue to liaise with the relevant judicial and administrative bodies, the Committee asks the Government to keep it informed of any relevant decisions dealing with equal remuneration for men and women for work of equal value. Please also provide information on measures taken or envisaged to raise awareness among workers and law enforcers of the rights under the Convention, and to ensure that complaints mechanism are accessible to all.

Part V of the report form. The Committee notes the Government’s statement that no statistics are available on the level of earnings of men and women in the private sector. The Committee recalls the importance of collecting and analysing statistical information to assess the progress made in addressing existing inequalities in remuneration of men and women. The Committee asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Noting that the salary scales and schedules of public sector employees have not been received by the Office, the Committee also asks the Government to include these in its next report as well as indications of the number of men and women respectively employed in each of the salary scales.

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

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. Article 1(a) of the Convention. Definition of remuneration. With reference to its previous comments regarding the terminology used to define remuneration in the Employment Act, 1978, the Industrial Organizations Act, 1962 and the Public Services (Management) Act, the Committee notes that the draft Industrial Relations Bill includes a more inclusive definition of remuneration in conformity with Article 1(a) of the Convention. The Committee also notes that the Government intends to include a similar definition in the Employment Act of 1978, once it is reviewed. The Committee welcomes this new draft definition in the Industrial Relations Bill and asks the Government to keep it informed of its adoption, as well as of any developments with regard to the revision of the Employment Act, 1978.

2. Article 1(b). Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that section 97(2) of the Employment Act of 1978 only provided protection against wage discrimination for the same work, which is not sufficient to implement the Convention. The Committee notes the Government’s statement that the issues raised by the Committee in its previous direct request will be taken into consideration when reviewing the Employment Act, 1978, which is due after the completion of the Industrial Relations Bill. The Committee, however, also notes that section 9 of the draft Industrial Relations Bill still refers to work that is the same, similar or equivalent, which is still too narrow to reflect fully the concept of “work of equal value”. While subsection (c) refers to skill, effort, responsibility and conditions as appropriate criteria to determine equal value, the fact that they need to be the “same or substantially the same” seems to be too restrictive. The Committee refers to its 2006 general observation on this Convention and asks the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, will not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value. Please keep the Committee informed of any progress made in the amendment and adoption of the said legislation.

3. Article 2. Methods of wage determination. The Committee notes the information in the Government’s report on relevant provisions in the legislation determining rates of remuneration. It also notes the Government’s statement that progress in the application of the principle of the Convention is being made by industrial organizations that are aware of the provisions of the Employment Act, 1978, and that since the formulation of the Decent Work Country Programme, most small and medium-sized enterprises are now being made aware of the principle of equal remuneration. The Committee asks the Government how the industrial organizations are taking into consideration the principle of equal remuneration for work of equal value, including in collective bargaining, and to provide copies of collective agreements including provisions on equal remuneration or demonstrating that rates of remuneration have been set without gender bias. Please also provide further details on any other measures taken to promote the application of the principle of the Convention in the private sector, including information on further progress achieved in small and medium-sized enterprises following increased awareness of the principle of equal remuneration.

4. Article 3. Objective appraisal of jobs. With reference to its previous comments on the application of job evaluation in the public service and its promotion in the private sector, the Committee notes the Government’s statement that methods applied in promoting objective job evaluation are being used by individual industries within the guidelines of the Employment Act and the Public Service (Management) Act. The Committee also understands from the Government’s report that the Minimum Wages Board and the Salaries Conditions and Monitoring Committee appear to have a role in promoting the objective appraisals of jobs in the private sector. The Committee asks the Government to provide in its next report more specific information on measures taken to ensure that the method and procedures for job evaluation used in the public service are applied in practice without gender bias, and how often job evaluations are being reviewed. The Government is also asked to indicate how the Minimum Wages Board and the Salaries Conditions and Monitoring Committee are promoting the objective appraisal of jobs with a view to ensuring that rates of remuneration are set free from gender bias in the private sector.

5. Part IV of the report form. The Committee notes the Government’s statement that there are no courts of law or tribunals that have issued decisions relating to the application of the Convention. The Government also indicates that there have been no grievances filed in the public service relating to unequal remuneration The Committee recalls that the absence of complaints regarding unequal remuneration does not necessarily indicate the absence of violations of the principle of the Convention. It often results from the lack of awareness or understanding among workers and law enforcement of the right to equal remuneration for work of equal value or the absence of accessible complaints procedures. Noting that the Government will continue to liaise with the relevant judicial and administrative bodies, the Committee asks the Government to keep it informed of any relevant decisions dealing with equal remuneration for men and women for work of equal value. Please also provide information on measures taken or envisaged to raise awareness among workers and law enforcers of the rights under the Convention, and to ensure that complaints mechanism are accessible to all.

6. Part V of the report form. The Committee notes the Government’s statement that no statistics are available on the level of earnings of men and women in the private sector. The Committee recalls the importance of collecting and analysing statistical information to assess the progress made in addressing existing inequalities in remuneration of men and women. The Committee asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Noting that the salary scales and schedules of public sector employees have not been received by the Office, the Committee also asks the Government to include these in its next report as well as indications of the number of men and women respectively employed in each of the salary scales.

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

1. Article 1(a) of the Convention. Definition of remuneration. With reference to its previous comments regarding the terminology used to define remuneration in the Employment Act, 1978, the Industrial Organizations Act, 1962 and the Public Services (Management) Act, the Committee notes that the draft Industrial Relations Bill includes a more inclusive definition of remuneration in conformity with Article 1(a) of the Convention. The Committee also notes that the Government intends to include a similar definition in the Employment Act of 1978, once it is reviewed. The Committee welcomes this new draft definition in the Industrial Relations Bill and asks the Government to keep it informed of its adoption, as well as of any developments with regard to the revision of the Employment Act, 1978.

2. Article 1(b). Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that section 97(2) of the Employment Act of 1978 only provided protection against wage discrimination for the same work, which is not sufficient to implement the Convention. The Committee notes the Government’s statement that the issues raised by the Committee in its previous direct request will be taken into consideration when reviewing the Employment Act, 1978, which is due after the completion of the Industrial Relations Bill. The Committee, however, also notes that section 9 of the draft Industrial Relations Bill still refers to work that is the same, similar or equivalent, which is still too narrow to reflect fully the concept of “work of equal value”. While subsection (c) refers to skill, effort, responsibility and conditions as appropriate criteria to determine equal value, the fact that they need to be the “same or substantially the same” seems to be too restrictive. The Committee refers to its 2006 general observation on this Convention and asks the Government to take the necessary steps to ensure that the draft Industrial Relations Bill and the Employment Act of 1978, when being revised, will not only provide for equal remuneration for equal, the same or similar work, but also prohibit discrimination in remuneration in situations where men and women perform different work that is nevertheless of equal value. Please keep the Committee informed of any progress made in the amendment and adoption of the said legislation.

3. Article 2. Methods of wage determination. The Committee notes the information in the Government’s report on relevant provisions in the legislation determining rates of remuneration. It also notes the Government’s statement that progress in the application of the principle of the Convention is being made by industrial organizations that are aware of the provisions of the Employment Act, 1978, and that since the formulation of the Decent Work Country Programme, most small and medium-sized enterprises are now being made aware of the principle of equal remuneration. The Committee asks the Government how the industrial organizations are taking into consideration the principle of equal remuneration for work of equal value, including in collective bargaining, and to provide copies of collective agreements including provisions on equal remuneration or demonstrating that rates of remuneration have been set without gender bias. Please also provide further details on any other measures taken to promote the application of the principle of the Convention in the private sector, including information on further progress achieved in small and medium-sized enterprises following increased awareness of the principle of equal remuneration.

4. Article 3. Objective appraisal of jobs. With reference to its previous comments on the application of job evaluation in the public service and its promotion in the private sector, the Committee notes the Government’s statement that methods applied in promoting objective job evaluation are being used by individual industries within the guidelines of the Employment Act and the Public Service (Management) Act. The Committee also understands from the Government’s report that the Minimum Wages Board and the Salaries Conditions and Monitoring Committee appear to have a role in promoting the objective appraisals of jobs in the private sector. The Committee asks the Government to provide in its next report more specific information on measures taken to ensure that the method and procedures for job evaluation used in the public service are applied in practice without gender bias, and how often job evaluations are being reviewed. The Government is also asked to indicate how the Minimum Wages Board and the Salaries Conditions and Monitoring Committee are promoting the objective appraisal of jobs with a view to ensuring that rates of remuneration are set free from gender bias in the private sector.

5. Part IV of the report form. The Committee notes the Government’s statement that there are no courts of law or tribunals that have issued decisions relating to the application of the Convention. The Government also indicates that there have been no grievances filed in the public service relating to unequal remuneration The Committee recalls that the absence of complaints regarding unequal remuneration does not necessarily indicate the absence of violations of the principle of the Convention. It often results from the lack of awareness or understanding among workers and law enforcement of the right to equal remuneration for work of equal value or the absence of accessible complaints procedures. Noting that the Government will continue to liaise with the relevant judicial and administrative bodies, the Committee asks the Government to keep it informed of any relevant decisions dealing with equal remuneration for men and women for work of equal value. Please also provide information on measures taken or envisaged to raise awareness among workers and law enforcers of the rights under the Convention, and to ensure that complaints mechanism are accessible to all.

6. Part V of the report form. The Committee notes the Government’s statement that no statistics are available on the level of earnings of men and women in the private sector. The Committee recalls the importance of collecting and analysing statistical information to assess the progress made in addressing existing inequalities in remuneration of men and women. The Committee asks the Government to indicate in its next report the measures taken or envisaged, in cooperation with employers’ and workers’ organizations, to collect and analyse relevant data disaggregated by sex on the earnings levels in the private sector. Noting that the salary scales and schedules of public sector employees have not been received by the Office, the Committee also asks the Government to include these in its next report as well as indications of the number of men and women respectively employed in each of the salary scales.

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

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. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the Employment Act, 1978 uses the term “wage” without defining it and that the Industrial Organizations Act, 1962 defines “industrial matter”, inter alia as “wages, allowances and remuneration of persons employed or to be employed” (section 1). The Public Services (Management) Act defines “pay” as meaning the salary and such allowances specified in the General Order made under that Act. In connection with the comments made in point 2 below, the Committee asks the Government to consider the possibility of introducing a broad definition of remuneration which would include basic wages, allowances and any other emoluments in accordance with Article 1(a) of the Convention.

2. Article 1(b). Equal remuneration for men and women workers for work of equal value. The Committee notes that under section 97(2) of the Employment Act an employer who fails to pay a female employee the same wage as a male employee employed at the same level in the same work, is guilty of an offence. With regard to section 97(2) the Committee notes the following:

(1)    The equal pay principle established in this provision only covers “wages”, and not any other elements of remuneration such as allowances or any other benefits as required by the Convention.

(2)    The provision requires equal wages for women employed “in the same work”, while the Convention’s principle requires equal remuneration for men and women performing work of equal value.

(3)    The provision appears to protect only women from wage discrimination while the Convention is intended to protect men and women equally.

The Committee asks the Government to take the measures necessary to bring section 97(2) into conformity with the Convention in respect to the points raised above and to inform the Committee of the steps taken in this regard, for instance in the context of the draft Industrial Relations Act under consideration.

3. Article 2. Methods of wage determination. The Committee notes that under the Industrial Relations Act minimum wages are to be determined by registered industrial awards and the 1992 Minimum Wage Board Determination. It also notes that the National Executive Council has endorsed a government policy on wage fixing and determination of minimum wages, incorporating principles and guidelines of general application for collective bargaining. The Government is asked to provide further information on this government policy and on how it promotes the application of the principle of equal remuneration for men and women workers for work of equal value. Please also provide information on the manner in which workers and employers take the Convention into consideration when engaging in collective bargaining, and supply the text of the 1992 Minimum Wage Determination, and any others that may have been adopted since then.

4. Article 3. Objective appraisal of jobs. The Committee notes with interest the procedures and methods concerning job evaluation provided for under General Order No. 2 on organizational design and position classification, made under the Public Services (Management) Act, 1995. Please provide information on the practical application of these methods and procedures, indicating experiences and difficulties encountered with regard to ensuring that evaluation criteria are selected and applied without gender bias. Please indicate in this connection how often job evaluations in the public sector are reviewed, and what is being done to encourage job evaluation in the private sector.

5. Parts IV and V of the report form. The Government is asked to provide any relevant administrative or judicial decisions involving section 97(2) of the Employment Act or otherwise dealing with equal remuneration for men and women workers. The Committee also asks the Government to provide, as far as possible, statistical information on the levels of earnings of men and women in the private and public sectors, in accordance with its 1998 general observation on the Convention (attached for ease of reference).

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

The Committee notes the Government’s first report and asks the Government to provide further information in its next report on the following points.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the Employment Act, 1978 uses the term "wage" without defining it and that the Industrial Organizations Act, 1962 defines "industrial matter", inter alia as "wages, allowances and remuneration of persons employed or to be employed" (section 1). The Public Services (Management) Act defines "pay" as meaning the salary and such allowances specified in the General Order made under that Act. In connection with the comments made in point 2 below, the Committee asks the Government to consider the possibility of introducing a broad definition of remuneration which would include basic wages, allowances and any other emoluments in accordance with Article 1(a) of the Convention.

2. Article 1(b). Equal remuneration for men and women workers for work of equal value. The Committee notes that under section 97(2) of the Employment Act an employer who fails to pay a female employee the same wage as a male employee employed at the same level in the same work, is guilty of an offence. With regard to section 97(2) the Committee notes the following:

(1) The equal pay principle established in this provision only covers "wages", and not any other elements of remuneration such as allowances or any other benefits as required by the Convention.

(2) The provision requires equal wages for women employed "in the same work", while the Convention’s principle requires equal remuneration for men and women performing work of equal value.

(3) The provision appears to protect only women from wage discrimination while the Convention is intended to protect men and women equally.

The Committee asks the Government to take the measures necessary to bring section 97(2) into conformity with the Convention in respect to the points raised above and to inform the Committee of the steps taken in this regard, for instance in the context of the draft Industrial Relations Act under consideration.

3. Article 2. Methods of wage determination. The Committee notes that under the Industrial Relations Act minimum wages are to be determined by registered industrial awards and the 1992 Minimum Wage Board Determination. It also notes that the National Executive Council has endorsed a government policy on wage fixing and determination of minimum wages, incorporating principles and guidelines of general application for collective bargaining. The Government is asked to provide further information on this government policy and on how it promotes the application of the principle of equal remuneration for men and women workers for work of equal value. Please also provide information on the manner in which workers and employers take the Convention into consideration when engaging in collective bargaining, and supply the text of the 1992 Minimum Wage Determination, and any others that may have been adopted since then.

4. Article 3. Objective appraisal of jobs. The Committee notes with interest the procedures and methods concerning job evaluation provided for under General Order No. 2 on organizational design and position classification, made under the Public Services (Management) Act, 1995. Please provide information on the practical application of these methods and procedures, indicating experiences and difficulties encountered with regard to ensuring that evaluation criteria are selected and applied without gender bias. Please indicate in this connection how often job evaluations in the public sector are reviewed, and what is being done to encourage job evaluation in the private sector.

5. Parts IV and V of the report form. The Government is asked to provide any relevant administrative or judicial decisions involving section 97(2) of the Employment Act or otherwise dealing with equal remuneration for men and women workers. The Committee also asks the Government to provide, as far as possible, statistical information on the levels of earnings of men and women in the private and public sectors, in accordance with its 1998 general observation on the Convention (attached for ease of reference).