Equal Remuneration Convention, 1951 (No. 100) - Saint Kitts and Nevis (Ratification: 2000)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 2(2)(b) of the Convention. Minimum wages. In its previous comment, the Committee noted with interest the Government’s indication that there was now a uniform minimum wage of 9 Eastern Caribbean dollars (XCD) per hour applicable to men and women workers in all sectors and that the Department of Labour was reminding employers to submit their monthly survey sheets regarding distribution of wages among workers, differentiated by sex, in application of sections 8 and 11 of the Equal Pay Act 2012. Based on the data captured through the monthly survey, the Committee asked the Government to provide statistical information, disaggregated by sex, as well as information on any case of wage discrimination identified by labour inspectors. The Committee notes the Government’s indication, in its report, that it did not identify any evidence of wage discrimination. The Government adds that only a few employers submitted the monthly wage survey information and that, since the beginning of the COVID-19 pandemic, this exercise has been on hold. The Government hopes that by the next reporting cycle it can provide the Committee with the information requested. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations and their corresponding earnings.

Article 3. Objective job evaluation. In reply to the Committee’s request for information on the methodology used for objective job evaluation and determination of salaries in the civil service that are free from gender bias, and on any progress made in promoting objective job evaluation in the private sector, the Government provides a copy of the Public Service Standing Order No. 11 of 2014 setting out the methodology used for the objective job evaluation exercise and for determining salaries in the Public Service. It points out that salary scales are based on qualifications and not on race or gender and explains that, due to the COVID-19 pandemic, no promotional activity was carried out in 2020. The Committee asks the Government to provide information on the activities carried out or envisaged to promote objective job evaluation in the public and private sectors.

Articles 2 and 4. Promotion of the principle and cooperation with social partners. Application of the Convention in practice. The Committee notes the Government’s indication that no measures have been taken to raise awareness of the principle of equal remuneration for men and women for work of equal value among labour inspectors, judges, or other relevant authorities, as well as workers and employers. The Government explains that such awareness raising activities should be done after the adoption of the draft Labour Code, which has been pending for quite some time now. The Committee reiterates the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention. It also notes the Government’s statement, in reply to its previous comment, that it allocated adequate human and financial resources for the establishment of a well-functioning labour inspection system; and that there is a well-established cooperation between the Department of Labour and the Department of Gender Affairs. Finally, it notes that there have been no cases brought to the Labour Commissioner nor any judicial decision taken regarding issues of pay discrimination. The Committee notes that, in 2021, a budgetary allocation was made to promote equal pay but minimal awareness activities were planned for Equal Pay Day in September due to the spread of the virus. It further notes that, in November 2020, in the context of the Universal Periodic Review (UPR), conducted under the auspices of the United Nations (UN) Human Rights Council, the Government indicated that, as of 2019, there were no outstanding issues relating to cases of inequalities in pay (A/HRC/WG.6/37/KNA/1, 9 November 2020, paragraph 30). However, in its combined fifth to ninth periodic reports submitted to the UN Committee on the Elimination of Discrimination against Women (CEDAW), the Government recognized that inequalities in the treatment of women included the inadequacy of wages to provide for their families; the ability of men to access better paying jobs; and less employment security for women (CEDAW/C/KNA/5-9, 27 July 2020, paragraph 106). The Committee asks the Government to continue to provide information on any:

• (i)initiative taken to raise the awareness of labour inspectors, judges, or any other relevant authorities, as well as workers and employers, regarding the principle of equal remuneration for men and women for work of equal value; and
• (ii)case brought to the Labour Commissioner and any judicial decisions taken regarding unequal remuneration for men and women workers for work of equal value.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee notes with regret the Government’s statement, in its report, that there has been no new legislation or other measures adopted since the last report. In view of the above, the Committee reiterates once again its request that the Government give full legislative expression to the principle of the Convention, as soon as possible, and in particular that the new legislation include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value.

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

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

Article 2 of the Convention. Minimum wages. In its previous comment, the Committee noted that the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014 brought the national minimum wage up to 9 Eastern Caribbean dollars (XCD) per hour, but that separate minimum wage orders still applied for specific categories of workers. It asked the Government, inter alia, to provide information on the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, particularly through the Labour Commission and the labour inspectorate services. The Committee notes with interest the Government’s indication that the variation of wages according to sectors has been eliminated and that there is now a uniform minimum wage of XCD9 applicable to men and women workers in all sectors. The Government adds that the data collected by labour inspectors during their inspection did not reveal any gender inequality and that, in the application of sections 8 and 11 of the Equal Pay Act 2012, the Minister of Labour requested employers to submit to the Department of Labour, on a monthly basis, a survey sheet capturing the data regarding distribution of wages among workers, differentiated by sex. The Committee notes the Government’s indication that, as only a few employers complied, the Department of Labour is reminding all employers to submit their monthly survey sheets to the statistician of the Department. Based on the data captured through the monthly survey of distribution of wages, the Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations and their corresponding earnings. It also requests information on any case of wage discrimination identified by labour inspectors or otherwise as well as on the work of the tripartite Minimum Wage Advisory Committee.

Article 3. Objective job evaluation. The Committee notes the Government’s indication, in reply to its previous comment, that the Civil Service Act was adopted in 2011 and that, in 2014, five Statutory Rules and Orders (SROs) supporting the legislation were enacted. It notes that the objective job evaluation for the civil service, which started in 2008, has been completed and that a new project, launched in 2014 and entitled “Functional Reviews – A new policy framework for public sector modernization and human resource management” was near completion but halted following the 2015 change of government. It also notes the Government’s statement that there has not been any progress made in promoting objective job evaluation in the private sector but that this issue would be discussed by the National Tripartite Committee. The Committee asks the Government to continue to provide information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias, and to continue to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee, noting the Government’s indication, once again, that it is unable to provide information on any activities carried out in cooperation with the social partners to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, reiterates the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and firmly hopes that the Government will be in a position to provide detailed information on initiatives taken in this regard in its next report.

Application of the Convention in practice. In its previous comment, the Committee emphasized the need for sufficient human and financial resources in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs. It also asked the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of the Convention and to provide information on any cases regarding unequal pay brought to the Labour Commissioner. The Committee notes the Government’s indication that it has taken measures to strengthen the human resources of the Labour Inspectorate Services and that the monitoring of the application of the Equal Pay Act has been added to the list of items the labour inspectors have to verify during their inspections. However, no steps have been taken regarding cooperation with the Ministry of Gender Affairs nor with a view to raise awareness on the principle of the Convention. The Government also indicates that there have been no cases brought to the Labour Commissioner nor any relevant judicial decisions taken. The Committee notes the Government’s statement that awareness-raising activities will be carried out to ensure that the lack of judicial proceedings is not due to a lack of knowledge about workers’ rights. Recalling the importance of the role of judges and labour inspectors as well as cooperation among different governmental actors with a view to ensuring the effective application of the Convention, the Committee asks the Government to continue to provide information: (i) on the human and financial resources made available in order to establish a well-functioning labour inspection system; (ii) on measures taken to ensure cooperation with the Ministry of Gender Affairs; (iii) on measures taken to raise awareness of labour inspectors, judges, other relevant authorities, as well as workers and employers, regarding the principle of equal remuneration for men and women for work of equal value; (iv) on the practical application of the Equal Pay Act 2012; and (v) on any cases brought to the Labour Commissioner and any judicial decisions taken regarding unequal pay.

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

Article 1 of the Convention. Work of equal value. Legislative developments. In its previous comment, the Committee requested the Government to give full legislative expression to the principle of the Convention and to take the necessary measures to amend the Equal Pay Act 2012 so that it would clearly set out the principle of equal remuneration between men and women for work of equal value. Noting the Government’s statement that the draft Labour Code had been tabled before the National Tripartite Committee, the Committee indicated that it trusted that all efforts would be made to include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value. The Committee notes with regret the Government’s indication that it was unable to enact the draft Labour Code. It also notes that a new draft has been prepared and was expected to be presented to, after review by the National Tripartite Committee and the holding of national consultations. It also notes that it is expected that new legislation would be enacted at a later stage to cover, inter alia, issues of equal opportunity and sexual harassment. The Committee refers to its previous observation on the issue and emphasizes, once again, the fundamental importance of the full implementation of the principle of equal remuneration for men and women for work of equal value, a concept which is wider than just “equal pay for equal work” and the cornerstone of the Convention. In view of the above, the Committee asks the Government to provide information on the obstacles encountered in the adoption of the draft Labour Code and on any developments in that regard. The Committee reiterates its request that the Government give full legislative expression to the principle of the Convention, as soon as possible, and in particular that the new legislation include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value.

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

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

Article 2 of the Convention. Legislative developments. The Committee notes that pursuant to section 3(2) and (3) of the Equal Pay Act the employer who discriminates by failing to pay equal pay for equal work commits an offence and is liable to a fine. Where the offence is committed by any agent of the employer or some other person, he or she can be subject to proceedings, either together with or after the conviction of the employer, and shall be liable, on conviction, to the same punishment (section 5(1)); the court may order the employer to pay the employee arrears of remuneration due (section 4). The Act further provides that any provision of a contract of employment or collective agreement that contravenes section 3(1) shall be void (section 6(1) and (2)), and protects employees from victimization by the employer, who, if the case occurs, will be guilty of an offence and liable to a fine or imprisonment (subsections (4) and (5)). Section 7 of the Act puts the burden of proof of equal pay for equal work on the employer. The Committee requests the Government to provide information on the practical application of the Equal Pay Act 2012, including any judicial or administrative proceedings involving violations of sections 3(1) and 6(4) of the Act, and the convictions pronounced, sanctions imposed and remedies provided.

Minimum wages. The Committee notes the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014, bringing the national minimum wage up to US$9.00 per hour. However, separate minimum wage orders still apply for shop employees, security guards, “watchmen”, the manufacturing sector, and for hotel, casino, restaurant and other related workers. The Government merely indicates in this regard that the Minimum Wage Advisory Committee agreed on a minimum wage free from gender bias and that jobs undertaken by women are not being undervalued. The Committee therefore asks the Government to provide information on the following:

• (i) the specific measures taken to ensure that the criteria used for the determination of minimum wages in the different sectors excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order 2008, are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men; and
• (ii) the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services.

Noting that steps are being taken to collect relevant statistics on the distribution of men and women in the categories of work covered by the minimum wage orders, as well as wages paid in those sectors, the Committee asks the Government to provide such information with its next report.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. The Government refers however to the new Civil Service Act 2014, a copy of which was not received, and indicates that the Act might give insight on the methodology used. The Committee asks the Government to provide a copy of the new Civil Service Act and specific information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Government indicates that it is actively seeking the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, but that it is unable to provide any information on the specific activities carried out in this regard. The Committee recalls the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and asks the Government to provide detailed information on all initiatives taken in this regard.

Enforcement. The Committee notes that the Minister shall designate such officers for the purpose of investigating any complaint and otherwise securing the proper observance of the provisions of the Equal Pay Act (section 8). Section 3(5) requires that any prosecution for an alleged offence relating to section 3(1) of the Act shall first be preceded by a mediation procedure as set out in the Schedule to the Act. The Committee notes that the mediation procedure provides that a complaint may be submitted to the Labour Commissioner, who, if of the opinion that a contravention of section 3(1) has occurred, shall refer the case to a designated officer for investigation and settlement. Where the designated officer fails to effect a settlement, the Labour Commissioner may refer the matter to a mediator for review. The Government further indicates that the establishment of a more efficient labour inspection mechanism is still ongoing and it is the intention to ensure the necessary human and financial resources for this, during the financial year 2016. The Committee also notes that during the reporting period there were no judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information on steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken. Please provide information on the nature and number of any cases regarding unequal pay brought to the Labour Commissioner, including settlement obtained by the designated officers and referrals to the mediator.

Statistical information. The Committee notes that section 8 of the Equal Pay Act requires employers to keep records of remuneration, as are necessary, to show that the Act is being complied with in respect of the persons employed; an employer who fails to keep such records commits an offence and is liable on summary conviction to a fine. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their corresponding earnings.

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

Article 1 of the Convention. Work of equal value. Legislative developments. The Committee notes the adoption of the Equal Pay Act No. 23 of 2012, which defines remuneration in broad terms in accordance with the Convention. However, the Committee notes with regret that section 3(1) of the Act only prohibits an employer from discriminating between male and female employees by failing to pay “equal pay for equal work”. Section 2(1) defines “equal work” as “the work performed for an employer by males and females in which: (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degrees of skill, effort and responsibility required; and (d) the difference, if any, between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently”. The Committee notes that these provisions are narrower than the principle of equal remuneration for work of equal value enshrined in the Convention, as they limit the requirement of equal remuneration for men and women to “similar or “substantially similar” duties, responsibilities or services, conditions of work and qualifications, skills, effort and responsibilities. The Committee emphasizes that the concept of “work of equal value” established in the Convention includes but goes beyond similar or substantially similar work performed by men and women and that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (see 2012 General Survey, paragraphs 673 and 697). The Committee requests the Government to give full legislative expression to the principle of the Convention and to take the necessary measures to amend the Equal Pay Act 2012 so that it will clearly set out the principle of equal remuneration between men and women for work of equal value – which should not only provide for equal remuneration for men and women performing similar or substantially similar work, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value. Noting the Government’s indication that the draft Labour Code has been tabled before the National Tripartite Committee and was expected to be adopted in the first half of 2016, the Committee trusts that all efforts will be made to include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value, and requests the Government to report on the progress made.

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

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 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the draft Equal Pay Act is now in line with the Caribbean Community (CARICOM) model legislation on Equality of Opportunity and Treatment in Employment and Occupation, and that the principle of equal remuneration for men and women for work of equal value is addressed in the draft Equal Pay Act. The Committee further notes the Government’s intention to include in the new Labour Code a provision on equal remuneration that is similar to the provision contained in the CARICOM model legislation. The Committee asks the Government to provide a copy of the actual text of the relevant provisions of the draft Equal Pay Act and the draft Labour Code, and to provide information on any further developments concerning the status of the draft legislation. Please supply a copy of the final texts once adopted.

Article 2. Minimum wages. The Committee notes the Government’s statement that it will continue to ensure that minimum wage legislation is free from gender bias, and recalls the Government’s indication that specific criteria will be included in the ongoing law review in this regard. The Committee further notes that no information has been provided regarding the distribution of men and women in the categories of work covered by the minimum wage legislation. In this connection, the Committee reminds to the Government of the importance of collecting such information in order to ensure that sectors in which women predominate are not being undervalued. The Committee asks the Government to provide information on the following:

• (i) the specific measures it intends to take to ensure that the criteria used for the determination of minimum wages are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men;
• (ii) how it ensures the application of the principle of equal remuneration between men and women for work of equal value, for workers excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order, 2008; and
• (iii) the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services. The Committee also asks the Government to take further steps to collect information on the distribution of men and women in the different categories of work covered by the minimum wage orders, as well as wages paid in those sectors.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. It also notes the Government’s intention to promote the same objective job evaluation in the private sector. The Committee asks the Government to provide information on the progress made in completing the job evaluation exercise for the civil service, and on the results achieved. Please also provide specific information on the methodology used. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. In the absence of the information previously requested, the Committee recalls the Government’s intention to continue its dialogue with the social partners as well as civil society organizations with regard to the application of the Convention. The Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Enforcement. The Committee once again notes that the Department of Labour, while envisaging the establishment of a labour inspection service, lacks the necessary human and financial resources. It also notes that during the reporting period there were no known judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information of steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Statistical information. Please provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their earnings.

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the draft Equal Pay Act is now in line with the Caribbean Community (CARICOM) model legislation on Equality of Opportunity and Treatment in Employment and Occupation, and that the principle of equal remuneration for men and women for work of equal value is addressed in the draft Equal Pay Act. The Committee further notes the Government’s intention to include in the new Labour Code a provision on equal remuneration that is similar to the provision contained in the CARICOM model legislation. The Committee asks the Government to provide a copy of the actual text of the relevant provisions of the draft Equal Pay Act and the draft Labour Code, and to provide information on any further developments concerning the status of the draft legislation. Please supply a copy of the final texts once adopted.

Article 2. Minimum wages. The Committee notes the Government’s statement that it will continue to ensure that minimum wage legislation is free from gender bias, and recalls the Government’s indication that specific criteria will be included in the ongoing law review in this regard. The Committee further notes that no information has been provided regarding the distribution of men and women in the categories of work covered by the minimum wage legislation. In this connection, the Committee reminds to the Government of the importance of collecting such information in order to ensure that sectors in which women predominate are not being undervalued. The Committee asks the Government to provide information on the following:

(i)    the specific measures it intends to take to ensure that the criteria used for the determination of minimum wages are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men;

(ii)   how it ensures the application of the principle of equal remuneration between men and women for work of equal value, for workers excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order, 2008; and

(iii)  the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services. The Committee also asks the Government to take further steps to collect information on the distribution of men and women in the different categories of work covered by the minimum wage orders, as well as wages paid in those sectors.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. It also notes the Government’s intention to promote the same objective job evaluation in the private sector. The Committee asks the Government to provide information on the progress made in completing the job evaluation exercise for the civil service, and on the results achieved. Please also provide specific information on the methodology used. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. In the absence of the information previously requested, the Committee recalls the Government’s intention to continue its dialogue with the social partners as well as civil society organizations with regard to the application of the Convention. The Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Enforcement. The Committee once again notes that the Department of Labour, while envisaging the establishment of a labour inspection service, lacks the necessary human and financial resources. It also notes that during the reporting period there were no known judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information of steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Statistical information. Please provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their earnings.

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that a draft Equal Pay Act had been prepared, which, however, did not reflect the principle of equal remuneration for men and women for work of equal value. The Committee urged the Government to ensure that the legislation includes an explicit reference to this principle. In its report, the Government indicates that it intends to resubmit the draft Equal Pay Act to the National Tripartite Committee for review later in 2009. The Committee urges the Government once again to ensure that the future equal pay legislation is in full compliance with the Convention and that it explicitly refers to the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide a copy of the draft legislation, and provide the final text once adopted.

Article 2, paragraph 2(b). Minimum wages. The Committee notes that a national minimum wage was introduced in 2008, covering all sectors and workers irrespective of sex. The Committee also notes the Government’s indication that the ongoing law review is expected to include specific criteria to ensure that recommendations on minimum wages are free from gender bias. The Committee asks the Government to provide information on the measures taken in the context of the law review to ensure that minimum wage determination is free from gender bias. It also asks the Government to provide information on the distribution of men and women in the categories of work covered by the minimum wage orders, as soon as such information is available.

Article 3. Objective job evaluation. The Committee notes that a job evaluation exercise for the civil service started in 2008 and is expected to be completed in 2010, and that the Government also intends to promote job evaluation in the private sector. The Committee trusts that the Government will ensure that gender equality and equal remuneration for men and women for work of equal value are pursued as specific objectives of the job evaluation exercise in the public service, and asks it to provide further information on the methodology used and results of the exercise. Further, the Committee asks the Government to continue to provide information on the measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee notes that the Government intends to continue its dialogue with regard to the application of the Convention with the social partners as well as civil society organizations, such as the Business and Professional Women Organization. Please provide more detailed information on the specific activities carried out and their outcomes.

Enforcement. The Committee notes from the Government’s report that the Department of Labour envisages the establishment of a labour inspection service to supervise the relevant provisions and to ensure greater cooperation with the Ministry of Gender Affairs. However, the Department currently lacks the necessary human resources. The Committee trusts that the necessary steps to establish a well functioning labour inspection service which pays due attention to monitoring the application of the Convention’s principle can be taken in the near future, and asks the Government to provide information on any further developments in this regard. Please also provide any court decisions regarding equal remuneration for men and women for work of equal value.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women in the different sectors and occupations as soon as they become available.

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:

The Committee notes the Government’s first report. The Committee also notes the Government’s indication that a Proposed Equal Pay Act has been drafted and submitted to the competent authority.

1. Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to section 2(1) of the Proposed Equal Pay Act, the term “remuneration” means the salary or wages actually and legally payable and includes (a) time and piece work wages and overtime, bonus and other payments, and (b) allowances, fees, commission and every other emolument including fringe benefits, whether in one sum or several sums and whether paid in money or not. The Government also states that the term “equal pay” would mean a rate or scale of remuneration for work in which rate or scale there is no element of differentiation between male or female employees on the ground of their sex. The Committee notes, however, that the principle of “work of equal value” does not appear to be provided for in the draft law. The Committee refers in this context to its 2006 general observation on this Convention, which stresses the importance of the principle of “work of equal value” and its explicit expression in legislation. The Committee urges the Government to ensure that the legislation includes an explicit reference to the principle of equal remuneration for work of equal value. The Committee asks the Government to forward to it a copy of the Proposed Equal Pay Act, and keep it informed regarding the status of its adoption. The Committee also asks the Government to provide information on how the application of the principle of the Convention is ensured in practice.

2. Article 2. Wage determination. The Committee notes the Government’s indication that the Labour (Minimum Wage) Act (CAP 344) provides for the appointment of an advisory committee to make recommendations regarding the minimum rates of wages, and that the Act does not prescribe a minimum wage based on sex. The Committee notes that minimum wage orders have been adopted for hotel and casino workers, domestic workers, shop employees, security guards, and workers in the manufacturing sector. The Committee asks the Government to supply details on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration for work of equal value is promoted and ensured to all workers. The Committee also asks the Government to provide information on the specific criteria used by the advisory committee to ensure that its recommendations on minimum wages are free from gender bias, and to supply copies of the recommendations for setting minimum wages for the various sectors of the economy and any minimum wage orders adopted. The Committee asks the Government to supply statistical information, disaggregated by sex, on the distribution of men and women in the categories covered under these orders. The Committee further requests the Government to provide a copy of the Labour (Minimum Wage) Act.

3. Article 3. Objective evaluation of jobs. The Committee notes from the Government’s report that no general appraisal of jobs on the basis of work to be performed has been undertaken. The Committee recalls its 2006 general observation on the Convention and draws the Government’s attention to the importance of the use of objective evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee recalls that historical attitudes towards the role of women in society and the consequent occupational sex segregation tend to result in the undervaluation of “female jobs” in comparison with those performed mainly by men when determining wage rates. The Committee notes that in the report submitted under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Government has acknowledged the persistent stereotyping and occupational segregation, and stated that it is taking measures to change the social and cultural patterns that lead to stereotyping or reinforcing the idea that women are inferior (UN Document CEDAW/C/KNA/1-4, paragraphs 62–65). The Committee encourages the Government to ensure that objective job evaluation methods free from gender bias are used to determine the value of jobs in the public sector and to promote such objective job evaluation methods in the private sector. The Committee further asks the Government to supply statistical data disaggregated by sex on the distribution of men and women workers in the various occupations or sectors, along with their corresponding earnings and the gender wage differentials.

4. Article 4. Cooperation with social partners. The Committee notes that the Proposed Equal Pay Act has been submitted to and endorsed by the National Tripartite Committee on International Labour Standards, consisting of representatives of various government ministries, and workers’ and employers’ organizations. The Government indicates that members of this body are encouraged to solicit views from their respective institutions and transmit the information to the Tripartite Committee. The Committee asks the Government to indicate any other measures taken or envisaged to ensure cooperation between the Government and the social partners in promoting the effective application of the principle of the Convention.

5. Part III of the report form. Enforcement. The Committee notes that according to the information provided by the Government, the application of the relevant national legislation is entrusted to the Department of Labour and the Ministry of Gender Affairs. The Committee asks the Government to indicate how in practice the application of all the existing or envisaged relevant provisions is, or will be, supervised and ensured.

6. Part IV of the report form. Judicial and other decisions. The Committee notes that the Government’s report does not contain any information on judicial or other decisions concerning the principle of equal remuneration for work of equal value. The Committee asks the Government to gather and supply information on judicial or other decisions concerning the principle of equal remuneration for work of equal value.

7. Part V of the report form. National institutions charged with monitoring the application of the Convention. The Committee notes from the report submitted by the Government under the (CEDAW) that a “national women’s machinery” has been established that is charged with monitoring and improving the status of women in the country. It comprises the Minister of Women’s Affairs, the Permanent Secretary, the Director of Women’s Affairs and relevant staff, as well as the Inter-Ministerial Committee on Gender and Development. It is further supported by a National Advisory Council on Gender Equality and Women’s Organizations and other members of civil society working for the mainstreaming of gender in all national policies, plans and programmes. The Committee asks the Government to provide information on the initiatives so far taken and the activities carried out by the “national women’s machinery” to promote the application of the Convention.

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

The Committee notes the Government’s first report. The Committee also notes the Government’s indication that a Proposed Equal Pay Act has been drafted and submitted to the competent authority.

1. Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to section 2(1) of the Proposed Equal Pay Act, the term “remuneration” means the salary or wages actually and legally payable and includes (a) time and piece work wages and overtime, bonus and other payments, and (b) allowances, fees, commission and every other emolument including fringe benefits, whether in one sum or several sums and whether paid in money or not. The Government also states that the term “equal pay” would mean a rate or scale of remuneration for work in which rate or scale there is no element of differentiation between male or female employees on the ground of their sex. The Committee notes, however, that the principle of “work of equal value” does not appear to be provided for in the draft law. The Committee refers in this context to its 2006 general observation on this Convention, which stresses the importance of the principle of “work of equal value” and its explicit expression in legislation. The Committee urges the Government to ensure that the legislation includes an explicit reference to the principle of equal remuneration for work of equal value. The Committee asks the Government to forward to it a copy of the Proposed Equal Pay Act, and keep it informed regarding the status of its adoption. The Committee also asks the Government to provide information on how the application of the principle of the Convention is ensured in practice.

2. Article 2. Wage determination. The Committee notes the Government’s indication that the Labour (Minimum Wage) Act (CAP 344) provides for the appointment of an advisory committee to make recommendations regarding the minimum rates of wages, and that the Act does not prescribe a minimum wage based on sex. The Committee notes that minimum wage orders have been adopted for hotel and casino workers, domestic workers, shop employees, security guards, and workers in the manufacturing sector. The Committee asks the Government to supply details on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration for work of equal value is promoted and ensured to all workers. The Committee also asks the Government to provide information on the specific criteria used by the advisory committee to ensure that its recommendations on minimum wages are free from gender bias, and to supply copies of the recommendations for setting minimum wages for the various sectors of the economy and any minimum wage orders adopted. The Committee asks the Government to supply statistical information, disaggregated by sex, on the distribution of men and women in the categories covered under these orders. The Committee further requests the Government to provide a copy of the Labour (Minimum Wage) Act.

3. Article 3. Objective evaluation of jobs. The Committee notes from the Government’s report that no general appraisal of jobs on the basis of work to be performed has been undertaken. The Committee recalls its 2006 general observation on the Convention and draws the Government’s attention to the importance of the use of objective evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee recalls that historical attitudes towards the role of women in society and the consequent occupational sex segregation tend to result in the undervaluation of “female jobs” in comparison with those performed mainly by men when determining wage rates. The Committee notes that in the report submitted under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Government has acknowledged the persistent stereotyping and occupational segregation, and stated that it is taking measures to change the social and cultural patterns that lead to stereotyping or reinforcing the idea that women are inferior (UN Document CEDAW/C/KNA/1-4, paragraphs 62–65). The Committee encourages the Government to ensure that objective job evaluation methods free from gender bias are used to determine the value of jobs in the public sector and to promote such objective job evaluation methods in the private sector. The Committee further asks the Government to supply statistical data disaggregated by sex on the distribution of men and women workers in the various occupations or sectors, along with their corresponding earnings and the gender wage differentials.

4. Article 4. Cooperation with social partners. The Committee notes that the Proposed Equal Pay Act has been submitted to and endorsed by the National Tripartite Committee on International Labour Standards, consisting of representatives of various government ministries, and workers’ and employers’ organizations. The Government indicates that members of this body are encouraged to solicit views from their respective institutions and transmit the information to the Tripartite Committee. The Committee asks the Government to indicate any other measures taken or envisaged to ensure cooperation between the Government and the social partners in promoting the effective application of the principle of the Convention.

5. Part III of the report form. Enforcement. The Committee notes that according to the information provided by the Government, the application of the relevant national legislation is entrusted to the Department of Labour and the Ministry of Gender Affairs. The Committee asks the Government to indicate how in practice the application of all the existing or envisaged relevant provisions is, or will be, supervised and ensured.

6. Part IV of the report form. Judicial and other decisions. The Committee notes that the Government’s report does not contain any information on judicial or other decisions concerning the principle of equal remuneration for work of equal value. The Committee asks the Government to gather and supply information on judicial or other decisions concerning the principle of equal remuneration for work of equal value.

7. Part V of the report form. National institutions charged with monitoring the application of the Convention. The Committee notes from the report submitted by the Government under the (CEDAW) that a “national women’s machinery” has been established that is charged with monitoring and improving the status of women in the country. It comprises the Minister of Women’s Affairs, the Permanent Secretary, the Director of Women’s Affairs and relevant staff, as well as the Inter-Ministerial Committee on Gender and Development. It is further supported by a National Advisory Council on Gender Equality and Women’s Organizations and other members of civil society working for the mainstreaming of gender in all national policies, plans and programmes. The Committee asks the Government to provide information on the initiatives so far taken and the activities carried out by the “national women’s machinery” to promote the application of the Convention.