Equal Remuneration Convention, 1951 (No. 100) - Malta (Ratification: 1988)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 2(2)(c), 3 and 4 of the Convention. Minimum wages. Objective job evaluation. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s reiterated statement that the National Minimum Wage National Standard Order, the Wages Council Wage Regulation Orders and collective agreements do not allow wage differentials on the basis of sex. It also notes with regret that once again the Government’s report does not contain any information on this point and recalls that the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are objective and free from gender bias. Once again, the Committee wishes to point out that, even when regulations determining the minimum wage do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination, this will not normally be sufficient to give effect to the Convention as it does not fully capture the concept of work of equal value set out in the Convention. Furthermore, in practice, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraphs 676 and 683). In light of the persisting occupational gender segregation and gender pay gap, the Committee asks once again the Government to provide information on the manner in which, in the minimum wage-fixing process, rates are determined and whether objective job evaluation methods based on objective criteria, free from gender bias (such as qualifications, effort, responsibilities and conditions of work) are used to avoid the undervaluation of occupations predominantly carried out by women in comparison with those predominantly undertaken by men. In this regard, it asks once again the Government to indicate the measures taken to promote the development and use of such methods in the private sector, in collaboration with employers’ and workers’ organizations, as well as in the public sector and provide information on any progress made in this regard.

Awareness-raising and enforcement. The Committee welcomes the Government’s indication that the EU co-funded project “Prepare the Ground for Economic Independence” (PGEI), carried out by the National Commission for the Promotion of Equality (NCPE) and focusing on addressing the gender gaps over the life-cycle, increased awareness on the gender pay gap and the principle of equal pay for work of equal value and empowered trade union representatives with knowledge on equal pay for women and men. The Committee asks the Government to continue to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and provide information on any activities carried out in this regard. In the absence of information on enforcement, it also asks once again the Government to provide specific information on the number, nature and outcomes of cases related to the principle of equal remuneration for men and women for work of equal value dealt with by courts, labour inspectors, the NCPE, as well as any other competent authorities.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. Pay transparency. Equal Pay Tool. The Committee notes that, according to Eurostat, the unadjusted gender pay gap (the difference between average gross hourly earnings of male and female employees as a percentage of male gross earnings) in 2021 was 10.5 per cent and that it is below the average unadjusted gender pay gap in the European Union (13.7 per cent). The Committee notes that, according to the National Commission for the Promotion of Equality (NCPE), the pay gap can be as high as 29.7 per cent in real estate activities and 24.3 per cent in financial and insurance activities. These differences in pay result from various inequalities in the labour market besides discrimination, which include gender segregation in employment and education, the lack of women in managerial positions and the lack of adequate work–life balance. In this regard, the Committee notes from the statement of the United Nations Working Group on discrimination against women and girls made on 7 July 2023 at the end of a 12-day visit in the country that: (1) Malta has faced challenges related to the gender pay gap, with women historically earning less than men for equal or comparable work; and (2) improvements have been made, and the gender pay gap has decreased significantly since 2018 when the country had the highest gender pay gap in Europe. According to the Working Group, women continue to face challenges in reconciling work and family life and sharing care responsibilities equally and gender discrimination often starts in the family and has a negative impact on all areas of girls’ and women’s lives. The Working Group also noted that patriarchal views suggesting that women are less fit to lead have a significant impact on women’s ability to participate in the public and economic life of the country. In addition, the Committee notes that, in 2019, an awareness-raising campaign forming part of the EU co-funded Project “Prepare the Ground for Economic Independence” (PGEI) implemented by the NCPE listed a number of reasons for the discrepancy in pay between women and men: gender segregation in education which ultimately results in gender segregation in the place of work; wage discrimination; part-time work; housework; the “care pay penalty” (i.e. a gap in hourly wages that cannot be attributed to differences in skills, experience or credentials but often to the difficulties encountered by women trying to balance work and care responsibilities); and lack of women in decision-making. In this regard, the Committee also refers the Government to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

The Committee further notes the Government’s indication in its report that, in 2020, the NCPE started developing an Equal Pay Tool within the framework of this project, which will be used to check whether companies opting for the Equal Pay Certification have equal pay for work of equal value between women and men, and to assist them in correcting situations of unequal pay. The Government adds that: (1) the ultimate objective of the Equal Pay Tool is for employers to be able to collect input data about their employees, which would be processed, and then help them identify any discrepancies in employees’ salaries or allowances which are not justifiable; (2) since the creation of the tool in 2020, the NCPE has worked on its finalization by pilot-testing; and (3) the tool is expected to be launched in November 2023 to mark Equal Pay Day and, subsequently, integrated into the NCPE Equality Mark Certification. Noting these positive developments with interest, the Committee asks the Government to continue to take proactive measures, in collaboration with employers’ and workers’ organizations and the NCPE or any other relevant institutions, to address and eliminate the remaining gender pay gap and its underlying causes, including those identified by the NCPE, such as occupational gender segregation, gender stereotypes, and the difficulties for women to access a wider range of studies and jobs at all levels and to reconcile work and family responsibilities. It also asks the Government to provide information on the implementation of the Equal Pay Tool and its impact on the reduction of the gender pay gap and the results achieved at the workplace level. The Government is also asked to continue to provide updated statistical information, disaggregated by economic sector of activity, on the earnings of men and women; and the gender pay gap in the public and private sectors.

Articles 1(b) and 2(2)(a). Equal remuneration for work of equal value. Legislation and application in practice. The Committee recalls that: (1) the general principle of equal pay for work of equal value is enshrined in article 27 of Employment and Industrial Relations Act (EIRA) which provides that “employees in the same class of employment are entitled to the same rate of remuneration for work of equal value”; and (2) “work of equal value” and “remuneration”, as mentioned in section 3(A)(1) of the Equal Treatment in Employment Regulations are not defined by the current legislation but, according to the Government, are determined on a case-by-case basis by the Industrial Tribunal. In the absence of information communicated in this regard, the Committee asks once again the Government to provide specific information on the practical application of section 3(A)(1) of the Equal Treatment in Employment Regulations, including by providing concrete examples on the manner in which the terms “work of equal value” and “remuneration” have been interpreted by the Industrial Tribunal. To ensure that the EIRA permits the broadest comparison possible between jobs, also going beyond the same employer, it asks the Government to indicate how section 27 and, in particular the notion of “same class of employment”, is interpreted when applying the principle of equal remuneration for work of equal value. In addition, it asks once again the Government to: (i) seize every opportunity to ensure that any new or revised legislation will explicitly define and give full expression to the principle of equal remuneration for men and women for work of equal value, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included in “remuneration”; and (ii) provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, as well as a copy of both pieces of legislation once adopted.

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

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

Articles 2 and 4 of the Convention. Minimum wages. Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement, in its report, that the wage councils were replaced by the tripartite Employers Relations Board (ERB), composed of three employers’ representatives, three workers’ representatives as well as three Government’s representatives. It notes the Government’s repeated indication that the standard national minimum wage, wage regulation orders as well as collective agreements do not allow wage differentials on the basis of sex. The Committee wishes to point out that, even when regulations determining the minimum wage do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination, this will not normally be sufficient to give effect to the Convention as it does not fully capture the concept of work of equal value set out in the Convention. Furthermore, in practice, minimum wages are often set at the sectoral level, and there is a tendency to set lower wages for sectors predominantly employing women. Therefore, special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on fundamental Conventions, paragraphs 676 and 683). In light of the persisting occupational gender segregation, the Committee asks the Government to indicate how it is ensured that, in the minimum wage-fixing process, in particular in the framework of the ERB, rates are fixed based on objective criteria, free from gender bias (such as qualifications, effort, responsibilities and conditions of work) and that occupations predominantly carried out by women are not undervalued in comparison with those predominantly undertaken by men. It further asks the Government to provide information on any activities undertaken to raise awareness of the principle of the Convention among the members of the ERB, as well as workers, employers and their representatives, and on any cooperation undertaken with employers’ and workers’ organizations in this regard.

Enforcement. The Committee notes the Government’s indication that, in 2016, three cases dealing with equal pay were brought before courts of which one was concluded in favour of the complainant. The Government adds that an investigation was conducted in 2015 by the National Commission for the Promotion of Equality (NCPE) on a gender discrimination case where it was found that a female manager was paid less than her male counterparts, and that as a result the female manager received a substantial salary increase and a press statement was issued by the NCPE to raise further awareness of employers and enhance transparency in the way in which wages are set. The Committee notes the Government’s general statement that inspectors reported ten cases of discrimination relating to equal treatment in 2015, none in 2016 and one case in 2017. The Committee asks the Government to provide specific information on the number and nature of cases related to the principle of equal remuneration for men and women for work of equal value dealt with by courts, labour inspectors, the NCPE, as well as any other competent authorities, including on the sanctions imposed and remedies provided. In light of the low and decreasing number of cases concerning inequality of remuneration officially registered, it asks the Government to provide information on any activities undertaken or envisaged to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, and on their impact.

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

Legislative developments. The Committee previously requested the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, subsequent to the amendment made in 2007, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. The Committee notes the Government’s general indication, in its report, that “work of equal value” and “remuneration” are determined on a case by case basis by the Industrial Tribunal as these have not been defined by the current legislation. However, the Committee notes that, in its 2018 conclusions, the European Committee of Social Rights (ECSR) concluded that it has not been established that the principle of equal pay is effectively guaranteed in practice (ECSR, conclusions of 2018, p. 12). The Committee further notes that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is under preparation with the aim of presenting the equality legal framework in one comprehensive legislative Act. It further notes that a Human Rights and Equality Commission Bill, which would replace the current National Commission for the Promotion of Equality (NCPE), is also under preparation. Both bills were presented to Parliament in 2017 and are still before Parliament (CRI(2018)19, paragraphs 14 and 18). The Committee reiterates its request to the Government to provide specific information on the practical application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, including by providing concrete examples on the manner in which the terms “work of equal value” and “remuneration” have been interpreted in practice, including by the Industrial Tribunal. It asks the Government to provide a copy of any administrative or judicial decisions concerning equal remuneration for men and women for work of equal value, as well as on any activities undertaken to raise public awareness of the principle of equal remuneration for men and women for work of equal value. The Committee trusts that the Government will seize every opportunity to ensure that any new legislation will explicitly define and give full expression to the principle of equal remuneration between men and women for work of equal value, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”, and asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, as well as a copy of both pieces of legislation once adopted.

Articles 1 and 2 of the Convention. Addressing the gender pay gap. Referring to its previous comments, the Committee notes the Government’s comments concerning the activities carried out by the NCPE in relation to the gender pay gap, such as the organization of a national Conference in 2015, the awarding of the “Equality Mark Certification” to 78 companies by August 2017, as well as awareness-raising activities such as the “PayM€qually” campaign launched in November 2017. It also notes that several initiatives were implemented to enhance women’s participation in decision-making positions. The Committee however notes that, according to the last available Labour Force Survey (LFS) published by the National Statistics Office, although the employment rate of women slightly increased from 59.1 per cent at the end of 2017, to 61.5 per cent at the end of 2018, it remained substantially lower than the employment rate of men (81.2 per cent and 82.3 per cent, respectively). It notes that women are still concentrated in low-paid jobs and continued to be underrepresented in decision-making positions, with only 6.2 per cent of women were employed as managers at the end of 2018, compared to 13.2 per cent of men. The Committee notes with concern that, according to the NCPE annual report, in 2017, women represented only 28.2 per cent of civil servants employed in the top five salary scales, compared to 71.8 per cent of men. It further notes that, according to the LFS, the average annual basic salary of women employed in the same economic activity or in the same occupational group as men was systematically substantially lower than that of men, and that the average pay differentials between men and women increased from 17.9 per cent at the end of 2017, to 18.9 per cent at the end of 2018 (Labour Force Survey (Q4/2018), tables 4 and 10–15, 25 March 2019). It notes that, according to Eurostat, the unadjusted gender pay gap increased from 9.7 per cent in 2013 to 12.2 per cent in 2017. In light of the increasing gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, in collaboration with employers’ and workers’ organizations and the NCPE or any other relevant institution, to raise public awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on the specific measures taken to reduce and address the gender pay gap, including by addressing occupational gender segregation and promoting women’s access to high-level positions and higher-paid jobs and by encouraging more girls to take up Science, Technology, Engineering and Mathematics (STEM) subjects which can lead to better paid and more secure jobs. It asks the Government to continue to provide updated statistical information on the earnings of men and women in the public and private sectors, disaggregated by economic activity and occupation.

Article 3. Objective job evaluation. The Committee previously requested the Government to provide information on the measures taken to implement the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. Noting the Government’s statement that it needs to be ensured that the principle of the Convention is implemented in practice to continue combating gender discrimination in employment, the Committee wishes to recall that no society is free from discrimination and constant efforts are needed to take action against it. Furthermore, the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 701). The Committee again asks the Government to indicate the measures taken to promote the development and use of job evaluation methods based on objective criteria in the private sector, in collaboration with employers’ and workers’ organizations, as well as in the public sector. It asks the Government to provide information on any progress made in this regard.

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

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

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

Repetition

Legislative developments. The Committee notes that the Government provided no information on the application of relevant legal provisions subsequent to the amendment made in 2007 to the Equal Treatment in Employment Regulations. The Committee again asks the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations so as to give full effect to the principle of the Convention, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to EUROSTAT the gender pay gap for 2012 was 6.1 per cent. The Committee further notes the research report published by the National Commission for the Promotion of Equality (NCPE) in 2012 as part of its “Unlocking the Female Potential” project, in which the Commission recognized the prevailing occupational sex segregation contributing to the gender pay gap and suggested that the Government “improve the remuneration of low paid female-dominated jobs”. The NCPE also found that despite the advancement of women in education, they continue to be underrepresented in managerial positions. The Committee also notes that as part of the project on “Gender Balance in Decision-Making,” the NCPE is planning to carry out two additional research studies, respectively addressing the low representation of women among company board members and assessing the possibility of introducing a quota system to remedy this problem. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, including measures to address occupational sex segregation and to promote women in higher-paid jobs and high-level positions. It also asks the Government to provide information on the findings of relevant research projects undertaken by the NCPE on this issue. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent, and evolution of the gender pay gap, the Committee once again asks the Government to take steps to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. The Committee notes that, in reply to its request for information regarding the methodology used by Wage Councils to ensure that jobs predominantly undertaken by women are not undervalued in determining wage rates, the Government reiterates that wage orders do not allow differentiations based on sex. In light of the occupational sex segregation and the tendency to set lower wages for sectors predominantly employing women, the Committee recalls that the lack of an explicit differentiation between men and women in wage orders is not sufficient to ensure that there is no gender bias in the process (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to provide information on the rates set by wage orders applying to certain sectors of the labour force, including sectors in which either women or men are predominantly employed, and on the manner in which the process for determining these rates remains free from gender bias. The Committee further asks the Government to indicate how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. The Committee recalls its previous comments requesting the Government to provide information on measures taken to implement the recommendations of the NCPE regarding objective job evaluation. The Committee notes the Government’s statement that both trade unions and employers cooperate in applying the Convention. The Committee again asks the Government to provide information on the steps taken for the implementation of the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. The Committee also asks the Government to provide information on measures taken to raise awareness on the concept of “work of equal value” and the importance of objectively evaluating jobs free from gender bias and to promote the application of the principle through collective agreements.

Enforcement. The Committee once again asks the Government to provide information on judicial or administrative decisions relating to the principle of the Convention. The Committee also asks the Government to include information on relevant violations reported to or detected by labour inspectors.

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

Legislative developments. The Committee notes that the Government provided no information on the application of relevant legal provisions subsequent to the amendment made in 2007 to the Equal Treatment in Employment Regulations. The Committee again asks the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations so as to give full effect to the principle of the Convention, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes that according to EUROSTAT the gender pay gap for 2012 was 6.1 per cent. The Committee further notes the research report published by the National Commission for the Promotion of Equality (NCPE) in 2012 as part of its “Unlocking the Female Potential” project, in which the Commission recognized the prevailing occupational sex segregation contributing to the gender pay gap and suggested that the Government “improve the remuneration of low paid female-dominated jobs”. The NCPE also found that despite the advancement of women in education, they continue to be underrepresented in managerial positions. The Committee also notes that as part of the project on “Gender Balance in Decision-Making,” the NCPE is planning to carry out two additional research studies, respectively addressing the low representation of women among company board members and assessing the possibility of introducing a quota system to remedy this problem. The Committee asks the Government to provide information on the measures taken to reduce the gender pay gap, including measures to address occupational sex segregation and to promote women in higher-paid jobs and high-level positions. It also asks the Government to provide information on the findings of relevant research projects undertaken by the NCPE on this issue. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent, and evolution of the gender pay gap, the Committee once again asks the Government to take steps to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. The Committee notes that, in reply to its request for information regarding the methodology used by Wage Councils to ensure that jobs predominantly undertaken by women are not undervalued in determining wage rates, the Government reiterates that wage orders do not allow differentiations based on sex. In light of the occupational sex segregation and the tendency to set lower wages for sectors predominantly employing women, the Committee recalls that the lack of an explicit differentiation between men and women in wage orders is not sufficient to ensure that there is no gender bias in the process (see General Survey on the fundamental Conventions, 2012, paragraph 683). The Committee asks the Government to provide information on the rates set by wage orders applying to certain sectors of the labour force, including sectors in which either women or men are predominantly employed, and on the manner in which the process for determining these rates remains free from gender bias. The Committee further asks the Government to indicate how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. The Committee recalls its previous comments requesting the Government to provide information on measures taken to implement the recommendations of the NCPE regarding objective job evaluation. The Committee notes the Government’s statement that both trade unions and employers cooperate in applying the Convention. The Committee again asks the Government to provide information on the steps taken for the implementation of the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. The Committee also asks the Government to provide information on measures taken to raise awareness on the concept of “work of equal value” and the importance of objectively evaluating jobs free from gender bias and to promote the application of the principle through collective agreements.

Enforcement. The Committee once again asks the Government to provide information on judicial or administrative decisions relating to the principle of the Convention. The Committee also asks the Government to include information on relevant violations reported to or detected by labour inspectors.

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

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

Legislative developments. The Committee previously noted the amendment of the Equal Treatment in Employment Regulations, and asked for information on the application of the various relevant legal provisions so as to give effect to the principle of equal remuneration for men and women for work of equal value. Noting that the Government has not provided any information in this regard, the Committee again asks that specific information be provided on the application of the legal provisions so as to give full effect to the principle of the Conventions, including on the manner in which “work of equal value” is determined, and what is included in “remuneration”.

Gender pay gap. With reference to its request for information regarding measures taken to reduce the gender pay gap, including through addressing occupational segregation, the Committee notes that the Government indicates in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that a range of measures have been undertaken through the National Commission for the Promotion of Equality (NCPE). In this context, a project on “Unlocking the Female Potential” was initiated in 2009 with the aim of contributing to increasing the female employment rate through research, including identifying the reasons why women are still under-represented in decision-making positions, and promoting the reconciliation of work and family responsibilities. The Committee also notes that, according to the 2010 Annual Report of the NCPE, through the Gender Pay 2010 Campaign, the NCPE sought to raise awareness on the gender pay gap by distributing to interested stakeholders a toolbox, comprising a leaflet, poster and map of the average gender pay gap in different EU Member States. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) raises concerns regarding the situation of women in the labour market, which was characterized, in spite of women’s high level of education, by persistent high female unemployment, the concentration of women in low-paid sectors of employment, the wage gap between women and men and the fact that a significant number of women leave the workforce after childbirth. CEDAW recommends that efforts be strengthened to eliminate occupational segregation, both horizontal and vertical, and to narrow and close the wage gap between women and men (CEDAW/C/MLT/CO/4, 9 November 2010, paragraphs 32 and 33). The Committee asks the Government to continue to provide information on the specific measures taken to reduce the gender pay gap, including through measures to promote women’s access to a wider range of jobs, including higher paid jobs and higher level positions. Please provide further information on the outcome of the NCPE research and activities, including any recommendations made and follow-up thereto, and any results achieved. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent and evolution of the remuneration gap between men and women, the Committee asks the Government to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. In response to the Committee’s previous request regarding the methodology used by the Wage Councils to ensure that when determining wage rates, those jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men, the Government again states that the same minimum rates apply to all jobs and professions, including those which could be predominantly or exclusively undertaken by women. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and that due to occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The fact that wage orders do not make a distinction between men and women is not sufficient to ensure that the process is free from gender bias. The Committee, therefore, again asks the Government to provide information on how it is ensured that the setting of rates in wage orders is free from gender bias, and on how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. In its previous comments, the Committee had requested information on the measures taken to implement the recommendations of the NCPE, in its study entitled “Gender Pay Review” conducted in 2006, with respect to the adoption of specific measures to establish a system of objective job evaluation as well as “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide information on any progress made in implementing the recommendations of the NCPE with respect to job evaluation, or any other measures taken to promote objective job evaluation methods. The Committee also again requests information on awareness-raising activities, with the cooperation of the social partners, concerning the concept of “work of equal value” and the importance of using objective job evaluation free from gender bias, including in the determination of wage rates in collective agreements. Please also provide information on the findings of the study by the Department of Industrial and Employment Relations analysing the content of collective agreements, and on any measures taken to promote the inclusion of the principle of the Convention in collective agreements, and any results achieved.

Parts III and IV of the report form. The Committee had asked the Government to provide information on the cases of alleged violations of the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that during 2009, there was one case being dealt with by the Industrial Tribunal regarding alleged violations of the principle of equal pay for work of equal value, and the case was decided in favour of the complainant. The Committee notes that the case concerns equal pay between two women. The Committee once again asks the Government to provide information on any judicial or administrative decisions relating to the principle of equal remuneration for men and women for work of equal value, and any relevant violations reported to or detected by the labour inspectors.

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

Legislative developments. The Committee previously noted the amendment of the Equal Treatment in Employment Regulations, and asked for information on the application of the various relevant legal provisions so as to give effect to the principle of equal remuneration for men and women for work of equal value. Noting that the Government has not provided any information in this regard, the Committee again asks that specific information be provided on the application of the legal provisions so as to give full effect to the principle of the Conventions, including on the manner in which “work of equal value” is determined, and what is included in “remuneration”.

Gender pay gap. With reference to its request for information regarding measures taken to reduce the gender pay gap, including through addressing occupational segregation, the Committee notes that the Government indicates in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111) that a range of measures have been undertaken through the National Commission for the Promotion of Equality (NCPE). In this context, a project on “Unlocking the Female Potential” was initiated in 2009 with the aim of contributing to increasing the female employment rate through research, including identifying the reasons why women are still under-represented in decision-making positions, and promoting the reconciliation of work and family responsibilities. The Committee also notes that, according to the 2010 Annual Report of the NCPE, through the Gender Pay 2010 Campaign, the NCPE sought to raise awareness on the gender pay gap by distributing to interested stakeholders a toolbox, comprising a leaflet, poster and map of the average gender pay gap in different EU Member States. The Committee also notes that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) raises concerns regarding the situation of women in the labour market, which was characterized, in spite of women’s high level of education, by persistent high female unemployment, the concentration of women in low-paid sectors of employment, the wage gap between women and men and the fact that a significant number of women leave the workforce after childbirth. CEDAW recommends that efforts be strengthened to eliminate occupational segregation, both horizontal and vertical, and to narrow and close the wage gap between women and men (CEDAW/C/MLT/CO/4, 9 November 2010, paragraphs 32 and 33). The Committee asks the Government to continue to provide information on the specific measures taken to reduce the gender pay gap, including through measures to promote women’s access to a wider range of jobs, including higher paid jobs and higher level positions. Please provide further information on the outcome of the NCPE research and activities, including any recommendations made and follow-up thereto, and any results achieved. Recalling that statistical information is essential to allow an adequate assessment of the nature, extent and evolution of the remuneration gap between men and women, the Committee asks the Government to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

Article 2(2)(b) of the Convention. Wage orders. In response to the Committee’s previous request regarding the methodology used by the Wage Councils to ensure that when determining wage rates, those jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men, the Government again states that the same minimum rates apply to all jobs and professions, including those which could be predominantly or exclusively undertaken by women. The Committee recalls that there is a tendency to set lower wage rates for sectors predominantly employing women, and that due to occupational segregation, particular attention is needed in setting sectoral minimum wages to ensure that the rates fixed are free from gender bias. The fact that wage orders do not make a distinction between men and women is not sufficient to ensure that the process is free from gender bias. The Committee, therefore, again asks the Government to provide information on how it is ensured that the setting of rates in wage orders is free from gender bias, and on how the Wage Councils promote equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation and cooperation with the social partners. In its previous comments, the Committee had requested information on the measures taken to implement the recommendations of the NCPE, in its study entitled “Gender Pay Review” conducted in 2006, with respect to the adoption of specific measures to establish a system of objective job evaluation as well as “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”. Noting that the Government has not provided any information in this regard, the Committee again asks the Government to provide information on any progress made in implementing the recommendations of the NCPE with respect to job evaluation, or any other measures taken to promote objective job evaluation methods. The Committee also again requests information on awareness-raising activities, with the cooperation of the social partners, concerning the concept of “work of equal value” and the importance of using objective job evaluation free from gender bias, including in the determination of wage rates in collective agreements. Please also provide information on the findings of the study by the Department of Industrial and Employment Relations analysing the content of collective agreements, and on any measures taken to promote the inclusion of the principle of the Convention in collective agreements, and any results achieved.

Parts III and IV of the report form. The Committee had asked the Government to provide information on the cases of alleged violations of the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that during 2009, there was one case being dealt with by the Industrial Tribunal regarding alleged violations of the principle of equal pay for work of equal value, and the case was decided in favour of the complainant. The Committee notes that the case concerns equal pay between two women. The Committee once again asks the Government to provide information on any judicial or administrative decisions relating to the principle of equal remuneration for men and women for work of equal value, and any relevant violations reported to or detected by the labour inspectors.

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 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value through legislation and Wage Orders. The Committee notes with interest the recent amendment of the Equal Treatment in Employment Regulations 2004 (by Legal Notice 137 of 2007) which provides that “for the same work or for work to which equal value is attributed, there shall be no direct or indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration” (section 3A(1)). It further notes that pursuant to section 3A(2) of these Regulations the employer shall ensure that where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the application of the legal provisions so as to give effect to the principle of “equal remuneration between men and women for work of equal value”, in particular on the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. While noting the Government’s statement that the wage rates stipulated in Wage Regulation Orders are the minimum wage rates applicable to all grades across the sectors and industries concerned, the Committee reiterates its previous request regarding the methodology used by the Wages Council to ensure that, when determining such rates, those jobs and professions which are predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work and using different skills.

Article 2(2)(a). Application of the principle through collective agreements. The Committee notes the Government’s indication that the Department of Industrial and Employment Relations is going to analyse the content of finalized collective agreements, including rates of remuneration established for different categories of jobs. The Committee asks the Government to provide information on the findings of this study and on measures taken or envisaged in collaboration with the social partners to promote the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation. Cooperation with the social partners. In its previous comments, the Committee pointed out the importance of using an objective method of job evaluation on the basis of the work to be performed as a means of applying the principle of the Convention and requested information in this regard. The Committee notes that the Government’s report contains no information on this point. However, it notes that the National Commission for the Promotion of Equality (NCPE), in its study entitled “Gender Pay Review” conducted in 2006, recommends, inter alia, the adoption by the Government of specific measures “seeking to establish a system of job evaluation which enables the objective appraisal of jobs with special attention to reduce the wage gap between male- and female-dominated sectors of employment” and “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”.

The Committee reiterates its requests with regard to the progress made to promote, develop and implement, in cooperation with employers’ and workers’ organizations, practical approaches and methods for the objective evaluation of jobs free from gender bias with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors. It also asks the Government to supply information on measures taken or envisaged to implement the above recommendations of the NCPE. Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to raise awareness of the principle of the Convention, with the cooperation of the social partners, in particular awareness of the concept of “work of equal value”, the need to use a method free from gender bias to evaluate the jobs when negotiating wage rates in collective agreements, and the importance of avoiding gender stereotypes and promoting equality.

Parts III and IV of the report form. Enforcement. The Committee notes the information provided by the Government on the cases of alleged violations of the principle of equal remuneration investigated by the labour inspectors. The Committee asks the Government to continue to provide information on any alleged violations of the principle of equal remuneration for work of equal value reported by the labour inspectors, any case referred to the Industrial Tribunal, and any decisions made. Please also supply information on methods used by the labour inspectors to identify such violations and to promote the principle of the Convention.

Wage gaps. Statistics. The Committee notes that, according to the annual report published in 2008 by the NCPE, the overall gender pay gap is rather small (2.5 per cent). This appears to be partly due to the low participation of women in the labour market and, as a consequence, to the small proportion of low-skilled or unskilled women in the workforce. However, the statistics provided in this report on the average gross annual salary for employees, by main occupation and by sex (April–June 2008), show that, depending on the occupation, the gender pay gap can be quite significant. With regard to the positions of legislators, senior officials and managers, it represents 28 per cent, and for the category of service workers and shop and sales workers, the pay gap is equal to 26 per cent. In this regard, the NCPE report points out the occupational segregation between men and women in the labour market, due to the persistence of traditional gender stereotypes. Referring the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as regards measures taken to promote equality between men and women in employment and occupation, and recalling that the occupational segregation between men and women is one of the underlying causes of wage gaps, the Committee asks the Government to provide information on the measures taken to reduce such gaps, in particular through addressing the occupational segregation of women into certain lesser paid occupations and improving their access to better paid higher status jobs and managerial positions, as well as on the results achieved in this respect.

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

Article 2, paragraph 2(a), of the Convention. Application of the principle of equal remuneration for work of equal value through legislation and Wage Orders. The Committee notes with interest the recent amendment of the Equal Treatment in Employment Regulations 2004 (by Legal Notice 137 of 2007) which provides that “for the same work or for work to which equal value is attributed, there shall be no direct or indirect discrimination on grounds of sex with regard to all aspects and conditions of remuneration” (section 3A(1)). It further notes that pursuant to section 3A(2) of these Regulations the employer shall ensure that where a job classification system is used for determining pay, it shall be based on the same criteria for both men and women and so drawn up as to exclude any discrimination based on sex. The Committee asks the Government to provide information on the application of the legal provisions so as to give effect to the principle of “equal remuneration between men and women for work of equal value”, in particular on the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. While noting the Government’s statement that the wage rates stipulated in Wage Regulation Orders are the minimum wage rates applicable to all grades across the sectors and industries concerned, the Committee reiterates its previous request regarding the methodology used by the Wages Council to ensure that, when determining such rates, those jobs and professions which are predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work and using different skills.

Article 2, paragraph 2(a). Application of the principle through collective agreements. The Committee notes the Government’s indication that the Department of Industrial and Employment Relations is going to analyse the content of finalized collective agreements, including rates of remuneration established for different categories of jobs. The Committee asks the Government to provide information on the findings of this study and on measures taken or envisaged in collaboration with the social partners to promote the inclusion in collective agreements of the principle of equal remuneration for men and women for work of equal value.

Articles 3 and 4. Objective job evaluation. Cooperation with the social partners. In its previous comments, the Committee pointed out the importance of using an objective method of job evaluation on the basis of the work to be performed as a means of applying the principle of the Convention and requested information in this regard. The Committee notes that the Government’s report contains no information on this point. However, it notes that the National Commission for the Promotion of Equality (NCPE), in its study entitled “Gender Pay Review” conducted in 2006, recommends, inter alia, the adoption by the Government of specific measures “seeking to establish a system of job evaluation which enables the objective appraisal of jobs with special attention to reduce the wage gap between male- and female-dominated sectors of employment” and “establishing a national system of job classification that would make it possible to compare work of equal value even across different occupational sectors”.

The Committee reiterates its requests with regard to the progress made to promote, develop and implement, in cooperation with employers’ and workers’ organizations, practical approaches and methods for the objective evaluation of jobs free from gender bias with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors. It also asks the Government to supply information on measures taken or envisaged to implement the above recommendations of the NCPE. Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to raise awareness of the principle of the Convention, with the cooperation of the social partners, in particular awareness of the concept of “work of equal value”, the need to use a method free from gender bias to evaluate the jobs when negotiating wage rates in collective agreements, and the importance of avoiding gender stereotypes and promoting equality.

Parts III and IV of the report form. Enforcement. The Committee notes the information provided by the Government on the cases of alleged violations of the principle of equal remuneration investigated by the labour inspectors. The Committee asks the Government to continue to provide information on any alleged violations of the principle of equal remuneration for work of equal value reported by the labour inspectors, any case referred to the Industrial Tribunal, and any decisions made. Please also supply information on methods used by the labour inspectors to identify such violations and to promote the principle of the Convention.

Wage gaps. Statistics. The Committee notes that, according to the annual report published in 2008 by the NCPE, the overall gender pay gap is rather small (2.5 per cent). This appears to be partly due to the low participation of women in the labour market and, as a consequence, to the small proportion of low-skilled or unskilled women in the workforce. However, the statistics provided in this report on the average gross annual salary for employees, by main occupation and by sex (April–June 2008), show that, depending on the occupation, the gender pay gap can be quite significant. With regard to the positions of legislators, senior officials and managers, it represents 28 per cent, and for the category of service workers and shop and sales workers, the pay gap is equal to 26 per cent. In this regard, the NCPE report points out the occupational segregation between men and women in the labour market, due to the persistence of traditional gender stereotypes.  Referring the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as regards measures taken to promote equality between men and women in employment and occupation, and recalling that the occupational segregation between men and women is one of the underlying causes of wage gaps, the Committee asks the Government to provide information on the measures taken to reduce such gaps, in particular through addressing the occupational segregation of women into certain lesser paid occupations and improving their access to better paid higher status jobs and managerial positions, as well as on the results achieved in this respect.

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

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

1. Article 2 of the Convention. The Committee notes the information provided by the Government concerning the regulations which deal with discrimination on the grounds of religion, disability, age, sexual orientation and racial or ethnic origin, but not with equal remuneration between men and women. Recalling that pursuant to section 30 of the Employment and Industrial Relations Act (EIRA) (No. 22), the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women for work of equal value, the Committee reiterates its request to the Government to indicate in its next report whether any special regulations are envisaged or have been adopted to this end and, if so, to provide copies of such regulations, as well as information on their practical application.

2. Application of the principle through wage orders. The Committee notes the Government’s statement that the standard national minimum wage, the National Standard Orders and the Wages Council Orders do not allow wage differentials based on sex. The Committee asks the Government to indicate in its next report the methodology used by the Wages Council to ensure that, when determining wage rates, jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work and using different skills.

3. Application of the principle through collective agreements. The Committee notes the Government’s statement that collective agreements do not provide for wage differentials on the basis of sex. The Committee asks the Government to indicate in its next report measures taken or envisaged to ensure that workers’ and employers’ organizations when negotiating rates of remuneration in collective agreements at industry or enterprise level do not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men. Please also provide copies of relevant collective agreements and an indication of the number of men and women workers covered by those agreements.

4. Article 3. Objective job evaluation. The Committee refers to its general observation of 2006 on this Convention, which underlines the importance of undertaking an objective evaluation of jobs on the basis of the work to be performed as a means of applying the principle of the Convention. Noting that little information has been provided over the years in this regard, the Committee asks the Government to indicate in its next report the progress made to promote, develop and implement, in cooperation with employers’ and workers’ organizations, practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

5. Enforcement. The Committee notes the Government’s statement that the labour inspectors have been given in-house training and made aware of the implications of the Equal Treatment in Employment Regulations, 2004, as amended in 2007, as well as on relevant European Union Directives that deal with equal treatment in employment. While appreciating the Government’s efforts to provide training on equality to labour inspectors, the Committee notes that the Government’s report does not specify the manner in which this type of training has increased the capacity of the labour inspectorate to detect and address violations of the principle of equal remuneration for men and women for work of equal value. The Committee reiterates its request to the Government to provide more detailed information on the specific activities of the labour inspectorate to determine any violations of the national legislation on equal pay, as well as information on the number of cases detected and the action taken in this regard. Please also provide information of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.

6. Part V of the report form. In order to permit a regular evaluation of the progress made in the application of the principle of equal remuneration for work of equal value in the public and private sectors, the Committee asks the Government to supply information, including recent statistical data, on the number of workers and average rates of remuneration in the public and private sectors, disaggregated by sex and job category.

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

1. Article 2 of the Convention. The Committee notes the information provided by the Government concerning the regulations which deal with discrimination on the grounds of religion, disability, age, sexual orientation and racial or ethnic origin, but not with equal remuneration between men and women. Recalling that pursuant to section 30 of the Employment and Industrial Relations Act (EIRA) (No. 22), the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women for work of equal value, the Committee reiterates its request to the Government to indicate in its next report whether any special regulations are envisaged or have been adopted to this end and, if so, to provide copies of such regulations, as well as information on their practical application.

2. Application of the principle through wage orders. The Committee notes the Government’s statement that the standard national minimum wage, the National Standard Orders and the Wages Council Orders do not allow wage differentials based on sex. The Committee asks the Government to indicate in its next report the methodology used by the Wages Council to ensure that, when determining wage rates, jobs and professions predominantly or exclusively undertaken by women are not being undervalued in comparison with those undertaken by men who are performing different work and using different skills.

3. Application of the principle through collective agreements. The Committee notes the Government’s statement that collective agreements do not provide for wage differentials on the basis of sex. The Committee asks the Government to indicate in its next report measures taken or envisaged to ensure that workers’ and employers’ organizations when negotiating rates of remuneration in collective agreements at industry or enterprise level do not undervalue jobs predominantly undertaken by women in comparison with those undertaken by men. Please also provide copies of relevant collective agreements and an indication of the number of men and women workers covered by those agreements.

4. Article 3. Objective job evaluation. The Committee refers to its general observation of 2006 on this Convention, which underlines the importance of undertaking an objective evaluation of jobs on the basis of the work to be performed as a means of applying the principle of the Convention. Noting that little information has been provided over the years in this regard, the Committee asks the Government to indicate in its next report the progress made to promote, develop and implement, in cooperation with employers’ and workers’ organizations, practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

5. Enforcement. The Committee notes the Government’s statement that the labour inspectors have been given in-house training and made aware of the implications of the Equal Treatment in Employment Regulations, 2004, as amended in 2007, as well as on relevant European Union Directives that deal with equal treatment in employment. While appreciating the Government’s efforts to provide training on equality to labour inspectors, the Committee notes that the Government’s report does not specify the manner in which this type of training has increased the capacity of the labour inspectorate to detect and address violations of the principle of equal remuneration for men and women for work of equal value. The Committee reiterates its request to the Government to provide more detailed information on the specific activities of the labour inspectorate to determine any violations of the national legislation on equal pay, as well as information on the number of cases detected and the action taken in this regard. Please also provide information of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.

6. Part V of the report form. In order to permit a regular evaluation of the progress made in the application of the principle of equal remuneration for work of equal value in the public and private sectors, the Committee asks the Government to supply information, including recent statistical data, on the number of workers and average rates of remuneration in the public and private sectors, disaggregated by sex and job category.

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

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

1. Article 2 of the Convention. The Committee notes that under section 30 of the Employment and Industrial Relations Act (No. 22), 2002, the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to indicate in its next report whether special regulations are envisaged or have been adopted and, if so, to provide copies of such regulations.

2. Enforcement of the legal provisions giving effect to the Convention. The Committee notes the Government’s statement with respect to the activities carried out by the labour inspectorate. It notes that in 2003, 3,229 inspections were carried out (compared with 1,639 in 2001) and 783 irregularities were observed. The Committee notes the Government’s statement that no violations of the requirement for equal remuneration for men and women workers for equal work were reported or detected. The Committee feels obliged to express its concern that the reporting of no violations often signals a lack of knowledge of the law, or inadequate procedures. It therefore asks the Government to provide precise and detailed information with its next report on the activities of the labour inspectorate to determine any violations of the principle of the Convention, including any measures taken or envisaged to provide training and carry out awareness-raising activities on the principle of equal remuneration for men and women workers for work of equal value.

3. Having already noted the possibility, under sections 28 and 30 of the Employment and Industrial Relations Act (No. 22), 2002, of referring a claim for unequal remuneration for work of equal value to the Industrial Tribunal and the prohibition of the victimization of a worker presenting such claim, the Committee asks the Government to provide detailed information with its next report of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.

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

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

Articles 1 and 2 of the Convention. Application in law. The Committee notes with interest the adoption on 9 December 2003 of the Equality for Men and Women Act (No. 1), 2003, prohibiting direct and indirect discrimination based on sex or family responsibilities, as well as the adoption in December 2002 of the Employment and Industrial Relations Act (No. 22), 2002. Further to previous comments, it notes with satisfaction that section 27 of the Employment and Industrial Relations Act sets out the principle of equal remuneration for men and women workers for work of equal value and that the definition of wages is sufficiently broad to include other emoluments (section 2), in accordance with Article 1 of the Convention. It further notes that a worker alleging unequal payment for work of equal value may, within four months of the alleged discrimination, lodge a complaint with the Industrial Tribunal (section 30(1)) and that such workers are protected against victimization (section 28). The Government is asked to provide information on the application and impact of these new legal provisions in relation to promoting equal remuneration between men and women.

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

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

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

1. Article 2 of the Convention. The Committee notes that under section 30 of the Employment and Industrial Relations Act (No. 22), 2002, the Minister may adopt regulations to give better effect to the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to indicate in its next report whether special regulations are envisaged or have been adopted and, if so, to provide copies of such regulations.

2. Enforcement of the legal provisions giving effect to the Convention. The Committee notes the Government’s statement with respect to the activities carried out by the labour inspectorate. It notes that in 2003, 3,229 inspections were carried out (compared with 1,639 in 2001) and 783 irregularities were observed. The Committee notes the Government’s statement that no violations of the requirement for equal remuneration for men and women workers for equal work were reported or detected. The Committee feels obliged to express its concern that the reporting of no violations often signals a lack of knowledge of the law, or inadequate procedures. It therefore asks the Government to provide precise and detailed information with its next report on the activities of the labour inspectorate to determine any violations of the principle of the Convention, including any measures taken or envisaged to provide training and carry out awareness-raising activities on the principle of equal remuneration for men and women workers for work of equal value.

3. Having already noted the possibility, under sections 28 and 30 of the Employment and Industrial Relations Act (No. 22), 2002, of referring a claim for unequal remuneration for work of equal value to the Industrial Tribunal and the prohibition of the victimization of a worker presenting such claim, the Committee asks the Government to provide detailed information with its next report of any alleged violations of the principle of equal remuneration for work of equal value referred to the Industrial Tribunal, any decisions made and whether any cases have been reported of the victimization of an alleged victim.

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

Articles 1 and 2 of the Convention. Application in law. The Committee notes with interest the adoption on 9 December 2003 of the Equality for Men and Women Act (No. 1), 2003, prohibiting direct and indirect discrimination based on sex or family responsibilities, as well as the adoption in December 2002 of the Employment and Industrial Relations Act (No. 22), 2002. Further to previous comments, it notes with satisfaction that section 27 of the Employment and Industrial Relations Act sets out the principle of equal remuneration for men and women workers for work of equal value and that the definition of wages is sufficiently broad to include other emoluments (section 2), in accordance with Article 1 of the Convention. It further notes that a worker alleging unequal payment for work of equal value may, within four months of the alleged discrimination, lodge a complaint with the Industrial Tribunal (section 30(1)) and that such workers are protected against victimization (section 28). The Government is asked to provide information on the application and impact of these new legal provisions in relation to promoting equal remuneration between men and women.

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

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

The Committee notes the information, including statistical data, contained in the Government’s report and the confirmation that Minimum Weekly National Standard Order LN 42 of 1976 remains in force.

1. Recalling the Government’s previous indication that family responsibilities constitute the greatest hurdle to the entry of women into the labour force, the Committee notes with interest the establishment of a Child Care Task Force. The said task force, members of which include representatives from the General Workers’ Union and the Malta Employers’ Association, was set up in 2000 to explore childcare options, disseminate information and help pilot viable childcare cooperatives throughout Malta. The Committee notes from the report that in January 2002 the task force had submitted a report containing several proposals to the Minister for Social Policy, and that a pilot childcare centre was to be founded in the south of Malta. The Committee asks the Government to continue to inform it of the Child Care Task Force’s activities and indicate in future reports the progress achieved by the establishment of childcare centres in facilitating the participation of women in the labour market and in promoting the application of the Convention.

2. The statistical data supplied in the report indicate that women are under-represented at all levels of decision-making authority. As of March 2002 women comprised 28.8 per cent of the senior officers in all sectors of the economy and earned 79.1 per cent of the income of their male counterparts. In December 2001, 17.8 per cent of government boards and committees were comprised of women; additionally, the percentage of women in the top five scales of the public service rested at just 10.8 per cent in 2000, with no women represented in the top two scales. The Committee notes with interest that the Management and Personnel Office, together with the Department for Women in Society and the Commonwealth Secretariat, has undertaken a project to address the serious under-representation of women in the top five scales of the public service. Under this project’s auspices a report outlining 20 recommendations to increase the number of women in decision-making positions in the public service has been produced; an action plan incorporating these recommendations is presently under implementation. The Committee asks the Government to provide a copy of the abovementioned report as well as a copy of the action plan upon its completion.

3. The Committee notes the Government’s indication that the Bill of the Employment Relations Act, which amends the Conditions of Employment Act of 1952, is currently at the committee stage before Parliament and is expected to be passed by the end of this year. The Committee trusts that the Employment Relations Act will promote the application of the Convention and asks the Government to provide a copy of the Act upon its adoption.

4. The Committee notes that, apart from citing the definition of wages in the Conditions of Employment Act, the Government’s report contains no reply to its previous requests for precise and detailed information that would enable the Committee to determine the extent to which Article 1(a) of the Convention is applied in practice. It repeats its request to the Government to provide full information on this point in its next report.

5. The Committee notes the information provided in the report on the activities of the Labour Inspectorate. In 2001, 1,639 inspections were carried out, covering 6,874 employees; no violations of the requirement of equal remuneration for men and women for work of equal value were reported or detected. The Committee recalls that the reporting of no violations often signals a lack of knowledge of the law or inadequate procedures. It therefore asks the Government to supply information on labour inspections and on methods used to determine any violations of the principle of the Convention in future reports and on any measures taken to provide training and awareness raising on the principle of equal remuneration.

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

The Committee notes the information, including statistical data, contained in the Government’s report.

1. According to the statistical information supplied in the report, women made up 29 per cent of the labour force in Malta as of August 2000. The Committee notes that women are under represented in all sectors of the Maltese labour market, with the exception of the banking, insurance and real estate sector, where women make up 47.7 per cent of the labour force. The report indicates that there is a trend towards a more favourable gender balance between men and women in the 16-24 age group where, as of June 1999, women made up 47.4 per cent of the labour force. In addition, information from the Central Office of Statistics shows that in the 1998-99 academic year, more females (51 per cent) than males (49 per cent) were enrolled in university courses.

2. The Government attributes the relatively low percentage of women in the Maltese labour market to family responsibilities. Noting the information contained in the report concerning the measures taken by the Maltese Public Service to promote equal opportunities and equal treatment of women in employment, including family-friendly measures such as special leave periods and the possibility of reduced working hours, the Committee asks the Government to indicate in its next report the measures taken or contemplated and progress achieved in increasing the percentage of women in the Maltese labour force overall, including the percentages of women at levels of decision-making authority, and their levels of remuneration. The Committee notes from the report that the Government does not yet have current information on the composition of earnings, but that an earnings survey planned in the future will supply this information. The Committee would appreciate receiving this information as soon as it becomes available.

3. The Committee refers to its previous comments regarding the revision of the Conditions of Employment Act of 1952, and to the Government’s stated intention to include in the Act both a provision expressing the principle of equal remuneration for men and women for work of equal value, and sanctions in respect of salary discrimination. In this regard, the Committee repeats its request that the Government keep it informed of the progress of the revision and that it supply a copy of the revised Act upon adoption.

4. Referring to its earlier comments regarding the Minimum Weekly National Standard Order LN 42 of 1976, the Committee reiterates its request that the Government indicate in its next report whether the Order remains in force. Further, the Committee also repeats its request for precise and detailed information which would enable the Committee to determine the extent to which Article 1(a) of the Convention is applied in practice and asks the Government to provide full information on this point in its next report.

5. The Committee notes that the Government’s report contains no reply to its previous request that the Government communicate information on the activities of the labour inspectorate, and provide information on violations of the principle of equal remuneration for men and women for work of equal value, if any, and the action taken as a consequence.

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

1. Further to its previous request, the Committee notes the Government's statement in its report that the Conditions of Employment Act of 1952 is being revised by a subcommittee of the Malta Council for Economic Development. Noting the Government's intention, indicated in its previous report, to include in the Act a provision establishing equal remuneration for work of equal value, as well as sanctions against discrimination in this respect, the Committee hopes that progress will soon be made in the adoption of the proposed amendments. It requests the Government to keep it informed about any developments in this regard and to provide a copy of the text upon adoption.

2. The Committee noted, in its previous direct request, that the Minimum Wage National Standard Order LN 189 of 1995 no longer contained a provision, included in Minimum Weekly National Standard Order LN 42 of 1976, ensuring the application to all workers of the principle of equal remuneration for men and women workers for work of equal value. The Committee notes that the new National Minimum Wage Standard Order LN 272 of 1998 does not contain any distinction on the basis of sex. The Committee requests the Government to clarify whether the Minimum Weekly National Standard Order LN 42 of 1976 is still in force. Further noting that the Government does not reply to the Committee's request for precise and detailed information to enable the Committee to ascertain the extent to which Article 1(a) of the Convention is applied in practice, the Committee trusts that the Government's next report will contain full details on this matter.

3. In order to permit a precise evaluation of how far the principle of the Convention is applied in the public and private sectors, the Committee, in its previous direct request, had asked for information on the number of workers and average rates of remuneration in the public and private sectors, disaggregated by sex and job category (supplementing the tables provided in the previous report showing employment returns in the public sector (1996) and the distribution of men and women in companies governed by collective agreements in the private sector). The Committee notes the Government's statement that the statistics requested are being compiled and will be submitted soon. In this connection, the Committee refers to its general observation on this Convention of 1998 and hopes that the Government's next report will contain the necessary data to enable the Committee to assess the progress made in applying the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors. The Government is also requested to provide information on any measures taken which, in general, promote equal opportunities and equal treatment of men and women in employment which could further facilitate the practical application of the principle of the Convention.

4. The Committee notes the Government's statement in its report that labour inspectors have access to collective agreements. The Committee requests the Government to communicate information on the activities of the labour inspectorate which could demonstrate the application of the principle of the Convention through collective agreements and to provide information on violations of the principle of equal remuneration, if any, and the action taken as a consequence.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the Government's report, the copies of regulations and the statistical tables appended to the report.

1. In a previous report, the Government stated that it was considering proposals for the amendment of the Conditions of Employment Act of 1952 so as to bring it into line with the principle established in the Convention. It indicated its intention to include provisions to establish equal remuneration for work of equal value, as well as provisions establishing sanctions against discrimination in this respect. The Committee asks the Government to keep it informed of any developments in the proposed amendment of the above Act.

2. Recalling that the Minimum Weekly National Standard Order (LN 42 of 1976) issued under section 4 of the above Act, setting national minimum weekly wage rates, expressly prohibited any discrimination in the wage payable to men and women for equal work or work of equal value, the Committee notes that the National Minimum Wage National Standing Order (LN 189, 1995) no longer contains this provision. The Committee asks the Government to indicate in its next report which text currently applies the principle of equal remuneration for men and women in respect of the national minimum wage. The Committee points out that according to Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, and would be grateful if the Government would also provide precise and detailed information enabling the Committee to ascertain the extent to which this provision of the Convention is applied.

3. With regard to the table showing employment returns by sex in the public sector at 31 July 1996, the Committee notes that it does not contain the data needed for a precise evaluation of how far the principle of the Convention is being applied. It therefore asks the Government to supplement the information in the table by indicating the number of workers and average rates of remuneration in the public sector, disaggregated by sex and by job category.

4. The Committee notes from the information in the table showing the distribution of men and women in companies governed by collective agreements that the representation of women is considerably lower than that of men in all the categories shown except clerks. It would be grateful if the Government would supplement this information by providing statistics in its future reports, on the average rate of remuneration by sex and by job category of the workers covered by the above table.

5. The Committee notes the Government's indication that the collective agreements concluded by workers and employers in enterprises are treated as confidential and that copies are not made available to persons other than the interested parties. In these circumstances, the Committee asks the Government to indicate how the application of these agreements is supervised, in particular by the labour inspectorate whose attributions are defined by section 39 of the 1952 Conditions of Employment Act, or by the courts in the event of judicial proceedings concerning individual or collective labour disputes.

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

The Committee notes the Government's report, the copies of regulations and the statistical tables appended to the report.

1. In a previous report, the Government stated that it was considering proposals for the amendment of the Conditions of Employment Act of 1952 so as to bring it into line with the principle established in the Convention. It indicated its intention to include provisions to establish equal remuneration for work of equal value, as well as provisions establishing sanctions against discrimination in this respect. The Committee asks the Government to keep it informed of any developments in the proposed amendment of the above Act.

2. Recalling that the Minimum Weekly National Standard Order (LN 42 of 1976) issued under section 4 of the above Act, setting national minimum weekly wage rates, expressly prohibited any discrimination in the wage payable to men and women for equal work or work of equal value, the Committee notes that the National Minimum Wage National Standing Order (LN 189, 1995) no longer contains this provision. The Committee asks the Government to indicate in its next report which text currently applies the principle of equal remuneration for men and women in respect of the national minimum wage. The Committee points out that according to Article 1(a) of the Convention, the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment, and would be grateful if the Government would also provide precise and detailed information enabling the Committee to ascertain the extent to which this provision of the Convention is applied.

3. With regard to the table showing employment returns by sex in the public sector at 31 July 1996, the Committee notes that it does not contain the data needed for a precise evaluation of how far the principle of the Convention is being applied. It therefore asks the Government to supplement the information in the table by indicating the number of workers and average rates of remuneration in the public sector, disaggregated by sex and by job category.

4. The Committee notes from the information in the table showing the distribution of men and women in companies governed by collective agreements that the representation of women is considerably lower than that of men in all the categories shown except clerks. It would be grateful if the Government would supplement this information by providing statistics in its future reports, on the average rate of remuneration by sex and by job category of the workers covered by the above table.

5. The Committee notes the Government's indication that the collective agreements concluded by workers and employers in enterprises are treated as confidential and that copies are not made available to persons other than the interested parties. In these circumstances, the Committee asks the Government to indicate how the application of these agreements is supervised, in particular by the labour inspectorate whose attributions are defined by section 39 of the 1952 Conditions of Employment Act, or by the courts in the event of judicial proceedings concerning individual or collective labour disputes.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Referring to its previous direct requests, the Committee notes the information contained in the Government's reports to the effect that it is considering proposals for the amendment of the Conditions of Employment (Regulations) Act of 1952 so as to include provisions to safeguard equality of opportunity, to provide effective remedies against discrimination and to guarantee equal remuneration for work of equal value. The Committee asks the Government to keep it informed of developments affecting the 1952 Act, so as to introduce the concept of "work of equal value" into the national policy of equality of opportunity and treatment between men and women in employment, as required by the Convention.

2. The Committee notes that the Government's reply to its request for statistics showing the average earnings of men and women, if possible by occupation, industry, seniority and level of training, and on the labour force participation of women, is that statistics at present do not distinguish between male and female wage-earners. The Committee would refer the Government to paragraph 248 of its 1986 General Survey on Equal Remuneration where the Committee stressed the importance of statistics in the implementation of the principle of the Convention. Noting, moreover, that certain statistics can be obtained from various reports (e.g. the 1992 Annual Report published by the Secretariat for the Equal Status of Women, which indicates that there has been a slight increase in the number of women appointees to public bodies) and that the Secretariat for the Equal Status of Women is, according to information from the Government concerning Convention No. 111, working closely with the Central Office of Statistics on a project for the improvement of sex-disaggregated statistics, it asks the Government to do its utmost to compile such statistics so that a general appreciation of the way the principle of the Convention is being applied in practice can be given.

3. Noting that the Government's report supplies the revised public service grades and wage scales (from No. 1 "Permanent Secretary" to No. 20 "Charwoman/deckhand/health attendant/labourer/latrine attendant/seaman I and watchman"), and that statistics on the number of male and female employees in each grade are being prepared, the Committee hopes that the next report will provide these data. In the meantime it refers the Government to paragraph 208 of its 1986 General Survey, mentioned above, where the issue of equal remuneration in "typically women's jobs" in the public sector is discussed.

4. Referring to its previous request for copies of collective agreements fixing wage rates for a range of industries, indicating if possible both the number of women covered by these agreements and providing information on the percentage of women and men holding posts at different levels, the Committee notes the Government's statement that, since it is not the practice in Malta to conclude agreements at this level, but rather at the enterprise level, official statistics on an industry-wide basis cannot be provided. Since the Committee considers it important to have information concerning the implementation of the Convention in terms of Article 2(c) and (d), it requests the Goverment to supply copies of recently concluded enterprise-level agreements, also indicating, if possible, the number of women covered and their hierarchical level within enterprise structures.

5. Referring to paragraphs 5 and 6 of its 1992 direct request, the Committee again requests the Government to: (i) indicate the methods adopted to promote an objective appraisal of jobs on the basis of the work to be performed (Article 3); and (ii) to indicate the specific means taken, in cooperation with the employers' and workers' organizations, to give effect to the provisions of the Convention (Article 4).

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

The Committee notes the information provided by the Government in its report in reply to its previous direct request.

1. The Committee notes that section 14 of the Constitution of Malta (as amended by Act No. XIX of 1991) provides, inter alia, for women workers to enjoy equal rights and the "same wages for the same work as men". The Committee draws the attention of the Government to its 1990 General Observation, where it emphasised the importance of including in national legislation, a definition of equal pay which is consistent with that of the Convention. Accordingly, the Committee hopes that the Government will consider taking measures to ensure that all legal provisions designed to protect women against discrimination in respect of remuneration give expression to the principle of equal pay for "work of equal value". The Committee hopes in particular, that during the revision of the Conditions of Employment (Regulation) Act, 1952, the Government will take the opportunity to proscribe wage discrimination not only in respect of the same work but also in respect of work of equal value, as required by the Convention.

2. The Committee notes from the report that the wage structure in the public service has apparently been reviewed recently, pursuant to the recommendations of a Public Service Re-organisation Committee. The Committee requests the Government to provide information on the wage scales applicable to public sector employees, together with an indication of the percentage of women and men occupying posts at different levels.

3. Referring to its previous comment, the Committee requests the Government to supply copies of collective agreements fixing wage rates for a range of industries, indicating if possible both the number of women covered by these agreements and providing information on the percentage of women and men holding posts at different levels.

4. The Committee would also be grateful if the Government would furnish statistics showing the average earnings of women and men, if possible by occupation, industry, seniority and level of training as well as information on the labour force participation of women.

5. Referring to paragraphs 5 and 6 of its previous direct request, the Committee requests the Government to: (i) indicate the methods adopted to promote an objective appraisal of jobs on the basis of the work to be performed; and (ii) to indicate the specific means taken, in cooperation with the employers' and workers' organisations, to give effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided in the Government's first report.

1. The Committee notes that under section 5 of the Minimum Weekly National Standard Order 1976 (LN 42 of 1976) the wage payable to a female employee shall in no case be less than that payable to a male employee in respect of equal work or of work of equal value. In accordance with Article 1(a) of the Convention, the Committee requests the Government to indicate whether section 5 of the 1976 Order applies to wage rates above the statutory minimum, including those set by collective agreements; and to provide information on the practical measures taken to ensure the application of the principle of equal remuneration to any allowances or benefits (such as those contemplated under section 19 of the Conditions of Employment (Regulation) Act 1952) actually paid in addition to the minimum wages prescribed by a National Standard Order or a Wage Regulation Order in the private sector.

2. The Committee notes that section 22A of the Conditions of Employment (Regulation) Act 1952 appears to disqualify part-time employees from any right to receive the half-yearly bonus payments granted to whole-time employees. The Committee requests the Government to indicate whether these bonus payments are in fact also granted proportionately to part-time workers, among whom women may comprise a majority.

3. The Committee notes that the salaries of female employees in Government employment were raised by annual increments with the object of attaining parity with the salaries of male employees doing the same job; and that such parity was attained in 1971. Recalling that the Convention provides for equal remuneration for "work of equal value", the Committee requests the Government to provide information on the way in which wage rates are determined for public sector employees, including relevant orders or regulations together with details on the criteria used to compare jobs undertaken by men and women. The Committee would also be grateful if the Government would indicate the means available to public employees to enforce a claim for equal remuneration.

4. The Committee requests the Government to supply information on the manner in which the principle of equal remuneration is applied in those cases where wages are fixed by collective agreement, and to indicate the criteria and procedures used in establishing job classifications and wage rates in agreements. The Committee also requests the Government to supply copies of collective agreements fixing wage rates for any trades and industries employing a significant number of women.

5. The Committee requests the Government to indicate the methods which have been adopted or envisaged to promote an objective appraisal of jobs on the basis of the work to be performed (Article 3 of the Convention) with particular regard to wage rates fixed by collective agreement.

6. The Committee requests the Government to supply information on the way in which it co-operates with the employers' and workers' organisations concerned for the purpose of giving effect to the Convention, in respect of remuneration above the statutory minimum rates (Article 4 of the Convention).