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

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap. The Committee takes note of the statistical data from the Employment Survey for 2019 provided by the Government further to its request. It also notes the data from the Employment Survey for 2020, which continue to show an important gender pay gap and persistent horizontal and vertical occupational gender segregation. In October 2020, the average gross annual earnings for monthly-paid full-time employment was £41,936.98 for men and £33,741.18 for women (with an annual gender pay gap around 19.5 per cent). At the same date, the average monthly earnings for the same type of work was £3,430.41 for men employees and £2,813 for women employees (with a monthly gender pay gap around 18 per cent). Similarly, the average annual earnings for weekly-paid full-time employees was £23,032.85 for men and £18,134.93 for women. For part-time work, the average monthly earnings in respect of monthly-paid adult male employees was £1,393.27 against £1,295.46 for women employees. The survey also shows significant occupational gender segregation, with women being predominantly represented in the sectors of health and social work (1,839 women for 861 men), financial intermediation (1,004 women for 886 men), and education (775 women for 219 men), and underrepresented in the occupations of managers and senior officials (1,369 women for 2,952 men), professional (915 women for 1,190 men), and associate professional and technical (1,144 women for 2,190 men).

On the measures adopted to address the gender remuneration gap, the Committee notes the Government’s indication that on 8 March 2017, the Minister of Equality had announced the creation of a Working Group to examine the issue of whether there is a pay gap issue between men and women in Gibraltar. However, the COVID-19 pandemic and Gibraltar’s departure from the European Union have delayed the implementation of such decision and continue to delay many initiatives. The Government further reports that the Minister for Equality participated in a high-level meeting organised in Iceland by the Equal Pay International Coalition (EPIC) and has provided training on “unconscious bias in the workplace and its effect on women” for both the public and private sectors. It further adds that two cycles of the Women’s Mentorship Programmes have been completed and a third is due to commence in the autumn of 2021; and that more women are applying for vacancies within the emergency services and for senior positions. The Government is also encouraging women and girls to take up STEM (science, technology, engineering, and maths) subjects in school. Lastly, the Government reports that the Ministry of Equality has met with the Equalities Committee of the workers’ organization in Gibraltar to establish a working relationship for the discussion of any equality issue which may affect any member; and collaborates actively with the unions to address grievances within the public sector. Noting the persistent and significant gender pay gap and occupational gender segregation, the Committee asks the Government to intensify its efforts to enforce the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to adopt targeted measures to reduce the gender pay gap in both the private and public sectors and promote women’s access to higher pay jobs. The Committee asks the Government to provide information on the measures taken, including the creation of the working group previously announced, and their results, and continue to provide detailed statistics on the respective earnings of men and women.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value beyond the same employer. Legislation. In its last comment, the Committee requested the Government to provide updated information on any revision of section 31 of the Equal Opportunities Act, 2006, initiated in order to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the same or an associated employer and specific information regarding the application of section 31 of the Act in practice. The Committee notes that the Government indicates being committed to considering any necessary reforms of section 31 of the Equal Opportunities Act but has been unable to address this issue at this stage, due to the substantial workload created by its departure from the European Union and the COVID-19 pandemic. The Committee also notes the indication of the Government that it is not aware of any local administrative or judicial decision relating to equal remuneration for men and women for work of equal value. Recalling that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational gender segregation, the Committee reiterates its request to consider reviewing section 31 of the Equal Opportunities Act, 2006, to ensure that the right to equal remuneration between men and women for work of equal value is not restricted to the “same” or an “associated” employer. The Committee also asks the Government to continue to provide information on the practical application of section 31 of the Act relating to equal pay, and to provide information on any measures adopted to ensure that workers can avail themselves in practice of their right to equal remuneration for work of equal value.

Articles 2 and 3. Application of the principle in the public sector. With respect to the criteria used to determine the classification of jobs and the applicable salary scales in the public sector, the Government indicates that the salary scales applicable in the public sector are set by grade and not by gender and are historically derived from the civil service pay scales of the United Kingdom. The Committee observes that according to the Employment Survey for 2020, the differences in remuneration in the public sector remain prevalent with an average monthly earning of £4,605.29 for full-time men employees against £3,394.14 for full-time women employees (average gender pay gap: 27 per cent). The Committee once again recalls that despite the existence of salary scales applicable to all public officials, without discrimination on the ground of sex, pay discrimination in the public service can arise from the criteria applied in classifying jobs and from an undervaluation of the tasks performed largely by women, or from inequalities in certain supplementary wage benefits (General Survey on the fundamental Conventions, 2012, paragraphs 700–703). The Committee therefore asks the Government to take the necessary steps to identify and address efficiently the gender pay gaps in the public sector, in particular to consider the revision of salary scales based on objective criteria that are free from gender bias, such as skills, efforts, responsibilities and conditions of work. It also asks the Government to adopt measures to address horizontal and vertical occupational gender segregation in the public sector and, specifically, to improve the access of women to higher ranking and better paid positions, through training or other means. The Committee asks the Government to provide detailed information on the measures taken and the results achieved on the reduction and elimination of the gender pay gap in the public sector.

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