Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Eswatini (Ratification: 1981)

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Articles 1(b) and 2(2)(a) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. Employment Bill. The Committee notes from the Government’s report that, according to the Attorney General’s Office, the Employment Bill was at its final vetting stage in September 2022. It further notes that, according to information communicated to the ILO Office in Pretoria, the Employment Bill is not adopted yet. The Committee nevertheless welcomes the inclusion in the Employment Bill, as approved by the Attorney General in November 2022, of provisions reflecting the principle of equal remuneration for men and women for work of equal value. It notes however that, according to the Bill, “work of equal value” means “work performed by male and female employees in which the duties and services to be performed require similar or substantially similar levels of qualification, experience, skill, effort, responsibility and which is performed under similar or substantially similar working conditions”. The Committee would like to point out that this is too restrictive to give full effect to the principle of equal remuneration for work of equal value set out in the Convention. The concept of “work of equal value” must permit a broad scope of comparison. While factors such as qualification, skill, effort, responsibility and working conditions are clearly relevant in determining the value of jobs, when examining two jobs, the value does not have to be the same with respect to each factor – determining value is about the overall value of the job when all the factors are taken into account. Men and women should receive equal remuneration where they perform work that is of overall equal value. Work can be of equal value even if the work is different in content and requires different qualifications, skills or efforts, involves different responsibilities or is performed under different conditions. The Committee asks once again the Government to take steps without further delay towards the adoption of the Employment Bill. It trusts that the Government will seize this opportunity to ensure that the Employment Bill: (i) fully reflects the principle of equal remuneration for men and women for work of equal value enshrined in the Convention; and (ii) provides for a definition of “work of equal value” allowing for the comparison not only of work that involves similar or substantially similar qualifications, skills, effort, responsibilities and conditions of work, but also of work of equal value overall.

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