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

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

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

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

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

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