Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Antigua-et-Barbuda (Ratification: 2003)

The Committee notes the Government’s very brief first and second reports. It asks the Government to provide detailed information with respect to the following matters.

Article 1(a) and (b) of the Convention. Equal remuneration for men and women for work of equal value – legal provisions. The Committee notes that, according to the Government’s report, equal remuneration for “equal work” is provided for in section E8 of Labour Code No. 14, 1975, which states that no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer. Furthermore, the Committee notes that section C4 of the Labour Code provides that no employer shall discriminate with respect to any person’s “wages” by reason of sex. The Committee notes that, under section A5 of the Labour Code, the definition of “conditions of employment” includes “remuneration”, and that “wages” is defined as “any money or other thing paid or contracted to be paid, delivered, or given at periodic intervals, as recompense, reward, or remuneration for services or labour done or to be done”. The Committee also notes that, for the purposes of Division C (Basic Employment), section C3 defines “gross wage” as “the total remuneration for services received in money, in kind, and in privileges or allowances, including gratuities and premium pay”. The Committee notes that the term “remuneration” is not further defined anywhere in the Labour Code and recalls the broad definition of remuneration set out in Article 1(a) of the Convention.

The Committee recalls its 2006 general observation on this Convention and points out that equal remuneration for “equal work” is a concept which is narrower than equal remuneration for “work of equal value” provided for in Article 1(b) of the Convention, which also requires that men and women performing jobs of a different nature, but which are nonetheless of equal value, receive equal remuneration. Moreover, the application of the principle of equal remuneration between men and women for work of equal value is not limited to comparisons between men and women in the same establishment or enterprise. The Committee also considers that uncertainty exists as to the relationship between section C4, prohibiting sex discrimination with respect to wages, and section E8(1) of the Labour Code, prohibiting less favourable treatment between men and women with respect to conditions of employment, which includes remuneration. Furthermore, the lack of clear definitions and the apparent interchangeable use of terms such as “wages”, “gross wage” and “remuneration” is likely to lead to additional confusion as to whether or not, in the context of the Labour Code, the principle of the Convention applies to all elements of remuneration as defined in Article 1(a) of the Convention. The Committee therefore asks the Government:

(i)    to clarify the interrelationship between the definitions in sections A5 and C3 of the Labour Code 1975, and to indicate how “remuneration” is being defined in the context of the Labour Code;

(ii)   to clarify the interrelationship between sections C4 and E8(1) of the Labour Code; and

(iii) to take steps to amend the Labour Code to set out clearly the principle of equal remuneration between men and women for work of equal value, which should not only provide for equal remuneration for equal work, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value.

Article 2. Determination of renumeration. The Committee notes that, according to the Government’s report, remuneration is determined through a process of negotiation of collective agreements or companies granting increases through profitability or cost-of-living adjustments. It is also determined by affordability or by national standards. The Committee welcomes the fact that a minimum wage has been established for all occupations by virtue of the Minimum Wages Order, 2008. The Committee asks the Government to indicate the manner in which it is ensured that determination of remuneration through collective agreements complies with the principle of equal remuneration between men and women for work of equal value and is free from gender bias. Noting that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee also asks the Government to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee notes that, pursuant to section 4(1)(a) and (b) of the Civil Service Act, 1984, the Minister by Order determines the rates of pay and establishes the allowances in addition to the pay for officers classified in the First Schedule. The Committee notes the classification (A–C) of grades in the civil service laid down in the First Schedule of the Civil Service Regulations, 1993. Pursuant to section 73(1) of the Regulations, the Minister may, by Remuneration Order, authorize payment of any allowances specifying therein the rate of pay of such allowance, the category of officers receiving such allowances and the nature of such allowance. The Committee asks the Government to indicate the criteria used for the classification of posts and the corresponding rates of pay, and to provide information, disaggregated by sex, of the number of men and women in the various grades of the civil service and their corresponding earnings. The Committee also asks the Government to provide copies of any remuneration orders issued by the Minister authorizing allowances for certain categories of officers and the criteria used to determine the category of officers as well as the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes the objective evaluation of jobs on the basis of the work performed. The Committee recalls its general observation of 2006 on the Convention and draws the Government’s attention to the importance of the use of objective job evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee asks the Government to provide information on measures taken or envisaged in both the public and private sectors, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the National Labour Board has responsibility for regularly reviewing the Labour Code in the light of the development of social and economic needs of the country. It also notes that the National Economic and Social Council may undertake research and surveys in any areas of social and economic activity, and shall monitor the implementation and results of all legislative and other measures pertaining to social and economic policies. The Committee asks the Government to indicate whether the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention, and the results that have been obtained.

Parts III and IV of the report form. The Committee notes that no information has been included on relevant judicial decisions that have been handed down on issues of principle relating to the application of the Convention, and that no violations have been reported by the labour inspection services. The Committee asks the Government to provide detailed information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving sex discrimination with respect to remuneration dealt with by courts, the labour commissioner and labour inspectors.

Part V of the report form. The Committee notes that a Gender Affairs Department has been established in the Ministry of Labour, Public Affairs and Empowerment. The Committee further notes that the Government’s report does not include any further information enabling it to assess how the principle of equal remuneration between men and women for work of equal value is applied in practice. The Committee therefore invites the Government to provide detailed information, which could include any reports, guidelines or publications, as well as copies of legislation adopted, collective agreements and administrative and judicial decisions, and any other information that will enable the Committee to assess the application of the principle of the Convention in practice. The Committee further asks the Government to supply statistical data, disaggregated by sex, on the distribution of men and women workers in the various occupations or sectors of the economy, along with their corresponding earnings and the gender wage differentials. Please also provide information on any activities carried out by the Gender Affairs Department to promote the principle of equal remuneration for men and women for work of equal value.