Equal Remuneration Convention, 1951 (No. 100) - Uganda (Ratification: 2005)

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

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

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee noted that the definition of “wages” in section 2 of the Employment Act, 2006 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. With a view to implementing fully the principle of equal remuneration for work of equal value, the Committee requested the Government to amend the legislation to ensure that “remuneration” is defined so as to include 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. The Committee notes the Government’s statement, in its report, that amendments of the Employment Act, 2006 have been drafted which will address, inter alia, the concerns raised in relation to the definition of remuneration.The Committee requests the Government to provide information regarding the progress made to amend the legislation in order to ensure that “remuneration” is defined so as to include not only the ordinary, basic or minimum wage or salary but also 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. Please provide a copy of the amended legislation once adopted.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. Previously, the Committee requested the Government to provide details on the method and criteria used for the comprehensive job analysis undertaken for the entire public service, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales. It notes the Government’s reply that the method used by the Ministry of Public Service for job analysis included data collection and research to guide job analysis, consultations with stakeholders to obtain their input and ownership, development or review of the jobs, systems, and structures and submission of the proposal to Cabinet for approval before implementation. In this regard, the Committee recalls that the analytical method (also referred to as “point method”) – which allows for all the requirements of the jobs to be systematically examined, evaluated and compared, using common, precise and detailed criteria – is recognized as the most appropriate evaluation method for pay equity purposes (see the General Survey on the fundamental Conventions, 2012, paragraph 700). The Committee notes that the Government did not indicate if the method used by the Ministry of Public Service was analytical (based on a point system) and did not provide any information on the results achieved.The Committee once again requests the Government to indicate which type of method was used in that job evaluation exercise and how it is ensured that the criteria used are free of gender bias so that the evaluation factors, such as qualifications, efforts, responsibility and working conditions, in jobs predominantly occupied by women are not undervalued in comparison to those in jobs predominantly occupied by men. The Committee also requests the Government to provide information on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes that, in February 2019, the Parliament passed the Minimum Wage Bill, which sought to set up a minimum wage determination mechanism across different sectors of the economy, but that, in August 2019, the President declined to assent to the Bill and rejected it in its entirety. The Committee also notes the Government’s indication, in reply to its previous comment, that the Minimum Wages Advisory Board undertook a comprehensive study of the economy and that its report, making recommendations to the Government on the feasibility of fixing a minimum wage in the country, has been submitted to Cabinet for discussion and approval by the end of November 2019. In this regard, the Committee refers to the observation it adopted in 2018 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) by Uganda, where it noted with concern that the minimum wage, which was last set in 1984, had yet to be adjusted. In this regard, the Committee recalls that the setting of minimum wages is an important means by which the Convention is applied given that, as women predominate in low-wage employment and a uniform national minimum-wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see the 2012 General Survey, paragraphs 682–683).The Committee requests the Government to provide information on any progress made towards the adoption of minimum-wage schemes and on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of such schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the term of office of the Labour Advisory Board established in 2015 for three years expired and that the process of establishing a new board was in progress at the time of the Government’s report.The Committee requests the Government to provide information on the establishment of the new Labour Advisory Board as well as its activities and any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee notes the information provided by the Government on the Fifth Annual Report of the Equal Opportunity Commission.

Statistics. The Committee notes that, according to the National Labour Force Survey 2016–17, the median monthly cash earnings for persons whose main job is in paid employment was 450,000 and 400,000 Ugandan shilling (UGX) respectively for men and women workers in the public sector, whereas it was UGX 192,000 and UGX100,000 respectively in the private sector, that is, namely 1.9 times more for men than for women. However, it also notes that it is not indicated if these figures refer to the same number of hours worked per month. The Committee also notes that the Uganda Bureau of Statistics, in its Strategy for the Development of Gender Statistics 2018/19 – 2019/20, indicates that special surveys, such as gender pay gap surveys, can be conducted to capture gender statistics.The Committee requests the Government to indicate if any specific gender pay gap survey has been conducted and to provide any updated statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

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

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

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee noted that the definition of “wages” in section 2 of the Employment Act, 2006 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. With a view to implementing fully the principle of equal remuneration for work of equal value, the Committee requested the Government to amend the legislation to ensure that “remuneration” is defined so as to include 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. The Committee notes the Government’s statement, in its report, that amendments of the Employment Act, 2006 have been drafted which will address, inter alia, the concerns raised in relation to the definition of remuneration. The Committee requests the Government to provide information regarding the progress made to amend the legislation in order to ensure that “remuneration” is defined so as to include not only the ordinary, basic or minimum wage or salary but also 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. Please provide a copy of the amended legislation once adopted.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. Previously, the Committee requested the Government to provide details on the method and criteria used for the comprehensive job analysis undertaken for the entire public service, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales. It notes the Government’s reply that the method used by the Ministry of Public Service for job analysis included data collection and research to guide job analysis, consultations with stakeholders to obtain their input and ownership, development or review of the jobs, systems, and structures and submission of the proposal to Cabinet for approval before implementation. In this regard, the Committee recalls that the analytical method (also referred to as “point method”) – which allows for all the requirements of the jobs to be systematically examined, evaluated and compared, using common, precise and detailed criteria – is recognized as the most appropriate evaluation method for pay equity purposes (see the General Survey on the fundamental Conventions, 2012, paragraph 700). The Committee notes that the Government did not indicate if the method used by the Ministry of Public Service was analytical (based on a point system) and did not provide any information on the results achieved. The Committee once again requests the Government to indicate which type of method was used in that job evaluation exercise and how it is ensured that the criteria used are free of gender bias so that the evaluation factors, such as qualifications, efforts, responsibility and working conditions, in jobs predominantly occupied by women are not undervalued in comparison to those in jobs predominantly occupied by men. The Committee also requests the Government to provide information on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes that, in February 2019, the Parliament passed the Minimum Wage Bill, which sought to set up a minimum wage determination mechanism across different sectors of the economy, but that, in August 2019, the President declined to assent to the Bill and rejected it in its entirety. The Committee also notes the Government’s indication, in reply to its previous comment, that the Minimum Wages Advisory Board undertook a comprehensive study of the economy and that its report, making recommendations to the Government on the feasibility of fixing a minimum wage in the country, has been submitted to Cabinet for discussion and approval by the end of November 2019. In this regard, the Committee refers to the observation it adopted in 2018 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) by Uganda, where it noted with concern that the minimum wage, which was last set in 1984, had yet to be adjusted. In this regard, the Committee recalls that the setting of minimum wages is an important means by which the Convention is applied given that, as women predominate in low-wage employment and a uniform national minimum-wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see the 2012 General Survey, paragraphs 682–683). The Committee requests the Government to provide information on any progress made towards the adoption of minimum-wage schemes and on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of such schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the term of office of the Labour Advisory Board established in 2015 for three years expired and that the process of establishing a new board was in progress at the time of the Government’s report. The Committee requests the Government to provide information on the establishment of the new Labour Advisory Board as well as its activities and any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee notes the information provided by the Government on the Fifth Annual Report of the Equal Opportunity Commission.

Statistics. The Committee notes that, according to the National Labour Force Survey 2016–17, the median monthly cash earnings for persons whose main job is in paid employment was 450,000 and 400,000 Ugandan shilling (UGX) respectively for men and women workers in the public sector, whereas it was UGX 192,000 and UGX100,000 respectively in the private sector, that is, namely 1.9 times more for men than for women. However, it also notes that it is not indicated if these figures refer to the same number of hours worked per month. The Committee also notes that the Uganda Bureau of Statistics, in its Strategy for the Development of Gender Statistics 2018/19 – 2019/20, indicates that special surveys, such as gender pay gap surveys, can be conducted to capture gender statistics. The Committee requests the Government to indicate if any specific gender pay gap survey has been conducted and to provide any updated statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee noted that the definition of “wages” in section 2 of the Employment Act, 2006 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. With a view to implementing fully the principle of equal remuneration for work of equal value, the Committee requested the Government to amend the legislation to ensure that “remuneration” is defined so as to include 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. The Committee notes the Government’s statement, in its report, that amendments of the Employment Act, 2006 have been drafted which will address, inter alia, the concerns raised in relation to the definition of remuneration. The Committee requests the Government to provide information regarding the progress made to amend the legislation in order to ensure that “remuneration” is defined so as to include not only the ordinary, basic or minimum wage or salary but also 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. Please provide a copy of the amended legislation once adopted.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. Previously, the Committee requested the Government to provide details on the method and criteria used for the comprehensive job analysis undertaken for the entire public service, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales. It notes the Government’s reply that the method used by the Ministry of Public Service for job analysis included data collection and research to guide job analysis, consultations with stakeholders to obtain their input and ownership, development or review of the jobs, systems, and structures and submission of the proposal to Cabinet for approval before implementation. In this regard, the Committee recalls that the analytical method (also referred to as “point method”) – which allows for all the requirements of the jobs to be systematically examined, evaluated and compared, using common, precise and detailed criteria – is recognized as the most appropriate evaluation method for pay equity purposes (see the General Survey on the fundamental Conventions, 2012, paragraph 700). The Committee notes that the Government did not indicate if the method used by the Ministry of Public Service was analytical (based on a point system) and did not provide any information on the results achieved. The Committee once again requests the Government to indicate which type of method was used in that job evaluation exercise and how it is ensured that the criteria used are free of gender bias so that the evaluation factors, such as qualifications, efforts, responsibility and working conditions, in jobs predominantly occupied by women are not undervalued in comparison to those in jobs predominantly occupied by men. The Committee also requests the Government to provide information on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes that, in February 2019, the Parliament passed the Minimum Wage Bill, which sought to set up a minimum wage determination mechanism across different sectors of the economy, but that, in August 2019, the President declined to assent to the Bill and rejected it in its entirety. The Committee also notes the Government’s indication, in reply to its previous comment, that the Minimum Wages Advisory Board undertook a comprehensive study of the economy and that its report, making recommendations to the Government on the feasibility of fixing a minimum wage in the country, has been submitted to Cabinet for discussion and approval by the end of November 2019. In this regard, the Committee refers to the observation it adopted in 2018 on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) by Uganda, where it noted with concern that the minimum wage, which was last set in 1984, had yet to be adjusted. In this regard, the Committee recalls that the setting of minimum wages is an important means by which the Convention is applied given that, as women predominate in low-wage employment and a uniform national minimum-wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (see the 2012 General Survey, paragraphs 682–683). The Committee requests the Government to provide information on any progress made towards the adoption of minimum-wage schemes and on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of such schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the term of office of the Labour Advisory Board established in 2015 for three years expired and that the process of establishing a new board was in progress at the time of the Government’s report. The Committee requests the Government to provide information on the establishment of the new Labour Advisory Board as well as its activities and any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee notes the information provided by the Government on the Fifth Annual Report of the Equal Opportunity Commission.

Statistics. The Committee notes that, according to the National Labour Force Survey 2016–17, the median monthly cash earnings for persons whose main job is in paid employment was 450,000 and 400,000 Ugandan shilling (UGX) respectively for men and women workers in the public sector, whereas it was UGX 192,000 and UGX100,000 respectively in the private sector, that is, namely 1.9 times more for men than for women. However, it also notes that it is not indicated if these figures refer to the same number of hours worked per month. The Committee also notes that the Uganda Bureau of Statistics, in its Strategy for the Development of Gender Statistics 2018/19 – 2019/20, indicates that special surveys, such as gender pay gap surveys, can be conducted to capture gender statistics. The Committee requests the Government to indicate if any specific gender pay gap survey has been conducted and to provide any updated statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

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

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 2017.

Repetition

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that section 6(6) and (7) of the Employment Act, 2006, provides for the principle of equal remuneration for men and women for work of equal value. However, the legislation does not spell out an explicit definition of “remuneration”. The definition of “wages” in section 2 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee further recalls that the use of “any additional emoluments whatsoever” in the definition of “remuneration” set out in Article 1(a) of the Convention requires that all elements that a worker may receive for his or her work are taken into account when comparing remunerations to implement the principle of equal remuneration for work of equal value. For the purpose of applying the principle of equal remuneration for men and women for work of equal value as provided for in the Employment Act, 2006, the Committee requests the Government to amend the legislation to ensure that “remuneration” is defined so as to include 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 thereby fully implement the Convention.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. The Committee notes the Government’s indication that salaries are attached to job titles not to job holders, through the process of job evaluation. As far as methods and criteria are concerned, the Government indicates that information relating to the operations and responsibilities of a specific job is analysed, resulting in job descriptions and job specifications. While noting this information, the Committee would like to draw the Government’s attention to the fact that there are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective criteria relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions. Special attention is needed when establishing or reviewing job classifications and corresponding salary scales to ensure that the rates fixed are free from gender bias and in particular that certain skills considered to be “female”, such as manual dexterity or skills required in the caring professions, are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraphs 700–701). Recalling that the Government was referring to a “comprehensive job analysis” undertaken for the entire public service in its previous report of 2015, the Committee once again requests the Government to provide details on the method and criteria used for this analysis, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes the Government’s indications that it has appointed the Minimum Wages Advisory Board “to ensure equal pay for equal work regardless of gender”. The Committee recalls that, as women are often concentrated in low-paid jobs, the fixing of minimum wages can make an important contribution to the application of the principle of “equal remuneration for men and women for work of equal value” (that is, not only for “equal” or “similar” work but also work that is of an entirely different nature which is nevertheless of equal value as determined through objective job evaluation). It is therefore important to ensure that the job evaluation method used to design or adjust sectoral or occupational minimum wage schemes is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female”, as mentioned earlier, are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration by the Minimum Wages Advisory Board, throughout the development of the new minimum wages schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Labour Board produced a report highlighting the principle of the Convention. The Committee requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. The Committee asks the Government to continue to provide information on any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee recalls that the Equal Opportunities Commission (EOC) is an independent constitutional body with powers to receive, investigate, hear and determine complaints for discrimination, and raise awareness of equal opportunities and affirmative actions. The Committee requests the Government to provide information on the enforcement and awareness-raising activities conducted by the EOC relating specifically to the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide any statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

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

Article 1(a) of the Convention. Definition of remuneration. Legislation. The Committee recalls that section 6(6) and (7) of the Employment Act, 2006, provides for the principle of equal remuneration for men and women for work of equal value. However, the legislation does not spell out an explicit definition of “remuneration”. The definition of “wages” in section 2 excludes explicitly “contributions made or to be made by the employer in respect of his or her employee’s insurance, medical care, welfare, education, training, invalidity, retirement pension, post-service gratuity or severance allowance”. The Committee further recalls that the use of “any additional emoluments whatsoever” in the definition of “remuneration” set out in Article 1(a) of the Convention requires that all elements that a worker may receive for his or her work are taken into account when comparing remunerations to implement the principle of equal remuneration for work of equal value. For the purpose of applying the principle of equal remuneration for men and women for work of equal value as provided for in the Employment Act, 2006, the Committee requests the Government to amend the legislation to ensure that “remuneration” is defined so as to include 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 thereby fully implement the Convention.

Articles 2 and 3. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. Objective job evaluation. The Committee notes the Government’s indication that salaries are attached to job titles not to job holders, through the process of job evaluation. As far as methods and criteria are concerned, the Government indicates that information relating to the operations and responsibilities of a specific job is analysed, resulting in job descriptions and job specifications. While noting this information, the Committee would like to draw the Government’s attention to the fact that there are different methods of job evaluation. For the purpose of ensuring gender equality in the determination of remuneration, analytical methods of job evaluation have been found to be the most effective. Such methods analyse and classify jobs on the basis of objective criteria relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions. Special attention is needed when establishing or reviewing job classifications and corresponding salary scales to ensure that the rates fixed are free from gender bias and in particular that certain skills considered to be “female”, such as manual dexterity or skills required in the caring professions, are not undervalued (see General Survey of 2012 on the fundamental Conventions, paragraphs 700–701). Recalling that the Government was referring to a “comprehensive job analysis” undertaken for the entire public service in its previous report of 2015, the Committee once again requests the Government to provide details on the method and criteria used for this analysis, as well as on the results achieved in terms of changes in the established job classifications and corresponding salary scales.

Minimum wages. The Committee notes the Government’s indications that it has appointed the Minimum Wages Advisory Board “to ensure equal pay for equal work regardless of gender”. The Committee recalls that, as women are often concentrated in low-paid jobs, the fixing of minimum wages can make an important contribution to the application of the principle of “equal remuneration for men and women for work of equal value” (that is, not only for “equal” or “similar” work but also work that is of an entirely different nature which is nevertheless of equal value as determined through objective job evaluation). It is therefore important to ensure that the job evaluation method used to design or adjust sectoral or occupational minimum wage schemes is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female”, as mentioned earlier, are not undervalued or even overlooked, in comparison with traditionally “male” skills (see 2012 General Survey, paragraph 706). The Committee requests the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is taken into consideration by the Minimum Wages Advisory Board, throughout the development of the new minimum wages schemes, in particular in sectors with a high proportion of women.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the Labour Board produced a report highlighting the principle of the Convention. The Committee requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. The Committee asks the Government to continue to provide information on any other initiatives undertaken by workers’ and employers’ organizations with a view to promoting the principle of the Convention.

Awareness-raising activities and enforcement. Specialized body. The Committee recalls that the Equal Opportunities Commission (EOC) is an independent constitutional body with powers to receive, investigate, hear and determine complaints for discrimination, and raise awareness of equal opportunities and affirmative actions. The Committee requests the Government to provide information on the enforcement and awareness-raising activities conducted by the EOC relating specifically to the principle of equal remuneration for men and women for work of equal value.

Statistics. The Committee requests the Government to provide any statistical data available on the distribution of men and women in the public and private sectors and their corresponding earnings and any statistical information available relating specifically to the gender pay gap.

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comments, the Committee had noted that although sections 6(6) and 6(7) of the Employment Act espouse the principle of equal remuneration for men and women for work of equal value, the legislation does not provide a definition of “remuneration” per se. While “wages” are defined in section 2, this is narrower than that of remuneration as defined under the Convention due to the exclusion of benefits. Noting that the Government report is silent on the issue, the Committee wishes to recall that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on the fundamental Conventions, 2012, paragraphs 686–687, 690–691). The Committee therefore repeats its request to the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to all aspects of remuneration, including the contributions excluded from the definition of “wages” in section 2 of the Employment Act.

Article 2. Application of the principle of equal remuneration for work of equal value in the wage determination machinery in the public sector. The Committee notes that the Public Service Negotiating and Arbitration Council collectively negotiates with the Government regarding the terms and conditions of work in the public service, with the resulting agreement regarding pay communicated to the entire service. However, there is no information on how exactly the principle enshrined in the Convention is taken into account concretely when both parties are negotiating. Consequently, the Committee requests the Government to provide more detailed information of this collective negotiation process, specifically regarding measures taken to ensure the principle of equal remuneration for work of equal value between men and women is reflected in this process. It also requests the Government to provide statistical data on the distribution of men and women in the public sector by earnings’ levels and hours of work.

Article 3. Objective job evaluation. The Committee notes the Government’s repeated indication that it has carried out a comprehensive job analysis for the entire public service, and that the private sector is yet to implement the newly formulated performance management model which is gender bias free. The Committee requests once again the Government to specify the methods and criteria used for the evaluation of jobs in the public service, in particular, how it ensures that the methods applied are objective and free from gender bias. It also requests the Government to provide information on the outcome of the public service job analysis, including the impact on the wages of male and female workers respectively. The Committee further requests the Government for information on measures taken to promote the use of the objective job evaluation method with private corporations.

Minimum wages. In its initial report submitted to the Committee on Economic, Social and Cultural Rights (E/C.12/UGA/1, 5 December 2013, paragraphs 68–70), the Government indicated that it is in the process of reconstituting the minimum wage advisory board in the department of labour in the Ministry of Gender, Labour and Social Development to set the minimum wage and recognized that there could be a segregation of women into low-paying sectors: 50 per cent of employed women are in the three lowest paying sectors, that is agriculture, housing, mining and quarrying compared to 33 per cent of men. In recent years, the important role of minimum wages in the context of wage-determination has been a particular focus of the Committee as, although not expressly required under the Convention, the setting of minimum wages is an important means by which it is applied in practice. The Committee recalls that minimum wage rates should be fixed based on objective criteria, free from gender bias. The Committee therefore invites the Government to provide information on measures taken to ensure the principle of equal remuneration for men and women for work of equal value is taken into consideration throughout the development of the new minimum wage scheme to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed (General Survey on fundamental Conventions, 2012, paragraph 683).

Article 4. Cooperation with employers’ and workers’ organizations. The Committee requests once again the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. Please provide also information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Parts III and IV of the report form. Awareness-raising activities. The Committee notes the Government’s repeated indication that the Equal Opportunities Commission has developed and implemented awareness-raising initiatives on gender issues and equal remuneration. The Committee repeats its request to the Government to provide further information on the specific objectives and content of the awareness-raising initiatives and workshops to which the Government refers and their impact.

Enforcement. The Committee notes the Government’s brief indication that the Equal Opportunities Commission hears appeals from complaints, but observes that it remains silent regarding the Committee’s requests for information on the complaints themselves and their outcomes, as well as information regarding infringements detected by the labour inspectorate and other judicial or administrative decisions. Therefore the Committee reiterates its request to the Government to provide information on the complaints lodged before the Equal Opportunities Commission regarding unequal remuneration, including the outcomes thereof. It also repeats its request for information on any infringements detected by or brought to the attention of the labour inspectorate, as well as on any judicial or administrative decisions applying the principle of equal remuneration for men and women for work of equal value and on the remedies provided. The Committee further repeats its request to the Government to provide information on any specific measures taken by the Ministry of Gender, Labour and Social Development with a view to ensuring full application of the principle of the Convention.

Part V. The Committee notes that the Government did not reply to its previous request for information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. The Committee repeats its request to the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also repeats its request to the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap. The Committee also requests the Government to provide a copy of the most recent Labour Market Bulletin of the Directorate of Labour.

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) of the Convention. Remuneration. The Committee notes the Government’s indication that, while the Employment Act contains no definition of the term “remuneration”, section 6(6) and (7) of the Act is in line with the spirit of the Convention. The Committee recalls that although section 6(6) and (7) provide for the principle of equal remuneration for men and women for work of equal value, the Employment Act does not define “remuneration”. Pursuant to section 2, “wages” are defined, but in a manner narrower than the Convention, as certain benefits are not included. The Committee recalls further that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on the fundamental Conventions, 2012, paragraphs 686–687, 690–691). The Committee asks the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to all aspects of remuneration, including the contributions excluded from the definition of “wages” in section 2 of the Employment Act.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee reiterates its request for information on how it is ensured in practice that the principle of equal remuneration for work of equal value is promoted and applied in the context of wage-setting processes in the public and private sectors. In particular, the Committee asks the Government to provide information on whether and how the special body established under the Public Service (Negotiating Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiation on terms and conditions of employment for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s brief indication that it has carried out a comprehensive job analysis in the public service. It also notes the Government’s statement that, in the private sector, enterprises are encouraged to develop human resources policies that are in line with the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to specify the methods and criteria used for the evaluation of jobs in the public service, in particular, how it ensures that the methods applied are objective and free from gender bias. Please also provide information on the outcome of the public service job analysis, including the impact on the wages of male and female workers respectively. The Committee also asks the Government to provide information on specific measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee once again requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. Please provide information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Parts III and IV of the report form. Awareness-raising activities. The Committee notes the Government’s indication that the Equal Opportunities Commission, in collaboration with the Directorate of Labour, has developed and implemented awareness-raising initiatives on gender issues and equal remuneration, both in the form of workshops and through media campaigns. The Committee asks the Government to provide further information on the specific objectives and content of the awareness-raising initiatives and workshops to which the Government refers.

Enforcement. The Committee previously noted the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. The Committee also noted the observations made by the National Organisation of Trade Unions (NOTU) in a communication dated 31 August 2012 concerning the absence of a mechanism to enforce the provisions of the Convention. While noting that the Government’s report does not specifically reply to the issue raised by the NOTU, the Committee takes note of the Government’s brief indication that the Equal Opportunities Commission has been conducting investigations and holding hearings in response to discrimination complaints. In this connection, the Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of October 2010, expressed concern about the lack of a comprehensive and effective complaints system for women. The CEDAW emphasized that mechanisms to enforce provisions on non-discrimination are not widely known and remain inaccessible to women (CEDAW/C/UGA/CO/7, 22 October 2010, paragraph 17). The Committee asks the Government to provide information on the complaints lodged before the Equal Opportunities Commission regarding unequal remuneration, including the outcomes thereof. Please also provide information on any infringements detected by or brought to the attention of the labour inspectorate, as well as on any judicial or administrative decisions applying the principle of equal remuneration for men and women for work of equal value and on the remedies provided. The Committee further asks the Government to provide information on any specific measures taken by the Ministry of Gender, Labour and Social Development with a view to ensuring full application of the principle of the Convention.

Part V. The Committee previously noted that, according to the Uganda National Household Survey 2005–06, the majority of women were concentrated in the agricultural sector and that the gender wage gap was wider in the private sector. The Committee notes the Government’s statement that sex disaggregated data and statistical information on the distribution of men and women in different occupations and respective wages are made available in the national Labour Force and Household Surveys, as well as in the Labour Market Bulletin of the Directorate of Labour. The Committee notes in this regard that, according to the Uganda National Household Survey 2009–10, the private sector continues to present a wider gender wage gap, with women earning on average 40 per cent less than their male counterparts. The Committee therefore asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also requests the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap. Please also provide a copy of the most recent Labour Market Bulletin of the Directorate of Labour.

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

Article 1(a) of the Convention. Remuneration. The Committee notes the Government’s indication that, while the Employment Act contains no definition of the term “remuneration”, section 6(6) and (7) of the Act is in line with the spirit of the Convention. The Committee recalls that although section 6(6) and (7) provide for the principle of equal remuneration for men and women for work of equal value, the Employment Act does not define “remuneration”. Pursuant to section 2, “wages” are defined, but in a manner narrower than the Convention, as certain benefits are not included. The Committee recalls further that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever, payable directly or indirectly, whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on the fundamental Conventions, 2012, paragraphs 686–687, 690–691). The Committee asks the Government to provide information on the measures taken to ensure that the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to all aspects of remuneration, including the contributions excluded from the definition of “wages” in section 2 of the Employment Act.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee reiterates its request for information on how it is ensured in practice that the principle of equal remuneration for work of equal value is promoted and applied in the context of wage-setting processes in the public and private sectors. In particular, the Committee asks the Government to provide information on whether and how the special body established under the Public Service (Negotiating Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiation on terms and conditions of employment for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s brief indication that it has carried out a comprehensive job analysis in the public service. It also notes the Government’s statement that, in the private sector, enterprises are encouraged to develop human resources policies that are in line with the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to specify the methods and criteria used for the evaluation of jobs in the public service, in particular, how it ensures that the methods applied are objective and free from gender bias. Please also provide information on the outcome of the public service job analysis, including the impact on the wages of male and female workers respectively. The Committee also asks the Government to provide information on specific measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee once again requests the Government to provide information on any activities carried out by the Labour Advisory Board to foster respect for the principle of the Convention. Please provide information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Parts III and IV of the report form. Awareness-raising activities. The Committee notes the Government’s indication that the Equal Opportunities Commission, in collaboration with the Directorate of Labour, has developed and implemented awareness-raising initiatives on gender issues and equal remuneration, both in the form of workshops and through media campaigns. The Committee asks the Government to provide further information on the specific objectives and content of the awareness-raising initiatives and workshops to which the Government refers.

Enforcement. The Committee previously noted the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. The Committee also noted the observations made by the National Organisation of Trade Unions (NOTU) in a communication dated 31 August 2012 concerning the absence of a mechanism to enforce the provisions of the Convention. While noting that the Government’s report does not specifically reply to the issue raised by the NOTU, the Committee takes note of the Government’s brief indication that the Equal Opportunities Commission has been conducting investigations and holding hearings in response to discrimination complaints. In this connection, the Committee notes that the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of October 2010, expressed concern about the lack of a comprehensive and effective complaints system for women. The CEDAW emphasized that mechanisms to enforce provisions on non-discrimination are not widely known and remain inaccessible to women (CEDAW/C/UGA/CO/7, 22 October 2010, paragraph 17). The Committee asks the Government to provide information on the complaints lodged before the Equal Opportunities Commission regarding unequal remuneration, including the outcomes thereof. Please also provide information on any infringements detected by or brought to the attention of the labour inspectorate, as well as on any judicial or administrative decisions applying the principle of equal remuneration for men and women for work of equal value and on the remedies provided. The Committee further asks the Government to provide information on any specific measures taken by the Ministry of Gender, Labour and Social Development with a view to ensuring full application of the principle of the Convention.

Part V. The Committee previously noted that, according to the Uganda National Household Survey 2005–06, the majority of women were concentrated in the agricultural sector and that the gender wage gap was wider in the private sector. The Committee notes the Government’s statement that sex disaggregated data and statistical information on the distribution of men and women in different occupations and respective wages are made available in the national Labour Force and Household Surveys, as well as in the Labour Market Bulletin of the Directorate of Labour. The Committee notes in this regard that, according to the Uganda National Household Survey 2009–10, the private sector continues to present a wider gender wage gap, with women earning on average 40 per cent less than their male counterparts. The Committee therefore asks the Government to provide information on the measures taken or envisaged to reduce the persistent gender pay gap in all sectors of the economy, including measures taken to address its underlying causes such as vertical and horizontal occupational segregation. It also requests the Government to continue to provide updated statistical information on the earnings of men and women disaggregated by sex, economic activity and occupation in the public and private sectors in order to assess the progress made in reducing the pay gap. Please also provide a copy of the most recent Labour Market Bulletin of the Directorate of Labour.

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

The Committee notes the observations made by the National Organisation of Trade Unions (NOTU) in a communication dated 31 August 2012 concerning the absence of a mechanism to enforce the provisions of the Convention in the country. The Committee invites the Government to provide its comments thereon.

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. The Committee recalls that Article 1(a), for the purpose of ensuring equal remuneration for men and women, defines “remuneration” in the broadest possible terms, requiring that the Convention’s principle is applied to all elements of remuneration covered by this definition. Noting that the Employment Act contains no definition of the term “remuneration”, the Committee asks the Government to provide information on the meaning of the term “remuneration” as used in section 6(6) and (7) of the Act, which address equal remuneration for women and men for work of equal value.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for men and women for work of equal value is expressly referred to in section 6(6) and (7) of the Employment Act. According to section 6(6), the Minister of Gender, Labour and Social Development and the Labour Advisory Board shall, in discharging their duties, seek to give effect to the principle “of equal remuneration for male and female employees for work of equal value”, while section 6(7) provides that “every employer shall pay male and female equal remuneration for work of equal value”. The Committee asks the Government to provide information on the application in practice of section 6(6) and (7) of the Employment Act, including any specific measures taken by the Minister of Gender, Labour and Social Development and the Labour Advisory Board with a view to ensuring full application of the principle of the Convention.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee notes the Government’s indication that remuneration rates for public servants are established by the Ministry of Public Service and Finance. The Committee also notes that the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act of 2008 provides for the establishment of a consultative machinery mandated to conduct and facilitate consultations, dialogue and negotiations on, among other things, the terms and conditions of service, including remuneration, between, on the one hand, the Government, autonomous bodies, or a local government as the employer and, on the other hand, the Public Service Labour Union. As to the private sector, the Committee notes that, where trade unions exist, the remuneration is negotiated through collective bargaining; otherwise, it is the employer or the management who determine the remuneration rates. The Committee asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is promoted and ensured in the wage-setting processes indicated above. In particular, the Committee would appreciate receiving information on whether and how the special body established under the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiations on terms and conditions of work for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the appraisal of jobs in the public service is regulated by the Government Standing Orders, while in the private sector the methods used vary from organization to organization. However, it is not clear whether the “appraisal systems” referred to in the Government’s report are related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether they are systems to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the evaluation of different jobs on the basis of the work and tasks involved. The Committee also refers the Government to its 2006 general observation on the Convention, particularly to paragraphs 5 and 7, where it highlighted the importance of objective job evaluation, as envisaged in Article 3, for the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reference to the role of the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act. The Committee asks the Government to provide more information on the activities undertaken by this body in so far as they are relevant to the application of the Convention, including information on any measures taken or envisaged by the Labour Advisory Board for the purpose of fostering respect for the principle of the Convention, and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. From the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also notes that the Equal Opportunities Commission is charged with developing, conducting and managing information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee asks the Government to indicate whether any initiatives have been taken by the Equal Opportunities Commission to raise public awareness and foster public understanding of the principle of equal remuneration for work of equal value.

Part IV. The Committee notes the Government’s indication that no information is currently available regarding any decisions handed down by courts of law or other tribunals related to the application of the principle of the Convention and that this information will be provided in the next report. The Committee encourages the Government to gather and submit information on any judicial and administrative decisions related to the application of the Convention, particularly information on any infringements detected by the labour inspectorate service, any cases brought before the labour officers under section 93 of the Employment Act and any appeals lodged with the Industrial Court, as well as information on the sanctions imposed and the remedies provided in such cases.

Part V. ... The Committee asks the Government to continue to provide statistical information on the distribution of women and men in the different occupations and on their respective levels of earnings. Please also provide information on any measures taken or envisaged to reduce the existing gender wage gap and to address its underlying causes, including information on any measures taken to overcome the current occupational sex segregation of the labour market, and the impact thereof.

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

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:

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that Article 1(a), for the purpose of ensuring equal remuneration for men and women, defines “remuneration” in the broadest possible terms, requiring that the Convention’s principle is applied to all elements of remuneration covered by this definition. Noting that the Employment Act contains no definition of the term “remuneration”, the Committee asks the Government to provide information on the meaning of the term “remuneration” as used in section 6(6) and (7) of the Act, which address equal remuneration for women and men for work of equal value.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for men and women for work of equal value is expressly referred to in section 6(6) and (7) of the Employment Act. According to section 6(6), the Minister of Gender, Labour and Social Development and the Labour Advisory Board shall, in discharging their duties, seek to give effect to the principle “of equal remuneration for male and female employees for work of equal value”, while section 6(7) provides that “every employer shall pay male and female equal remuneration for work of equal value”. The Committee asks the Government to provide information on the application in practice of section 6(6) and (7) of the Employment Act, including any specific measures taken by the Minister of Gender, Labour and Social Development and the Labour Advisory Board with a view to ensuring full application of the principle of the Convention.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee notes the Government’s indication that remuneration rates for public servants are established by the Ministry of Public Service and Finance. The Committee also notes that the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act of 2008 provides for the establishment of a consultative machinery mandated to conduct and facilitate consultations, dialogue and negotiations on, among other things, the terms and conditions of service, including remuneration, between, on the one hand, the Government, autonomous bodies, or a local government as the employer and, on the other hand, the Public Service Labour Union. As to the private sector, the Committee notes that, where trade unions exist, the remuneration is negotiated through collective bargaining; otherwise, it is the employer or the management who determine the remuneration rates. The Committee asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is promoted and ensured in the wage-setting processes indicated above. In particular, the Committee would appreciate receiving information on whether and how the special body established under the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiations on terms and conditions of work for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the appraisal of jobs in the public service is regulated by the Government Standing Orders, while in the private sector the methods used vary from organization to organization. However, it is not clear whether the “appraisal systems” referred to in the Government’s report are related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether they are systems to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the evaluation of different jobs on the basis of the work and tasks involved. The Committee also refers the Government to its 2006 general observation on the Convention, particularly to paragraphs 5 and 7, where it highlighted the importance of objective job evaluation, as envisaged in Article 3, for the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reference to the role of the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act. The Committee asks the Government to provide more information on the activities undertaken by this body in so far as they are relevant to the application of the Convention, including information on any measures taken or envisaged by the Labour Advisory Board for the purpose of fostering respect for the principle of the Convention, and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. From the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also notes that the Equal Opportunities Commission is charged with developing, conducting and managing information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee asks the Government to indicate whether any initiatives have been taken by the Equal Opportunities Commission to raise public awareness and foster public understanding of the principle of equal remuneration for work of equal value.

Part IV. The Committee notes the Government’s indication that no information is currently available regarding any decisions handed down by courts of law or other tribunals related to the application of the principle of the Convention and that this information will be provided in the next report. The Committee encourages the Government to gather and submit information on any judicial and administrative decisions related to the application of the Convention, particularly information on any infringements detected by the labour inspectorate service, any cases brought before the labour officers under section 93 of the Employment Act and any appeals lodged with the Industrial Court, as well as information on the sanctions imposed and the remedies provided in such cases.

Part V. The Committee notes the Government’s acknowledgement that, although remuneration is usually determined on the basis of workers’ experience, levels of education and competences required for a particular job, regardless of sex, in practice wage disparities between men and women exist both in the public and in the private sectors. The Committee notes that, according to the Uganda National Household Survey 2005–06, the gender wage gap is wider in the private sector where men’s wages are double those of women. From the same source, it also emerges that women are concentrated in the agricultural sector (79.1 per cent of women work in this sector) where wages are, in general, lower than in other sectors and amount to 50 per cent of the wages received by men. The Government further reports the observations formulated by the workers’ organizations on discrimination with regard to the determination of remuneration rates in the informal economy. The Committee asks the Government to continue to provide statistical information on the distribution of women and men in the different occupations and on their respective levels of earnings. Please also provide information on any measures taken or envisaged to reduce the existing gender wage gap and to address its underlying causes, including information on any measures taken to overcome the current occupational sex segregation of the labour market, and the impact thereof.

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

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:

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that Article 1(a), for the purpose of ensuring equal remuneration for men and women, defines “remuneration” in the broadest possible terms, requiring that the Convention’s principle is applied to all elements of remuneration covered by this definition. Noting that the Employment Act contains no definition of the term “remuneration”, the Committee asks the Government to provide information on the meaning of the term “remuneration” as used in section 6(6) and (7) of the Act, which address equal remuneration for women and men for work of equal value.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for men and women for work of equal value is expressly referred to in section 6(6) and (7) of the Employment Act. According to section 6(6), the Minister of Gender, Labour and Social Development and the Labour Advisory Board shall, in discharging their duties, seek to give effect to the principle “of equal remuneration for male and female employees for work of equal value”, while section 6(7) provides that “every employer shall pay male and female equal remuneration for work of equal value”. The Committee asks the Government to provide information on the application in practice of section 6(6) and (7) of the Employment Act, including any specific measures taken by the Minister of Gender, Labour and Social Development and the Labour Advisory Board with a view to ensuring full application of the principle of the Convention.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee notes the Government’s indication that remuneration rates for public servants are established by the Ministry of Public Service and Finance. The Committee also notes that the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act of 2008 provides for the establishment of a consultative machinery mandated to conduct and facilitate consultations, dialogue and negotiations on, among other things, the terms and conditions of service, including remuneration, between, on the one hand, the Government, autonomous bodies, or a local government as the employer and, on the other hand, the Public Service Labour Union. As to the private sector, the Committee notes that, where trade unions exist, the remuneration is negotiated through collective bargaining; otherwise, it is the employer or the management who determine the remuneration rates. The Committee asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is promoted and ensured in the wage-setting processes indicated above. In particular, the Committee would appreciate receiving information on whether and how the special body established under the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiations on terms and conditions of work for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the appraisal of jobs in the public service is regulated by the Government Standing Orders, while in the private sector the methods used vary from organization to organization. However, it is not clear whether the “appraisal systems” referred to in the Government’s report are related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether they are systems to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the evaluation of different jobs on the basis of the work and tasks involved. The Committee also refers the Government to its 2006 general observation on the Convention, particularly to paragraphs 5 and 7, where it highlighted the importance of objective job evaluation, as envisaged in Article 3, for the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reference to the role of the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act. The Committee asks the Government to provide more information on the activities undertaken by this body in so far as they are relevant to the application of the Convention, including information on any measures taken or envisaged by the Labour Advisory Board for the purpose of fostering respect for the principle of the Convention, and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. From the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also notes that the Equal Opportunities Commission is charged with developing, conducting and managing information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee asks the Government to indicate whether any initiatives have been taken by the Equal Opportunities Commission to raise public awareness and foster public understanding of the principle of equal remuneration for work of equal value.

Part IV. The Committee notes the Government’s indication that no information is currently available regarding any decisions handed down by courts of law or other tribunals related to the application of the principle of the Convention and that this information will be provided in the next report. The Committee encourages the Government to gather and submit information on any judicial and administrative decisions related to the application of the Convention, particularly information on any infringements detected by the labour inspectorate service, any cases brought before the labour officers under section 93 of the Employment Act and any appeals lodged with the Industrial Court, as well as information on the sanctions imposed and the remedies provided in such cases.

Part V. The Committee notes the Government’s acknowledgement that, although remuneration is usually determined on the basis of workers’ experience, levels of education and competences required for a particular job, regardless of sex, in practice wage disparities between men and women exist both in the public and in the private sectors. The Committee notes that, according to the Uganda National Household Survey 2005–06, the gender wage gap is wider in the private sector where men’s wages are double those of women. From the same source, it also emerges that women are concentrated in the agricultural sector (79.1 per cent of women work in this sector) where wages are, in general, lower than in other sectors and amount to 50 per cent of the wages received by men. The Government further reports the observations formulated by the workers’ organizations on discrimination with regard to the determination of remuneration rates in the informal economy. The Committee asks the Government to continue to provide statistical information on the distribution of women and men in the different occupations and on their respective levels of earnings. Please also provide information on any measures taken or envisaged to reduce the existing gender wage gap and to address its underlying causes, including information on any measures taken to overcome the current occupational sex segregation of the labour market, and the impact thereof.

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

The Committee notes the Government’s first report.

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that Article 1(a), for the purpose of ensuring equal remuneration for men and women, defines “remuneration” in the broadest possible terms, requiring that the Convention’s principle is applied to all elements of remuneration covered by this definition. Noting that the Employment Act contains no definition of the term “remuneration”, the Committee asks the Government to provide information on the meaning of the term “remuneration” as used in section 6(6) and (7) of the Act, which address equal remuneration for women and men for work of equal value.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for men and women for work of equal value is expressly referred to in section 6(6) and (7) of the Employment Act. According to section 6(6), the Minister of Gender, Labour and Social Development and the Labour Advisory Board shall, in discharging their duties, seek to give effect to the principle “of equal remuneration for male and female employees for work of equal value”, while section 6(7) provides that “every employer shall pay male and female equal remuneration for work of equal value”. The Committee asks the Government to provide information on the application in practice of section 6(6) and (7) of the Employment Act, including any specific measures taken by the Minister of Gender, Labour and Social Development and the Labour Advisory Board with a view to ensuring full application of the principle of the Convention.

Article 2. Application of the principle of equal remuneration in the public and private sectors. The Committee notes the Government’s indication that remuneration rates for public servants are established by the Ministry of Public Service and Finance. The Committee also notes that the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act of 2008 provides for the establishment of a consultative machinery mandated to conduct and facilitate consultations, dialogue and negotiations on, among other things, the terms and conditions of service, including remuneration, between, on the one hand, the Government, autonomous bodies, or a local government as the employer and, on the other hand, the Public Service Labour Union. As to the private sector, the Committee notes that, where trade unions exist, the remuneration is negotiated through collective bargaining; otherwise, it is the employer or the management who determine the remuneration rates. The Committee asks the Government to indicate how the application of the principle of equal remuneration for work of equal value is promoted and ensured in the wage-setting processes indicated above. In particular, the Committee would appreciate receiving information on whether and how the special body established under the Public Service (Negotiating, Consultative and Dispute Settlement Machinery) Act promotes the application of the principle of the Convention when facilitating negotiations on terms and conditions of work for the public service.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the appraisal of jobs in the public service is regulated by the Government Standing Orders, while in the private sector the methods used vary from organization to organization. However, it is not clear whether the “appraisal systems” referred to in the Government’s report are related to the evaluation of the content of the different jobs for the purpose of determining remuneration or whether they are systems to appraise the performance of individual staff. In this regard, the Committee wishes to clarify that Article 3 is concerned with the evaluation of different jobs on the basis of the work and tasks involved. The Committee also refers the Government to its 2006 general observation on the Convention, particularly to paragraphs 5 and 7, where it highlighted the importance of objective job evaluation, as envisaged in Article 3, for the application of the principle of equal remuneration for work of equal value. The Committee asks the Government to indicate whether methods of objective job evaluation are applied and, if not, whether and if so what measures are being taken or envisaged to promote the use of such methods with regard to both the public and the private sectors.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reference to the role of the Labour Advisory Board, the mandate and composition of which is regulated by sections 21 and 22 of the Employment Act. The Committee asks the Government to provide more information on the activities undertaken by this body in so far as they are relevant to the application of the Convention, including information on any measures taken or envisaged by the Labour Advisory Board for the purpose of fostering respect for the principle of the Convention, and to supply information on any other initiatives undertaken by workers’ and employers’ organizations concerning the promotion of the principle of the Convention.

Part III of the report form. The Committee notes the Government’s indication that the application of the relevant laws and regulations is entrusted to the Ministry of Gender, Labour and Social Development, the Ministry of Public Service, and the Ministry of Finance, Planning and Economic Development. From the information provided by the Government in its report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee also notes that the Equal Opportunities Commission is charged with developing, conducting and managing information and educational programmes to facilitate and promote public awareness, understanding and acceptance of equal opportunities and treatment in employment, occupation, education and all social services. The Committee asks the Government to indicate whether any initiatives have been taken by the Equal Opportunities Commission to raise public awareness and foster public understanding of the principle of equal remuneration for work of equal value.

Part IV. The Committee notes the Government’s indication that no information is currently available regarding any decisions handed down by courts of law or other tribunals related to the application of the principle of the Convention and that this information will be provided in the next report. The Committee encourages the Government to gather and submit information on any judicial and administrative decisions related to the application of the Convention, particularly information on any infringements detected by the labour inspectorate service, any cases brought before the labour officers under section 93 of the Employment Act and any appeals lodged with the Industrial Court, as well as information on the sanctions imposed and the remedies provided in such cases.

Part V. The Committee notes the Government’s acknowledgement that, although remuneration is usually determined on the basis of workers’ experience, levels of education and competences required for a particular job, regardless of sex, in practice wage disparities between men and women exist both in the public and in the private sectors. The Committee notes that, according to the Uganda National Household Survey 2005–06, the gender wage gap is wider in the private sector where men’s wages are double those of women. From the same source, it also emerges that women are concentrated in the agricultural sector (79.1 per cent of women work in this sector) where wages are, in general, lower than in other sectors and amount to 50 per cent of the wages received by men. The Government further reports the observations formulated by the workers’ organizations on discrimination with regard to the determination of remuneration rates in the informal economy. The Committee asks the Government to continue to provide statistical information on the distribution of women and men in the different occupations and on their respective levels of earnings. Please also provide information on any measures taken or envisaged to reduce the existing gender wage gap and to address its underlying causes, including information on any measures taken to overcome the current occupational sex segregation of the labour market, and the impact thereof.