Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Article 1(1)(a). Legislation. Definition of discrimination and prohibited grounds of discrimination. The Committee notes the Government’s indication in its report that: (1) since the drafting of the 2018 Employment Bill, new consultations have taken place with various stakeholders, and new proposals have been made to amend the 1995 Employment Act and the 1991 Conditions of Employment Regulations; (2) a White Paper listing the proposed amendments, after a review of ILO suggestions, has been prepared and presented to the National Consultative Committee on Employment, other stakeholders and the general public between April and July 2024; and (3) the proposals are being finalized for presentation to the Cabinet of Ministers. The Committee welcomes that Proposal No. 26.1 of the White Paper, which concerns Section 46A of the Employment Act on the prevention of discrimination, defines discrimination (direct and indirect) and enumerates the following prohibited grounds of discrimination: the worker’s sex, maternity and family responsibilities, age, gender, race, colour, nationality, social origin, language, religion, disability, real or perceived HIV status, sexual orientation, political opinion, or membership in a trade union or other association. The Committee notes, however, that Proposal No. 26.1 does not mention the ground of “national extraction” as provided for in Article 1(1)(a) of the Convention. In this respect, the Committee recalls that the concept of “national extraction” in the Convention is not aimed at the distinctions that may be made between the citizens of the country concerned and those of another country, but covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Distinctions made between citizens of the same country on the basis of the foreign birth or origin of some of them are one of the most evident examples (see the Committee’s 2018 General Observation). The Committee urges the Government to take the necessary steps to ensure that the new Employment Act will: (i) explicitly define and prohibit discrimination (direct and indirect) in employment and occupation on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including “national extraction”; and (ii) be adopted without further delay. The Committee asks the Government to continue to provide information on any progress made in that regard.

Discrimination based on sex. Sexual harassment. According to Proposal No. 27.1 of the White Paper, sexual harassment: (1) will now be defined as a “conduct of a sexual nature and other conduct, physical, verbal or non-verbal, based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient”; and (2) shall be punished with “higher penalties when a person’s rejection of, or submission to, such conduct is used explicitly or implicitly as a basis for a decision which affects the person’s job”. The Committee welcomes the fact that the scope of application of the draft definition of sexual harassment is no longer limited to persons exercising authority but notes with regret that this definition encompasses only the quid pro quo (blackmail) aspect of sexual harassment and omits the “hostile work environment” aspect – namely, conduct that creates an intimidating, hostile, or humiliating working environment for the recipient (see the 2023 General Survey, Achieving gender equality at work, para. 113). The Committee recalls that the definition of sexual harassment in employment and occupation should include both quid pro quo and hostile work environment sexual harassment (see the Committee’s 2002 General Observation). The Government adds that, between 2021 and 2023, the Family Department of the Ministry of Youth, Sports and Family undertook various awareness-raising activities with workers, employers, and their organizations with a view to preventing and addressing sexual harassment in employment and occupation. The Committee notes that the examples provided do not enable it to have a clear overview of the concrete steps that have been taken to prevent and address sexual harassment in the workplace. The Committee asks the Government to take the measures necessary to ensure that the new Employment Act will define and prohibit both quid pro quo and hostile environment sexual harassment in all aspects of employment and occupation (i.e. access to vocational training, employment and particular occupations, and in terms and conditions of employment). It also asks the Government to provide detailed information on any initiative or measure taken to prevent and address sexual harassment in the workplace.

Article 1(1)(b). Other prohibited grounds of discrimination. Real or perceived HIV status. The Committee notes the Government’s indication that, because of the COVID-19 pandemic, the evaluation of the National Policy on HIV and AIDS and its Action Plan could not take place in 2021, as initially planned, and that it is now planned for 2026 only. The Committee takes note of the above information and again asks the Government to provideinformation on the implementation of the National Policy on HIV and AIDS and its Action Plan, as well as their impacton addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status.

Articles 1 to 3. National policy for equality of opportunity and treatment irrespective of religion, political opinion or social origin.The Committee asks again the Government to provide information on any measures taken or envisaged to promote equality of opportunity and treatment in employment and occupation for all, irrespective of religion, political opinion or social origin, such as any legislative or administrative measures on questions related to stereotypes and prejudices on such grounds, affirmative action measures, or the establishment of monitoring mechanisms or specialized bodies.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. The Committee welcomes the Government’s indication that the Ministry of Employment and Social Affairs, in partnership with the ILO and the Southern African Migration Management Project, implemented a sensitization campaign educating the general public on the economic contribution of migrant workers. The Committee remarks, however, that the Government reports that: (1) the Employment Department has been implementing a “localization programme” (or local talent development), which identifies Seychellois nationals as understudies of foreign workers to be trained to take up higher supervisory and management positions; and (2) when an employer makes an application for employment of non-Seychellois workers, job vacancies are heavily scrutinized to ensure that they are not advertised in a discriminatory way. According to information available on the Ministry of Employment and Social Affairs’ website, in 2021, the “localization programme” has permitted 150 young men and women to be trained and take key positions in their respective organizations. The Committee observes that: (1) the 2019–2023 Decent Work Country Programme (DWCP) for Seychelles, which has been extended to 2025, states that, while foreign labour is needed and can bring skills and technological transfers to the country, the increased number of Gainful Occupational Permits being issued in almost every sector of the economy can have negative impacts on the country and the local community, if not managed and regulated properly; and (2) Proposal No. 8.8 of the White Paper, which concerns Section 18 of the Employment Act on the restriction of employment of non-Seychellois, anticipates an increase of the application fee for a certificate to employ non-Seychellois, as well as an increase in the fines relating to the contracts of non-Seychellois. The Committee also points out that, in its concluding observations on the second periodic report of Seychelles, the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW): (1) noted that challenges remain in the implementation of the National Labour Migration Policy (2019), including difficulties in assessing labour market needs and protecting the rights of migrant workers; (2) welcomed the adoption of the National Labour Migration Action Plan (2020–24); (3) noted that migrant workers cannot change employers and that the termination of work contracts through dismissal or quitting implies termination of legal migration status in the country; and (4) recommended that routine and regular inspections of the working conditions of migrant workers in the Seychelles International Trade Zone be undertaken (CMW/C/SYC/CO/2, 17 January 2025, paras 7(c), 12, 33(a) and 45). While recognizing the importance of national development, the Committee wishes to highlight that, under the Convention, migrant workers should not be unfairly discriminated against. The Committee asks the Government to provide information on: (i) the implementation of the National Labour Migration Policy and the National Labour Migration Action Plan; and (ii) measures taken to ensure that the implementation of the “localization programme” does not affect the right of migrant workers to be treated without discrimination based on the grounds formally prohibited by the Convention. In this regard, please provide information on any progress made in relation to the adoption of Proposal No. 8.8 of the White Paper. The Committee further asks the Government to continue to provide information on any initiative or measure taken to: (i) prevent and address discriminatory attitudes and stereotypes based on the race, colour and national extraction of workers; and (ii) promote equality of opportunity and treatment in employment and occupation for migrant workers, including in theSeychelles International Trade Zone.

Equality of opportunity and treatment irrespective of sex. Addressing occupational gender segregation. The Committee notes from the statistical data provided by the Government that women make up the majority of employees in financial and insurance activities; professional, scientific and technical activities; public administration and defence, and compulsory social security; education; human health and social work activities; activities on households as employers; clerical support activities; as well as service and sales activities. For their part, men make up the majority of employees in the following activities: agriculture, forestry and fishery; electricity, gas, steam and air conditioning supply; water supply, sewerage and waste management; construction; as well as transportation and storage. The Government indicates that, on average, between 2019 and 2023, women held 45.2 per cent of managerial positions, and that 63.6 per cent of them were employed as professionals, and 53.5 per cent as technicians and associate professionals. The 2022 “Women in technology” publication of the United Nations Development Programme (UNDP) confirms that women and girls are under-represented in the Science, Technology, Engineering and Mathematics (STEM) sectors and, in 2020, only 8 per cent of women had graduated in STEM programmes at tertiary level compared to 38 per cent men. The Committee observes that, according to the 2024 Labour Force Survey, the enrolment of girls and boys in both primary and secondary schools is balanced, but regrets the unavailability of data disaggregated by sex, regarding enrolment in upper secondary schools and tertiary education. The Committee asks the Government to continue to provide information on steps taken to address effectively occupational gender segregation and, on any progress, achieved in this regard, including statistical data on labour participation disaggregated by sex, economic sector and occupation.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes the statistical data provided by the Government regarding earnings in the public sector for the second quarter of 2024. These data reveal that, on average: (1) women earn 17.2 per cent less than men; and (2) the gender pay gap stands at 12.6 per cent for women employed in public administration, defence, and compulsory social security; 21.3 per cent for those in the education sector; and 27.8 per cent for those working in human health and social work activities. The Government once again emphasizes that, pending the modernization of the Seychelles Revenue Commission’s data collection system, the National Bureau of Statistics (NBS) remains unable to publish sex-disaggregated earnings data for the private sector. The Committee recalls that the Government had previously indicated that the Commission was finalizing procedures for collecting such data in the private sector. The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this regard. In light of the significant wage disparities between women and men in the public sector, the Committee strongly encourages the Government to take the necessary measures to establish the conditions for collecting sex- and occupation-disaggregated earnings data – including for the parastatal and private sectors – to fully assess the extent of the gender pay gap in the country. Please report on any progress made in this respect.

Articles 1 and 2. Legislation. The Committee observes that, according to Proposal No. 25.1 of the White Paper: (1) the principle of equal remuneration for men and women for work of equal value enshrined in Article 1(b) of the Convention shall be introduced into the Employment Act; and (2) the term “pay” shall include “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”, as provided for in Article 1(a) of the Convention. The Committee expresses the firm hope that the Government will take the necessary steps to ensure that the new Employment Act gives full legislative expression to Article 1 of the Convention and is adopted without further delay. Please provide a copy of the text finally adopted.

Articles 1 to 3. Application of the principle of equal remuneration. Objective job evaluation. The Committee notes with concern the Government’s indication that there has been no new development regarding job evaluation in the private sector. In light of the persistent occupational segregation and substantive gender pay gap in the public and para-public sectors, for which recent data are available, the Committee wishes to draw the Government’s attention to its obligation to ensure that the principle of the Convention is also applied in the private sector. Consequently, once again, the Committee urges the Government to strengthen its efforts to promote the use of objective evaluation of jobs in the private sector, as no legal provision ensuring equal pay for work of equal value has been adopted yet, and to provide information on any measures taken to that end.

Article 2. National minimum wage.The Committee firmly hopes that the Government will be able to provide in its next report data on the percentage of women and men who are paid the national minimum wage. It asks the Government to provide information on any progress made in that regard.

Conventions No s 100 and 111 – Application in practice

Awareness-raising. The Government indicates that: (1) the annual communication plan followed by the Ministry of Employment and Social Affairs aims to sensitize the general public on employment laws and regulations through workshops or television and radio programmes; and (2) the labour clinics introduced by the Industrial Relations Section in 2024 aim to educate workers and offer them the possibility to seek advice on the registration of grievances. However, the general nature of this information makes it difficult for the Committee to evaluate the manner in which the principles of the two Conventions are promoted in practice. The Committee asks the Government to provide detailed information on any measure contributing to raise awareness on the principles of the Conventions among government officials, judges, workers, employers, and their organizations, as well as the general public.

Enforcement. The Committee notes the Government’s indication that, in most cases, discrimination in employment and occupation can only be identified by the officials of the Labour Monitoring and Compliance Section through thorough communication with workers upon inspection visits and that no cases of pay inequality between men and women have been reported to or dealt with by the labour inspectors or brought before the courts or any other competent authority. The Committee recalls that, where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see the General Survey on the fundamental Conventions, 2012, para. 870). The Committee requests the Government to provide information on the number, nature, and outcomes of any cases of discrimination in employment and occupation addressed by the competent authorities. In particular, it seeks details on cases involving: (i) sexual harassment; (ii) unlawful discrimination against migrant workers; and (iii) discrimination between men and women with respect to equal remuneration. The Committee also requests information on any measures taken or planned to facilitate access to enforcement mechanisms in cases of discrimination in employment and occupation (e.g. clear and accessible complaint procedures, protection against reprisals, simplification of the complaint process, providing legal aid and assistance, partial reversal of the burden of proof, etc.).

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

Articles 1 and 3 of the Convention. Protection of workers against discrimination. Legislation. For a number of years, the Committee has been requesting that, in the context of the revision of the Employment Act of 1995, the Government take steps to include in its national legislation provisions fully reflecting the Convention. It previously noted that sections 48(2) and (3) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly prohibited direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s statement, in its report, that a new Employment Bill was adopted, in 2018, but that the above-referred provisions have been maintained. The Government adds that a new section 48(8) has been added in the Employment Bill prohibiting discrimination against «a person or worker who is a member or office bearer of a trade union or refuses to become a member of a trade union or take part in the activities of a trade union». The Committee further notes the Government’s indication that, in 2019, no complaint was made regarding employment discrimination based on the grounds prohibited by the Convention. The Committee expresses the firm hope that the Government will make every possible effort to give full legislative expression to the principles of the Convention by ensuring that its national legislation explicitly defines and prohibits direct and indirect discrimination in employment and occupation, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to continue to provide information on any progress made in that regard, as well as on the number, nature and outcomes of any complaints dealt with by the competent authorities regarding employment discrimination based on the grounds covered by the Convention.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee previously noted that the Employment Bill of 2016 included a specific definition of sexual harassment but it only covered sexual harassment based on quid pro quo without addressing sexual harassment due to a hostile work environment. It notes the Government’s statement that section 48(5) of the Employment Bill of 2018 prohibits hostile environment harassment in terms that are wide enough to cover sexual harassment. The Committee however observes that such provision does not seem to refer explicitly to sexual harassment and generally refers to “unwelcome or unfriendly act committed by an employer”. In that regard, it wishes to recall that, to be effective, the prohibition of sexual harassment, which is a serious manifestation of sex discrimination, must explicitly cover not only behaviour, acts or words intended to obtain sexual favours, but also types of behaviour, acts or words with a sexual connotation which have the effect of creating an intimidating, hostile or humiliating work environment for an individual. It also emphasizes that the prohibition must not only apply to persons exercising authority, such as a hierarchical superior or an employer, but also work colleagues and even clients of enterprises, or other persons encountered in the work context (see General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee notes the adoption of the Domestic Violence Act, 2020 (Act No. 21 of 2020) which provides for the protection of victims of domestic violence but observes, in that regard, that the Act limits sexual harassment to «repeatedly unwanted sexual advances towards a person» (section 2). Taking note of the Government’s statement that no complaint for sexual harassment has been dealt with by the competent authorities, the Committee however notes that, in its 2019 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the incidence of gender-based violence in the State party which continues to be among the highest in the region; as well as the (2) underreporting of gender-based violence against women. The CEDAW explicitly recommended that the Government expeditiously adopt legislation criminalizing sexual harassment (CEDAW/C/SYC/CO/6, 12 November 2019, paragraphs 25 and 26). The Committee further notes that, in July 2021, in the context of the Universal Periodic Review (UPR), the United Nations (UN) Human Rights Council further recommended to strengthen efforts to combat gender-based violence, including by raising public awareness (A/HRC/48/14, 9 July 2021, paragraph 111). In light of the ongoing revision of the Employment Act, the Committee asks the Government to take the necessary measures to include specific legislative provisions: (i) defining and explicitly prohibiting all forms of sexual harassment in the workplace, both quid pro quo and hostile work environment; and (ii) whose scope of application is not limited to persons exercising authority. It further asks the Government to provide information on the measures and activities implemented in order to raise awareness of men and women workers, employers and their organizations of their respective rights and duties so as to prevent and address sexual harassment in employment and occupation in practice. The Committee asks the Government to continue to provide information on the number and outcome of any complaints of sexual harassment.

Articles 2 and 3. National policy to promote equality of opportunity and treatment. Referring to its previous comments where it asked the Government to provide information on any concrete steps taken, pursuant to the National Employment Policy and Strategies of 2014, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, the Committee notes with regret the repeated lack of information provided by the Government in that regard. It takes notes of the Government’s statement that the current practices in promoting equality are based primarily on implementing laws that prevent such actions. However, in light of the current absence of legislative provisions that explicitly prohibit direct and indirect discrimination on all grounds enumerated in Article 1(1)(a) of the Convention, the Committee wishes to emphasize the importance of implementing a national equality policy that would ensure that, in practice, workers are effectively protected against discrimination. Regarding the revised HIV/AIDS Policy of 2016 which includes as specific objective to reduce discrimination associated with HIV and AIDS in the workplace, the Government states that an action plan was drafted and sensitization activities were conducted in 2019 and 2020, including in collaboration with the National AIDS Council. The Committee notes the Government’s indication that no case of discrimination against workers on the basis of their real or perceived HIV status was registered in 2019, but that an evaluation of the action plan will be conducted in 2021. The Committee again asks the Government to provide information on the nature and impact of the activities implemented, in the framework of the National Employment Policy and Strategies or otherwise, to promote equality in employment and occupation, in particular irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, including awareness-raising or training activities, affirmative action measures, dissemination of good practices, and development of codes or guides. It further asks the Government to provide information on the results of the evaluation of the HIV/AIDS policy and action plan undertaken in 2021, in particular regarding their impact on discrimination associated with HIV and AIDS in the workplace, as well as on any case of discrimination and stigmatization of workers on the basis of their real or perceived HIV status dealt with by the competent authorities.

Promoting gender equality and addressing occupational gender segregation. Referring to its previous comments regarding the adoption of the National Gender Policy in 2016, the Committee welcomes the adoption, in March 2019, of the National Gender Plan of Action (NGPOA) for 2019-2023 which aims at articulating the activities that have to be undertaken by the respective sectors for the attainment of the policy’s goals and objectives. It notes the Government's indication that several actions will be undertaken under the NGPOA, among which are: (1) conducting a survey to identify barriers that impede women advancement in male dominated areas and sensitizing private sector employers on survey findings and their duties to address any discrimination; and (2) sensitizing women on their right to non-discrimination in the workplace, including during pregnancy. The Committee further notes that, as highlighted in the Decent Work Country Programme (DWCP) for 2019-2023, although statistics show that Seychelles has made significant progress in reducing gender inequality in the public sector, with an increasing number of women (approximately 40 per cent) occupying senior and decision-making positions, there is still a lack of statistics to establish the gender differences in the private sector. However, there is evidence that women continue to be slightly at a disadvantage when it comes to job opportunities, some jobs being difficult to access especially for women. In that regard, the Committee notes the Government’s indication that while occupational gender segregation is not a prevalent subject in Seychelles, there is clear evidence showing that either men or women are over-represented in certain sectors and to that end the National Institute of Science, Technology and Innovation is encouraging more girls to follow science, technology, engineering and mathematics (STEM) programmes.

The Committee notes that the DWCP sets as a specific priority the elaboration of a study on discrimination and gender equality but observes that the Government states that its implementation will depend on financial availability given the financial impact of the COVID-19 pandemic. In that regard, the Committee wishes to recall that workers most vulnerable to discrimination are generally more likely to be adversely affected by crises such as the COVID-19 pandemic and that specific attention should be given to the elaboration of a study on discrimination and gender equality which is critical, particularly to better understand and develop effective strategies and measures to minimize and address all forms of discrimination at work, more particularly between men and women. The Committee further notes that, in its concluding observations, the CEDAW remained concerned about: (1) the concentration of women and girls in traditionally female-dominated fields of study and their underrepresentation in the fields of STEM at the secondary and tertiary levels; (2) the lack of data, disaggregated by age and other relevant factors, on the dropout rate among pregnant girls and their re-entry rate following childbirth; (3) the persistence of discriminatory gender stereotypes and patriarchal attitudes regarding the roles and responsibilities of women and men in the family and in society; as well as (4) the frequent occupational segregation faced by women and the fact that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, paragraphs 23, 33 and 35). Furthermore, in July 2021, in the context of the UPR, the UN Human Rights Council specifically recommended to the country to address stereotypical attitudes about the roles and responsibilities of women and men in the family and in society in order to fully achieve gender equality (A/HRC/48/14, paragraph 111). The Committee asks the Government to: (i) provide information on the concrete measures implemented, in particular in the framework of the National Gender Plan of Action and the Decent Work Country Programme for 2019-2023; (ii) address occupational gender segregation through the diversification of the areas of education and vocational training for women; and (iii) improve equality of opportunity and treatment between men and women in employment and occupation in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. In that regard, it asks the Government to provide information on the results of any survey conducted on gender equality and discrimination at work, in particular in order to identify barriers that impede women advancement in male dominated areas. Recalling the importance of collecting statistical information on the participation of men and women in employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, the Committee asks the Government to provide such information in its next report.

Equality of opportunity and treatment irrespective of race, colour or national extraction. Migrant workers. Referring to its previous comments regarding its general observation of 2018 on discrimination based on race, colour and national extraction, the Committee welcomes the adoption of the Labour Migration Policy in October 2019 and notes that the policy sets as specific objective to protect the rights of migrant workers, on the basis of the principles of equality of treatment and non-discrimination. The policy recognizes that, despite a number of regulations and legal instruments adopted to protect the human and labour rights of migrant workers, documented rights violations and areas for concern include discriminatory wage practices, abusive working conditions, concentration of migrants in hazardous occupations, and lack of access to information, in particular for low-skilled migrant workers, including domestic workers. The Committee notes that, in light of the specific needs and vulnerabilities of migrant workers, the policy provides that the Government will take measures to strengthen the enforcement of existing regulations, protect workers from fraudulent and abusive recruitment practices, and improve data collection on abuses and violations. Welcoming the adoption of the Labour Migration Policy, the Committee asks the Government to provide information on the content and impact of the measures effectively implemented to address discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers and promote equality of opportunity and treatment of migrant workers.

Awareness-raising and enforcement. Referring to its previous comments regarding the activities undertaken to raise awareness of the principles of the Convention and ensure the effective application of the legislation, more particularly regarding the prohibition of discrimination in job vacancies, the Committee notes the Government’s indication that, in order to be proactive against discrimination cases, the Industrial Relations Section of the Employment Department also employs inspection officers who organize daily visits to identify potential breaches of employment laws and regulations, and conducts public sensitization programmes and activities, including via national television and radio programmes. The Government adds that discrimination regarding employment opportunities may exist in the country but that the numbers are very low in terms of reporting. In that regard, the Committee refers, to its 2020 direct request on the Labour Inspection Convention, 1947 (No. 81), where it noted that, according to the DWCP, the Labour Monitoring and Compliance Section of the Employment Department requires further capacity to maximize its effectiveness in its future labour inspections. It further notes, from the 2019 annual report of the Seychelles Human Rights Commission, that only four complaints were registered regarding the right to work but that no further information is available regarding their specific content or outcome. Regarding the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies, the Committee notes the Government’s statement that when it has been established that an employer has issued a discriminatory job vacancy, the Employment Department advises the employer that the content of the advert is contrary to the national legislation and requests him or her to re-advertise. The Committee asks the Government to provide information on the nature and impact of the activities undertaken, including by the Industrial Relations Section of the Employment Department, to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention, as well as the remedies and procedures available. It also asks the Government to provide information on the concrete measures taken to reinforce the capacity and effectiveness of the Labour Monitoring and Compliance Section of the Employment Department, and their impact in terms of identification and reporting of cases of discrimination in employment and occupation. The Committee asks the Government to provide information on the number, nature and outcome of administrative and judicial decisions regarding the principles of the Convention, and more particularly discriminatory job vacancies.

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

Articles 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislative developments. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides for some protection against discrimination based on gender as regards remuneration, but does not provide for equal remuneration for men and women for work of equal value. It previously noted that sections 48(1) and (9) of the Employment Bill of 2016, which was due to replace the Employment Act, explicitly provided for equal remuneration for men and women for work of equal value, and expressed the hope that the Bill would be adopted as soon as possible. The Committee notes the Government’s statement, in its report, that a new Employment Bill was elaborated in 2018, in order to introduce additional amendments while still incorporating the principle of the Convention. The Government adds that the recent COVID-19 pandemic has further delayed the possible approval of this new Employment Bill. The Committee expresses the firm hope that the Government will make every possible efforts to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Bill of 2018. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of any cases of pay inequality between men and women dealt with by the labour inspectors, the courts or any other competent authority.

Articles 2 and 3. Assessment of the gender pay gap. The Committee previously noted that, according to the last available statistical information: in 2012, the average gender pay gap for all occupational groups was estimated around 20 per cent. It requested the Government to provide updated statistical data, together with the findings of the Technical Research of 2012-15 on the labour market regarding gender issues, in particular the gender pay gap. Regarding the findings of the Technical Research, the Committee notes the Government’s statement that the draft Technical Research has not been approved as the information was outdated and none was available on the gender pay gap. It notes the Government’s indication that the National Bureau of Statistics (NBS) calculates average earnings by industry and sex for the government and parastatal sectors, while no data is available for the private sector which remains the predominant source of employment, representing 66.1 per cent of the formal employment (compared to 19.4 per cent for the government sector and 14.4 per cent for the parastatal sector) in 2020. The Committee notes that the Decent Work Country Programme (DWCP) for 2019-2023 highlights that more women than men are engaged in low paid jobs but the lack of sex-disaggregated information makes it difficult to assess the actual situation. In that regard, the DWCP sets as a specific output the strengthening of the labour market statistics and information systems through improved statistical surveys. The Committee further notes the Government’s indication that (1) the Seychelles Revenue Commission is finalizing data collection procedures on earnings in the private sector; (2) the Ministry of Employment, Immigration and Civil status has requested the NBS to undertake the analysis of the gender pay gap in their upcoming Household Budget Survey; and (3) the NBS has suggested the inclusion of income disparity indicators in the Quarterly Labour Force Survey to capture relevant data requirements and will consult the ILO for technical assistance to that end. The Committee welcomes this information. It however notes that, according to the NBS, in 2019, the average gender pay gap was estimated at 15.35 per cent in the public sector and 19.19 per cent in the parastatal sector, proportions which remain mostly unchanged since 2017. Furthermore, in the government and parastatal sectors, for which data are available, women employed in same occupational categories than men systematically received lower remuneration in all occupational categories. The Committee notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination Against Women (CEDAW) remained concerned that women frequently face occupational segregation with concomitant wage differentials, and that the high achievements of girls in education do not translate into labour market opportunities, in particular in the private sector (CEDAW/C/SYC/CO/6, 12 November 2019, paragraph 35). The Committee hopes that the Government will soon be able to collect and provide updated statistical information on remuneration levels by sector and occupational group, disaggregated by sex, that would permit an assessment of the evolution of the nature and extent of the pay gap, in particular in the private sector. It asks the Government to provide information on any progress made in that regard, particularly by the Seychelles Revenue Commission and the National Bureau of Statistics and within the framework of the DWCP for 2019-2023, as well as any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in the private, government and parastatal sectors. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in that regard.

Article 2(2)(b). National minimum wage. Referring to its previous comments where it asked the Government to provide information on the effective enforcement of the minimum wage, in particular in sectors in which women predominate, the Committee notes the Government’s indication that the national hourly minimum wage is set based on the cost of living and employment and unemployment trends, and is applicable to both men and women. The Committee welcomes the adoption of the Employment (National Minimum Wage) (Amendment) Regulations, 2019 (S.I. No. 62 of 2019) which increases the national minimum wage. The Committee again asks the Government to provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well on any obstacles encountered, in particular in sectors in which women predominate.

Article 3. Objective job evaluation. The Committee previously noted that, in the public sector, salaries established in the Public Service Salary Table, adopted in 2013, are based on a set of factors free from gender bias and requested the Government to take steps to promote the use of objective job evaluation methods in the private sector. The Committee notes with regret the Government’s statement that no method has been adopted to promote objective job evaluation, as no legal provision ensuring equal pay for work of equal value has been adopted yet. In light of the persistent occupational segregation and substantive gender pay gap in the public and para-public sectors, for which recent data are available, the Committee wishes to draw the Government’s attention to its obligation to ensure that the principle of the Convention is also applied in the private sector. It recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skill, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias (see General Survey on fundamental Conventions, 2012, paragraph 695). The Committee hopes that the Government will strengthen its efforts to promote the use of practical approaches and methods for the objective evaluation of jobs in the private sector, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure that skills considered to be “female” (such as manual dexterity or skills required in the caring professions) are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting). It asks the Government to provide information on any measures taken or envisaged to that end.

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

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 2 of the Convention. Work of equal value. Legislative developments. In reply to the Committee request for information on the adoption of the proposed amendments to the revised Employment Act of 1995, the Government indicates in its report that the adoption of the Bill is being delayed. However, the Employment Bill 2016, explicitly provides for equal remuneration for men and women for work of equal value under section 48.(1): “all workers performing work which is the same, or broadly similar or different but of equal value in terms of demand such as effort, skills, responsibilities, decision-making and conditions of work, will have the right to equal treatment, in particular equal pay, by their employer and any differences must be for a genuine and material reason, as determined by an objective job evaluation”. Further, under section 48.(9), the Bill states that “For the purpose of this section … ‘pay’ 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”. Taking note of this information, the Committee expresses the firm hope that the new Employment Bill, as revised, will be adopted as soon as possible and requests the Government to keep it informed of any developments in this regard

Articles 1 and 2. Assessment of the gender pay gap. In its previous comment, the Committee, noting that the average gender pay gap for all occupational groups is around 20 per cent (37 per cent for service and sales workers, 24 per cent for managers, 23 per cent for elementary occupations and 16 per cent for professionals), asked the Government to continue providing up-to-date statistical data on remuneration levels by sector and occupational group, disaggregated by sex; and to indicate the steps taken or envisaged to determine and address the structural and underlying causes of the gender pay gap. The Government states that no recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex has been collected since 2012. The Committee notes that, in its observation, the ASE expresses the need that a survey or research should be conducted to find out if there is a gender pay gap in the Seychelles. In that regard, the Committee notes that in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that technical research conducted in 2012–15 on labour market issues including discrimination and equal remuneration for work of equal value has been realized but that its findings are yet to be published. The Committee wishes to recall that, some of the underlying causes of pay inequality have been identified as the following: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey on fundamental Conventions, 2012, paragraph 712). Therefore, an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women. In order to undertake an assessment of the evolution of the nature and extent of the pay gap in the country, the Committee reiterates its request to the Government to provide updated statistical data on remuneration levels by sector and occupational group, disaggregated by sex. The Committee also requests the Government to provide it with the findings of the Technical Research of 2012–15 on the labour market regarding gender issues, in particular gender pay gap.

Article 3. Application of the principle. Objective job evaluation. Noting the Government’s statement that the Ministry of Labour and Human Resource Development is promoting the principle of objective job evaluation in the private sector, the Committee asked the Government to provide information on the methodology used when determining wage rates in this sector, and how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account and the criteria used are free from gender bias. The Committee notes from the latest Government’s declarations that wage rates are not determined by any methodology in the private sector as employers are free to make their own evaluation. A complaint of discrimination on the basis of gender could be registered at the Ministry by a worker who has been offered a contract that breaches the principle of equal remuneration for men and women for work of equal value. The Committee wishes to recall that the State has an obligation to ensure that the principle of the Convention is applied in the private sector and that various means exist to promote or ensure the use of objective evaluation methods, such as for example: predetermined job evaluation systems to determine the value of jobs; guidelines for establishing gender-neutral job classifications; non-sexist checklists for the evaluation and classification of jobs. The Committee asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods in the private sector, so as to ensure that skills considered to be “female” (such as manual dexterity and those required in the caring professions), are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting), in particular in predominantly carried out by women occupations or sectors.

Minimum Wage. The Committee asked the Government to provide information on the effective enforcement of the minimum wage, including any obstacles encountered, in particular in sectors in which women predominate. The Committee notes the indication of the Government that, with regard to the various complaints received by the Employment Department – including that of Minimum Wage issues – the Labour Monitoring and Compliance Section within the Employment Department conducts regular site visits to verify labour conditions, through routine visits, follow-up visits and investigations. In the event that a violation of the minimum wage is detected on site visits, the employer is informed with regard to the adjustment and back payment required, and the need for proof of same to be submitted to the Ministry for verification. Failure to adhere to the request of the Competent Authority may lead to prosecution as they constitute an offence under the Employment Act 1995. Workers may also register their grievance to claim Minimum wage and cases are mediated by Competent Officers of the Employment Department. In this regard, the Committee also notes the observation of the SFWU that the introduction of a National Minimum Wage makes it more difficult for workplaces to practice wage discrimination based on gender. However, in the absence of recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex, the Committee is not in a position to assess the impact of the national minimum wage on the average gender pay gap for all occupational groups. The Committee wishes to stress that, as women predominate in low-wage employment, the setting of minimum wages is an important means by which the Convention is applied in practice, as well as by improving the wages of low-paid workers and enforcing the payment of minimum wages (see 2012 General Survey, paragraphs 682 and 872). Noting that the information provided by the Government concerns the general enforcement of the regulations on minimum wage and not of the principle of the Convention, the Committee asks the Government to provide information on how it is ensured in practice that: (i) the criteria currently applied in setting minimum wages are free from gender bias; (ii) female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value; and (iii) those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention. Please also provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well as on the number of workers who are reportedly paid below the minimum wage.

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

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 1 of the Convention. Protection of workers against discrimination. In its previous comment, noting that the finalization of the Employment Act revision was still in progress, the Committee asked the Government to take steps to include provisions defining and prohibiting direct and indirect discrimination covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes from the Government’s report that the Employment Bill 2016, which is due to replace the revised Employment Act, includes provisions on direct and indirect discrimination. Section 48(2) provides that: “(a) An employer shall not make an employment decision against a worker on the grounds of the worker’s maternity, paternity and family responsibilities, age, gender, race, colour, nationality, social origin, language, religion, disability, real or perceived Human Immunodeficiency Virus status, sexual orientation or political opinion, trade union or other association; (b) A worker against whom such a decision is made will be deemed to have been directly discriminated against and may initiate the grievance procedure.” Further, section 48(3) provides that: “(a) An employer shall not apply a provision, criterion or practice to all workers irrespective of the characteristics at subsection 2(a) if (i) that provision, criterion or practice puts or would put workers of a specific worker’s characteristics at subsection 2(a) at a particular disadvantage when compared with other workers; and (ii) the provision, criterion or practice is to that specific worker’s disadvantage; (b) that worker will be deemed to have been indirectly discriminated against and may initiate the grievance procedure.” In response to the Committee’s request that the Government identify what steps are taken in practice to protect workers against discrimination on these grounds, the Government indicates that frequent routine (announced and unannounced) inspections are conducted in all sectors to ensure that employers are complying with the employment legislation. Welcoming the inclusion in the Employment Bill of provisions on prohibition of direct and indirect discrimination on all grounds enumerated in Article 1(1)(a), the Committee asks the Government to keep it informed as to the progress of the Bill. Meanwhile, the Committee asks the Government to provide information on any complaints before the competent authorities regarding employment discrimination based on the grounds prohibited by the Convention and the outcomes, including the remedies granted.

Discrimination based on sex. Sexual harassment. The Committee previously requested the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice. The Committee notes from the Government’s statement that section 48(6) of the Employment Bill 2016 defines sexual harassment in these terms: “(a) An employer shall not use explicitly or implicitly a person’s rejection of, or submission to, conduct of a sexual nature and other conduct, physical, verbal or nonverbal, based on sex affecting the dignity of women and men, which is unwelcome, unreasonable and offensive to the recipient as a basis for a decision which affects the person’s job; (b) A worker towards whom such an act is committed is deemed to have been sexually harassed and may initiate the grievance procedure.” The Committee would like to point out that this definition does not cover the full scope of “sexual harassment”, as it only covers sexual harassment based on quid pro quo but does not address sexual harassment deriving from a hostile environment. Concerning measures to prevent and combat harassment and sexual harassment in practice, the Government indicates that the Employment Bill 2016 has introduced a grievance mechanism in case of harassment whereby the Employment Tribunal shall establish whether an act of harassment has been committed and, if so, make any order of redress necessary (section 48(7)(b)). While welcoming the inclusion of an explicit provision on sexual harassment in its upcoming revised legislation on employment, the Committee urges the Government to take steps to ensure that the Employment Bill, when enacted, will define and prohibit sexual harassment (both quid pro quo and hostile environment harassment) in all aspects of employment and occupation, and asks that the Government provide a copy of the latest version of the Bill, or as enacted, with its next report. In addition, the Committee asks the Government to report on any steps taken to develop a national policy or strategy on the prevention of sexual harassment and to provide information on the number and outcome of complaints of sexual harassment.

Article 2. National equality policy. In its previous comment, the Committee requested the Government to detail the steps taken, within the framework of the renewed National Employment Policy and Strategies (NEPS), its action plan or otherwise, to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, and to provide information on the results achieved. The Committee also requested the Government to provide information on the study on discrimination in the workplace and its findings and on the adoption and implementation of the National Policy on HIV and AIDS in the workplace, in particular with respect to addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status. The Government indicates that the study on “discrimination in the workplace” has been postponed due to prior commitments and constraints and that the revised HIV/AIDS Policy was launched in April 2016. The Committee notes that Objective 2 of this policy is to: (i) reduce discrimination associated with HIV and AIDS in the workplace; (ii) develop concrete and realistic responses at workplace, community, sectorial and national levels to address issues of HIV and AIDS prevention, stigma and discrimination, the productivity of workers and businesses, and the care and support of workers infected or affected by HIV and AIDS; (iii) strengthen HIV mainstreaming in legal instruments and legislative work through review of existing legislation, policies and regulations and advocate for laws promoting stigma and discrimination of persons living with HIV; and (iv) promote the rights of workers in relevance to HIV and AIDS in the workplace through educational sessions, public awareness campaigns of various forms, strong pursuit of justice and zero tolerance to behaviours and administrative and/or social interactive practices that lead to stigma and discrimination of workers living with HIV and AIDS. The Committee notes the information provided as regard the NEPS, but considers that it is very general and does not indicate concretely the steps taken to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin in practice nor the impact of the implementation of the NEPS on workers most vulnerable to discrimination. The Committee asks the Government to provide information on any concrete steps taken pursuant to the National Employment Policy and Strategies, to effectively respond to the challenges faced by the workers most vulnerable to discrimination in employment and occupation, for example through awareness-raising or training activities, affirmative action measures, dissemination of good practice, and development of codes or guides. In addition, noting that the National Policy on HIV and AIDS in the workplace was adopted in 2016, the Committee asks the Government to provide information on its implementation and impact on addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status, including any relevant judicial decisions.

Promoting gender equality and addressing occupational gender segregation. In its previous comment, the Committee requested the Government: (i) to provide information on the concrete measures taken or envisaged to address occupational gender segregation; (ii) to promote gender equality in light of the 2014 National Employment Policy and Strategies, and (iii) to share any update on the finalization, adoption and implementation of the National Gender Policy. In its reply, the Government indicates that the National Gender Policy was officially launched on 25 November 2016. The Committee notes in that regard that in its report to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the Government declares that a National Gender Plan of Action 2019–23 was being developed (CEDAW/C/SYC/6, 9 July 2018, paragraph 151). The Committee asks the Government to provide information on the adoption of the Plan of Action of the National Gender Policy and the steps taken to implement it. Noting that the Government’s report does not respond to two of the points mentioned above, the Committee reiterates its request for information on: (i) the adoption and implementation of its proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies; and (ii) the measures adopted to proactively address occupational gender segregation, in particular by taking action in the areas of education and vocational training and to promote equality as regards access to paid employment as well as higher paying jobs.

Non-discrimination in the public sector. In the absence of information provided on this point, the Committee reiterates its request to the Government to provide details on the implementation in practice of the merit-based performance appraisal system included in the 2014 National Employment Policy and Strategies and the manner in which it ensures non-discrimination on the basis of the grounds covered by the legislation, in particular the grounds enumerated in the Convention.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3(a) and (b). National equality policy. Promoting the acceptance and observance of the policy. The Committee notes from the observations of the SFWU, that greater awareness of existing laws and regulations and policies among the general public, workers and employers and other stakeholders nationally could significantly contribute to promoting an environment without discrimination. It notes that the ASE, while recognizing the efforts of the Government and stakeholders to adopt measures to prevent discrimination in employment and occupation, denounces the practice of some organizations and companies that publish vacancies specifying age and gender criteria. The Committee wishes to recall that, in addition to legislative measures, a national equality policy should provide for concrete and practical measures to address existing inequalities. In that regard, public awareness-raising is essential to address prejudice and stereotyping regarding the professional abilities and aspirations of certain groups which lead to exclusion and discrimination in society and the labour market. The Committee points out further that awareness raising in cooperation with workers and employers and their organizations generates broader understanding of the principles enshrined in the Convention (see General Survey on fundamental Conventions of 2012, paragraphs 865–867). The Committee asks the Government to provide information on: (i) the activities undertaken to raise awareness among government officials, judges, workers, employers, and their organizations, and the general public on the principles of the Convention; and (ii) the steps taken to ensure the effective application of the legislation prohibiting discrimination in job vacancies.

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

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes the statistics of the Labour Survey 2011–12 provided by the Government on the hourly earnings of employees in their main job by occupation and by sex. The Committee notes that the average gender pay gap for all occupational groups is around 20 per cent (37 per cent for service and sales workers, 24 per cent for managers, 23 per cent for elementary occupations and 16 per cent for professionals). The Committee asks the Government to continue providing up-to-date statistical data on remuneration levels by sector and occupational group, disaggregated by sex. The Committee further asks the Government to indicate the steps taken or envisaged to determine and address the structural and underlying causes of the gender pay gap.

Equal remuneration for work of equal value. Legislation. The Government indicates in its report that the revised version of the Employment Act, 1995 will include a definition of “pay” reflecting the definition of “remuneration” in Article 1(a) of the Convention, and incorporate the principle of “equal pay for men and women for work of equal value”. The Government also indicates that “work of equal value” would mean that “men and women are performing work which is the same or broadly similar or different but of equal value in terms of demand such as effort, skills, responsibilities, decision making and conditions of work”. Welcoming these proposed amendments, the Committee hopes that the revised Employment Act will be adopted in the near future and explicitly provide for equal remuneration for men and women for work of equal value, including a definition of remuneration in line with Article 1(a) of the Convention. The Committee asks the Government to provide information on the steps taken in this respect.

Article 3. Objective job evaluation. The Committee welcomes the detailed information provided by the Government on the determination of salaries in the public service. Each job is assessed on the basis of a set of factors such as the level of education, experience, work complexity, accountability, responsibility, fatigue, working conditions, etc. The Committee notes that a new Public Service Salary Table was established in 2013 on this basis and that, according to the Government’s report, the salary structure is designed on the principle of equal pay for work of equal value. Noting the Government’s statement that the Ministry of Labour and Human Resource Development is promoting the same principles in the private sector, the Committee once again asks the Government to provide specific information on the methodology used when determining wage rates in this sector, and how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account and the criteria used are free from gender bias.

Minimum wage. As women generally predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, the Committee considers that such a system can have an influence on reducing the gender pay gap. The Committee welcomes the Government’s indication that no category of workers is excluded from the application of the national minimum wage. The Committee asks the Government to provide information on the effective enforcement of the minimum wage, including any obstacles encountered, in particular in sectors in which women predominate.

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

Article 1 of the Convention. Protection of workers against discrimination. For a number of years the Committee has been requesting the Government, in the context of the revision of the Employment Act, 1995, to take steps to include provisions defining and prohibiting direct and indirect discriminations covering at least all the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes the Government’s indication that the revision of the Employment Act is still being finalized by the Ministry of Labour and Human Resource Development (MLHRD). With respect to discrimination, the Government states that the revised Act will take into account the Committee’s comments, the provisions of the Convention and the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW/C/SYC/CO/1-5, 29 October 2013). The Committee understands that the Office had already provided technical assistance in 2011 to the Government regarding the revision of the Act and notes the Government’s indication that, once finalized, the draft amendments will be submitted to the Office before its adoption. Expressing the hope that the revised Employment Act will be adopted in the near future, the Committee requests the Government to ensure that the Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including political opinion, social origin and national extraction, with respect to all aspects of employment and occupation, and covering all workers. The Committee requests the Government to indicate how it is ensured that workers are protected against discrimination on these grounds in practice.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee notes from the Government’s report that the definition of harassment in the Employment Act will be amended and a specific definition of sexual harassment will be added. The Committee welcomes the draft provisions regarding harassment and sexual harassment included in the report. It recalls however that the provisions should not only cover quid pro quo sexual harassment “from a person towards another person” but also sexual harassment due to a hostile work environment (see General Survey on the fundamental Conventions, 2012, paragraph 789). In this context, the Committee also recalls the importance of providing for preventive measures and adequate proceedings, including with respect to the burden of proof, and appropriate sanctions. The Committee requests the Government to ensure that the draft amendments to the Employment Act define and prohibit both quid pro and hostile environment sexual harassment and to provide information on any other measures taken to prevent and combat harassment and sexual harassment in practice.

Article 2. Promoting gender equality and addressing occupational gender segregation. The Committee notes from the Labour Force Survey 2011–12 published by the National Bureau of Statistics that the distribution of employed persons by industry and by sex shows that women remain concentrated in public administration, health and social work, education, accommodation and food services, and men in agriculture, construction, manufacturing, trade and transportation. The Committee notes the detailed information provided by the Government on training and skills development. It notes in particular that in 2013, as part of the efforts to end occupational segregation and expand the occupational choices of girls and women, the MLHRD decided to diversify the areas of training under the employment training schemes, encouraging participants to consider taking training in construction, agriculture and horticulture, fishing, engineering and services. The Committee further notes that a draft National Gender Policy is being finalized (CEDAW/C/SYC/CO/1-5, paragraph 16) and that the Gender Secretariat has published a Gender and Law Manual to provide information and resources for parliamentarians, judges, lawyers and law enforcement agencies on gender related matters under the national legislation. Welcoming these initiatives, the Committee requests the Government to continue to provide information on the concrete measures taken or envisaged to address occupational gender segregation through the diversification of the areas of vocational training for women, and to promote gender equality in practice, including through awareness-raising campaigns to combat stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role and responsibilities in society. The Committee also requests the Government to provide information on the proposed strategy for the promotion of gender equality in the context of the 2014 National Employment Policy and Strategies (NEPS). The Government is also requested to take steps to finalize, adopt and implement the National Gender Policy and to provide information in this context on specific measures taken to promote gender equality in employment and occupation, and the results thereof.

Non-discrimination in the public sector. The Committee notes that the NEPS provides that the Government shall “promote a merit-based performance appraisal system throughout government and parastatals … to ensure non discrimination on the basis of age, sex, disability, HIV/AIDS status, maternity/family responsibilities, race, colour, nationality, social origin, language, religion, sexual orientation, political opinion, trade union activities or other associations and any other grounds”. The Committee requests the Government to provide information on the implementation of this system and the manner in which it ensures non-discrimination on the abovementioned grounds in practice.

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

Article 2 of the Convention. National equality policy. The Committee notes with interest the formulation, in collaboration with the social partners, and the adoption on 28 April 2014 of the renewed National Employment Policy and Strategies (NEPS). The NEPS includes a strategy on non-discrimination in the workplace which provides for detailed measures to promote gender equality and address discrimination against people living with disabilities, the elderly and people living with HIV/AIDS. The strategy highlights the importance of conducting a study on discrimination in the workplace to identify any possible forms of discrimination and ensure the effective application of the Equal Remuneration Convention, 1951 (No. 100), and the present Convention. The Committee notes from the Government’s report that the Ministry of Labour and Human Resource Development (MLHRD) has earmarked this study for the last quarter of 2014 and intends to finalize the Action Plan of the Policy, in consultation with the social partners, by October 2014. The Committee further notes the Government’s indication that a draft National Policy on HIV and AIDS in the workplace addressing discrimination of workers living with HIV is being developed in collaboration with the social partners. The Committee requests the Government to detail the steps taken, within the framework of the NEPS, its action plan or otherwise, to promote equality in employment and occupation irrespective of race, colour, sex, religion, political opinion, national extraction and social origin, and to provide information on the results achieved. The Committee also requests the Government to provide information on the study on discrimination in the workplace and its findings and on the adoption and implementation of the National Policy on HIV and AIDS in the workplace, in particular with respect to addressing discrimination and stigmatization of workers on the basis of their real or perceived HIV status.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislation. The Committee notes the Government’s indication that in the context of the review of the National Employment Act, the National Tripartite Committee will give consideration to including the principle of equal remuneration for men and women for work of equal value and to defining remuneration as set out in Article 1(a) of the Convention. The Committee asks the Government to provide specific information on the progress achieved in reviewing the National Employment Act, and in ensuring that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, including defining remuneration to include all the elements set out in Article 1(a) of the Convention.

Article 2. Application of the principle. The Committee notes from the Government’s report that the remuneration system in the public sector is managed by the Department of Public Administration (DPA), which recently revised the salary grid structure. The Committee also notes the Government’s indication that remuneration in the private sector is left to the market and should not be set below the minimum wage. The Committee asks the Government to indicate the methodology used by the DPA when determining wage rates, and how it takes into account the principle of equal remuneration for men and women for work of equal value, and ensures that the criteria used are free from gender bias. The Committee again asks the Government to provide information on steps taken to promote the application in practice of the principle of the Convention in the private sector.

Minimum wages. The Committee notes the Government’s indication that a national minimum wage has been introduced in the public and the private sectors. It also notes that the minimum wage became applicable to non-Seychellois workers in July 2010. The Committee notes that, pursuant to section 6 of the Employment (National Minimum Wage) Regulations 2007, the Minister of Employment and Human Resources may “exempt any worker or category of workers” from the application of the national minimum wage “subject to such conditions as the Minister may think fit”. The Committee asks the Government to provide specific information on the workers and category of workers exempted from the application of the national minimum wage, including specifying the number of women and men in such categories. Noting that the Minimum Wage Regulations were not included with the Government’s report, the Committee asks the Government to provide copies thereof.

Statistical information. The Committee notes that the Ministry of Labour has recommended that the National Bureau of Statistics gather sex-disaggregated data on the earnings of men and women, by occupation, sector and industry, in the context of the next surveys on employment and earnings. The Committee hopes that the Government will be in a position to provide the fullest possible statistical information disaggregated by sex in its next report, and asks the Government to provide information of progress achieved in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Legislation. The Committee notes the Government’s indication that a new Multi-Sectoral Committee has been established to review the National Employment Act of 1995, and that the attention of the new Committee will be drawn to the issue of direct and indirect discrimination, sexual harassment, as well as including “social origin” as an element of the definition of discrimination. The Committee urges the Government to take the opportunity of the legislative review to ensure that the new Employment Act explicitly defines and prohibits direct and indirect discrimination, on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation, and covering all workers, as well as including provisions to prevent and prohibit sexual harassment, both quid pro quo and hostile work environment harassment. The Committee asks the Government to consider forwarding the draft revisions to the Office before their adoption, to ensure their conformity with international labour standards, including Convention No. 111. Please provide information on steps taken in this regard.

Article 2 of the Convention. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that the principle of equality of opportunity and treatment will be considered in the review of the current national employment policy and will also be an integral part of the new revised Employment Act. The Committee notes that ILO technical assistance has been requested to develop the employment policy. The Committee encourages the Government to continue its efforts to develop and implement a national equality policy, and to take the necessary steps to obtain ILO technical assistance in this regard. Please provide information on any progress made, including measures taken or envisaged to promote equality in access to vocational training, employment and occupation.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the National Consultative Committee on Employment (NCCE) will promote the application of the Convention. The Committee asks the Government to provide specific information on the activities undertaken by the NCCE related to the application of the Convention, and on the role of the social partners in the context of the development and implementation of the national employment policy. The Committee also asks the Government to provide information on all other initiatives or programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

Article 3(e). Access to vocational training. Occupational segregation. The Committee recalls its previous comments noting the presence of occupational gender segregation in the labour market. The Committee observes from the statistical bulletin (October 2010) of the National Bureau of Statistics that 63.9 per cent of workers employed in the Government are women, especially in education, human health and social work activities and administrative and support services activities. The Committee asks the Government to provide information on any measures taken or envisaged to address occupational gender segregation. It particularly asks the Government to provide more information on how the Skills Development Programme and the retraining programme promote women’s access in a wider range of occupations and industries. Recalling the importance of collecting information, disaggregated by industry and occupation on the number of men and women employed both in the private and the public sector, the Committee asks the Government to provide such information in its next report.

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

Legislation. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), while providing for some protection against discrimination based on gender as regards remuneration, does not provide for equal remuneration for men and women for work of equal value. Furthermore, in spite of article 35(d) of the Constitution guaranteeing fair and equal wages for work of equal value, the Committee considered it desirable that the legislation include provisions giving full expression to the principle of the Convention. To this end, it should be ensured that remuneration be defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee notes that no steps have been taken in this regard. Noting from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the legislation will be reviewed in 2009, the Committee hopes that the Government will take the opportunity to include a provision giving full legal expression to the principle of equal remuneration for men and women for work of equal value, and ensure that the definition of remuneration includes all elements set out in Article 1(a) of the Convention.

Policies. In the absence of any new measures taken to promote the application of the Convention, the Committee reiterates the importance of ensuring that remuneration systems and employment policies ensure equal remuneration for men and women for work of equal value. The Committee hopes that the Government’s next report will indicate how remuneration systems take into account the principle of the Convention and include information on any measures taken to promote the full application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Minimum wages. The Committee notes the adoption of the Employment (National Minimum Wage) Regulations 2007, the text of which was attached to the Government’s report but not fully reproduced. Please provide a copy of the full text of the Employment (National Minimum Wage) Regulations 2007.

Objective job evaluation. The Committee notes the Government’s statement that no measures have been taken or are envisaged to promote the use of objective job evaluation methods. Recalling its 2006 general observation emphasizing the importance of developing such methods for the purpose of determining work of equal value, the Committee asks the Government to examine, in cooperation with the workers’ and employers’ organizations, the use of objective job evaluation methods in the public and private sectors.

Statistical information. The Committee notes that the statistics on the earnings by industry and sector provided are not disaggregated by sex and therefore do not permit an assessment of the extent or nature of any earnings inequalities that might exist between men and women. The Committee asks the Government to make an effort to compile and provide sex disaggregated data on the earnings or wages of men and women, by occupation, sector or industry.

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

Articles 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee recalls its previous comments in which it noted the discrimination provisions contained in section 46(1) of the Employment (Amendment) Act (Act 4 of 2006). It had requested the Government to indicate whether section 46(1) was intended to cover indirect discrimination and to clarify why the ground of social origin had been omitted. Noting the Government’s statement that the issues raised will be considered in the revision of the legislation in 2009, the Committee hopes that the new legislation will include an explicit prohibition of direct and indirect discrimination based on all the grounds of the Convention, including social origin.

Sexual harassment. With respect to its previous comments regarding legal protection from sexual harassment by co-workers, the Committee notes the Government’s statement that section 80(1)(a) of the Employment Act, 1995, makes employers liable to conviction for any act done by agents (employees) with the connivance of the employer. Recalling the elements defining sexual harassment set out in its 2002 general observation on the issue, the Committee asks the Government whether section 80(1)(a) covers both quid pro quo as well as hostile environment sexual harassment, and to indicate how persons are protected against acts of sexual harassment by co-workers without the connivance of their employer. Please also indicate the remedies available to victims of sexual harassment.

Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee refers to its previous direct requests regarding the elements that should be contained in a national policy on equality. Noting that the Government intends to commence discussions with the social partners on a national policy on equality of opportunity and treatment, which should be in place by mid-2009, the Committee hopes that the Government will be in a position to provide full information on the contents and the implementation of its policy in its next report.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that new activities have been undertaken with the social partners to promote the application of the Convention. The Committee hopes that, in the context of the discussions on the formulation of the national policy, proactive measures to encourage employers and workers to promote equality at the workplace will be considered, as well as means through which the National Consultative Committee can promote the application of the Convention.

Part V of the report form. The Committee notes the employment and labour market statistics for 2008. It notes that while the total number of female and male active jobseekers is more or less the same, female active jobseekers are primarily concentrated in the clerical and services occupational groups and to a lesser extent in the occupational group of professionals, while more than 75 per cent of the male active jobseekers are found in production. Most of the vacancies are registered for service and production workers in the hotel and restaurant industry and for production workers in the construction industry. Most job placements were in the occupational group of “production workers”, with a majority of them women. A high number of female job placements can also be found for service workers in the public sector. With respect to skills training, women constituted 89.8 per cent of the total placements. While men and women can be found in all occupational groups and industries, the Committee must observe that occupational gender segregation of the labour market exists both in respect of vacancies and active jobseekers. The Committee asks the Government to indicate the measures taken to address occupational segregation of men and women and to promote women’s access in a wider range of occupations and industries. Please also provide information on the type of vocational training courses in which women and men are respectively enrolled, as well as on the type of skills training that has been provided to women placed in the Skills Acquisition Programme and districts projects.

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

1. Legislation. The Committee notes that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour […], the worker may make a complaint to the Chief Executive stating all relevant particulars”. While this provision appears to cover discrimination based on gender as regards remuneration, the Committee notes that it does not provide for equal remuneration for men and women for work of equal value. Although section 35(d) of the Constitution guarantees fair and equal wages for work of equal value, the Committee considers it desirable to include in the legislation provisions giving full expression to the Convention’s principle, with a view to achieving its full application, in law and in practice. In this context, it should be ensured that, for the purposes of the application of the principle of equal remuneration for men and women for work of equal value, remuneration is defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the following:

(a)   the practical application of section 46A of the Employment Act, indicating the number, nature and outcome of any complaints brought relating to wage discrimination;

(b)   the measures taken or envisaged with a view to giving full legislative expression to the Convention’s principle and to ensuring that the definition used for the purposes of ensuring equal remuneration is provided for work of equal value includes all the elements set out in Article 1(a) of the Convention.

2. Policies. The Committee notes that the Employment Policy stresses the importance of access to employment and training without discrimination and the encouragement of equality of opportunity and equity within the work environment. The Policy also commits the Government to promoting a remuneration system based on performance and productivity results. The Committee asks the Government to indicate any measures taken to ensure that remunerations systems ensure equal remuneration for men and women for work of equal value. It once again asks the Government to provide information on any other measures taken or envisaged to promote the full application of the Convention’s principle in both the private and public sectors.

3. Minimum wages. The Committee notes from the Government’s report that a national minimum wage has not yet been fixed. Recalling its 2003 direct request concerning the Minimum Wage-Fixing Machinery Convention, 1928
(No. 26) in which it expressed the hope that minimum wage machinery would be set up without any further delay, the Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information regarding what measures are taken or envisaged to ensure that the future minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value.

4. Objective job evaluation. The Committee notes that in the Government’s report there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee refers the Government to its 2006 general observation under the present Convention for further guidance on the importance of objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for work of equal value, and asks the Government to indicate in its next report any measures taken or envisaged to promote the use of objective job evaluation methods.

5. Statistical information. The Committee notes that the statistical information on earnings provided by the Government is not disaggregated by sex. The Committee therefore asks the Government to provide with its next report detailed data concerning the earnings of men and women, by industry and sector.

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

1. Article 1 and 2 of the Convention. Legislative developments. Protection from discrimination. The Committee notes that the Employment (Amendment) Act (Act 4 of 2006) introduces non-discrimination provisions into the Employment Act 1995. Section 46(1) of the Act, as amended, provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour, nationality, language, religion, disability, HIV status, sexual or political orientation, trade union or other association, the worker may make a complaint to the Chief Executive stating all relevant particulars”.

2. The Committee recalls that the Convention aims at the elimination of direct and indirect discrimination. Indirect discrimination occurs “when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of certain characteristics, such as race, colour, sex, religion, and is not closely related to the inherent requirements of the jobs” (see the Committee’s Special Survey on Equality of Opportunity and Treatment, 1996, paragraph 26). The Committee requests the Government to indicate whether section 46A(1) is intended to provide protection not only from direct but also from indirect discrimination. Noting that this provision does not cover discrimination based on social origin, which is one of the grounds listed in Article 1(1)(a) of the Convention, the Committee requests the Government to indicate the reasons for this omission. It requests the Government to consider including in the legislation an explicit prohibition of direct and indirect discrimination, including discrimination on the ground of social origin.

3. Sexual harassment. The Committee notes that section 46B of Employment Act, 1995, as amended in 2006, provides that “an employer shall not commit any act of harassment against a worker”. The Committee notes that the term “harassment” as defined in section 2 appears broad enough to cover acts or conduct of a sexual nature, although the provision refers more generally to harassment on the ground of gender and other grounds. Noting the definition of “employer” in section 2 of the Act, the Committee requests the Government to indicate whether any protection is available from sexual harassment done by co-workers. Please also indicate the remedies available to victims of sexual harassment.

4. Articles 2 and 3. Formulation and implementation of a national policy on equality of opportunity and treatment. The Committee recalls that the Government previously indicated that it would consider the adoption of a non-discrimination and equality policy as soon as the Employment Act had been revised. The Committee notes that a national policy in accordance with Articles 2 and 3 of the Convention should, in addition to legislative measures, also provide for concrete and practical measures to address existing inequalities, for example, through promoting and ensuring equal access to training, vocational guidance and employment services, and awareness raising on discrimination and equality issues. It could also entail proactive measures to encourage employers to promote equality at the workplace. The Committee requests the Government to indicate any progress made in formulating and implementing a national policy in accordance with Articles 2 and 3.

5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government’s report, in respect to this provision of the Convention, refers to section 72A of the Employment Act 1995, as amended, which provides for the establishment of a tripartite National Consultative Committee. The Committee requests the Government to indicate any activities or initiatives of the National Consultative Committee promoting the application of the Convention.

6. Part V of the report form. Practical information on application. The Committee emphasizes the importance of assessing information indicating the practical application of the Convention, including statistical information. In this regard, the Committee requests the Government to provide information on the following:

n      statistical information on the participation of men and women in the labour market (public and private sectors), as far as possible by occupation and levels of responsibility;

n      statistical information on the number of men and women participating in the various types of training courses and apprenticeships;

n      information on any employment discrimination cases in the private or public sector addressed by the competent authorities, including information on any complaints brought under section 46A and 46B of the Employment Act.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s very brief report indicating that no significant changes have been noted in the application of the Convention in either law or practice.

1. The Committee notes the Government’s statement that the Employment Act is currently under revision. It hopes that the revised legislation will incorporate the comprehensive definition of remuneration set out in Article 1(a) of the Convention, which applies not only to wages but also to any additional emoluments, whether paid directly or indirectly, whether in cash or in kind, in order to ensure the promotion of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to keep it informed of any developments with regard to the adoption of the said legislation and to provide it with a copy of the revised Act when it has been adopted.

2. The Committee notes that the Government’s report does not contain a reply to the remaining points raised in its previous comments. The Committee therefore reiterates its request to the Government to include in its next report full information in reply to its previous direct request, which raised the following points:

(a)  Article 2. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women for work of equal value. Unfortunately, no copy of the Employment Policy has been received by the Office. Therefore, the Committee would be grateful if the Government would supply a copy of the said document with its next report. Please also provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

(b)  Determination of wages. Recalling the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise, the Committee asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

(c)  Article 3. Objective job appraisal. Recalling the Government’s statement that objective job appraisal is envisaged for public servants by the scheme of service and that the same procedure exists for the private sector, the Committee requests the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please also provide a copy of the scheme of service.

(d)  Part III of the report form. Enforcement. Recalling that according to section 64 of the Employment Act of 1995, workers may initiate a grievance procedure for any disputes between an employer and a worker, the Committee asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

(e)  Part V of the report form. Statistical information. Please supply recent statistical information and provide information on remuneration, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(1)(a) of the Convention. Legislative protection against discrimination and sexual harassment. Further to its 2002 observation on sexual harassment and with reference to its previous comments regarding the absence of legislation explicitly prohibiting discrimination in employment and occupation, the Committee notes the Government’s statement that the Employment Act of 1995 is being revised in order to ensure the prohibition of discrimination in employment and occupation on the grounds of race, colour, sex, religion, political opinion, national extraction and social origin; in addition, the Government indicates that the scope of the new legislation will cover all points raised in the 2002 general observation. The Committee hopes that the new Employment Act will provide adequate protection from direct and indirect discrimination at all stages of the employment process, and asks the Government to keep it informed of the progress made in this regard.

2. Article 2. Formulation and implementation of national policy on equality of opportunity and treatment. The Committee notes the Government’s statement that to date there is no non-discrimination or equality policy and that the matter will be considered as soon as the Employment Act has been revised. The Committee reminds the Government that, in addition to the adoption of legislation protecting against discrimination, the adoption and implementation of a policy on equality of opportunity and treatment also presupposes the adoption of specific measures designed to correct inequalities observed in practice. It hopes that the Government will soon be able to take active steps to ensure the promotion of equality of employment and occupation in law and in practice on all grounds listed in the Convention and requests the Government to keep it informed of any developments in this regard.

3. Article 3(a). Cooperation with the social partners and any other relevant bodies. In absence of any information on this point, the Committee reiterates its previous request to the Government to provide information on the measures taken to obtain the participation of employers’ and workers’ organizations or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

4. Article 3(d). Access to the public service. The Committee takes note of the Government’s explanations regarding the recruitment procedure under the Public Service Order. However, the Government’s report does not provide any information on how the principle of equality is ensured with respect to the other stages of the employment process, including promotion, terms and conditions of employment, and termination of employment in the public service. In order to be fully able to assess how the principle of equality in employment and occupation is applied in the public service, the Committee asks the Government to provide statistical information on the distribution of men and women in different occupations of the public service, as well as on the implementation of the principle of the Convention in other stages of the employment process.

5. Article 3(e). Access to vocational training. With regard to its previous comments on the application of the principle of equality in access to vocational training, the Committee notes the Government’s statement that its training policy places people at the heart of development and provides learning opportunities through a variety of programmes without discrimination. However, in the absence of any further information on the content and type of the training courses and apprenticeship programmes being held, and the distribution of men and women in these courses and programmes, it is difficult to determine whether inequalities or exclusion of candidates may possibly occur on the grounds referred to in the Convention. The Committee asks the Government to supply, in its next report, any information available, disaggregated by sex, on the participation of men and women in the various training courses and apprenticeships, and the results achieved. Please also provide information on how the Centre for Skills Development of the Employment Department and the National Vocational Training Board are ensuring that no direct and indirect discrimination occurs in the training and apprenticeship schemes.

6. Enforcement. The Committee notes the Government’s statement that the grievance procedure under section 64 of the Employment Act applies to disputes concerning allegations of discrimination in employment and occupation. The Government further indicates that cases of discrimination in the public sector are dealt with by the Ministry of Administration and Manpower Development or the Public Service Appeals Board. Please provide information on the number and the nature of the disputes and claims alleging employment discrimination brought under the abovementioned grievance procedure, or to the Ministry of Administration and Manpower Development or the Public Service Appeals Board, including information on their outcome. The Committee also reiterates its request to the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way.

7. The Committee reiterates its request to the Government to provide information on cases in which a person has been considered to be engaged in activities prejudicial to the security of the state.

8. Part V of the report form. Practical information on application. The Committee reiterates its request to the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibilities.

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

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 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.

3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.

4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.

5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.

7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.

8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.

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

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. The Committee notes that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.

2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.

3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.

5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.

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

The Committee notes the information contained in the Government’s first and additional reports, including the statistical information provided.

1. The Committee notes that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.

2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.

3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.

4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.

5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.

6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.

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

The Committee notes the information contained in the Government’s first report.

1. Article 1 of the Convention. The Committee notes that article 27(1) and (2) of the Constitution guarantees the right to equal protection of the law. The Committee notes that the Employment Act, 1995, regulates terms and conditions of employment, but that it does not prohibit discrimination nor does it require equality in employment and occupation. The Committee therefore invites the Government to consider amending its legislation to prohibit explicitly discrimination in employment and occupation. It also requests the Government to provide information with its next report on any other measure adopted or envisaged to prohibit discrimination in employment and occupation on the grounds enumerated in the Convention, namely race, colour, sex, religion, political opinion, national extraction or social origin.

2. Article 2. The Committee notes from the Government’s statement that it has not adopted a non-discrimination or equality policy, but notes that it refers to an employment policy, of which it omitted to provide a copy to the Office. The Committee therefore requests the Government to provide a copy of the employment policy with its next report. The Committee also requests the Government to indicate in its next report any further measures, including programmes and projects, that it has taken to declare and pursue a policy with a view to eliminating discrimination in employment and occupation, and particularly in terms and conditions of employment, for all workers on the basis of the grounds set out in the Convention. It also requests the Government to provide information on activities carried out by different institutions to promote and pursue the policy of equality in employment and occupation.

3. With respect to access to vocational training, the Committee notes the Government’s statement that it promotes integration of educational and vocational training programmes without any form of discrimination and that employers are obliged under the employment policy to train employees. The Committee requests the Government to provide detailed information on these training programmes, and particularly on how the principle of equality is being implemented in respect of access to vocational training. The Committee also notes that under section 28(1) and (2) of the Employment Act, 1995, the National Vocational Training Board, in collaboration with public or private organizations, shall promote, develop and organize training and apprenticeship schemes section. The Committee requests the Government to provide information with its next report respecting the role played by the National Vocational Training Board in promoting the principle of equality in training and apprenticeship schemes.

4. The Committee requests the Government to provide information with its next report on how the principle of equality in employment and occupation is implemented in the public sector with regard to recruitment, promotion, terms and conditions of employment and termination of employment.

5. The Committee asks the Government to provide information on the measures taken to obtain the cooperation of the social partners or any other body in applying the provisions of the Convention and the resulting action to promote equality in employment.

6. The Committee notes the Government’s statement that under section 64 of the Employment Act, 1995, workers may have recourse to a grievance procedure. The Committee requests the Government to clarify whether this procedure is applicable to disputes concerning allegations of discrimination in employment and occupation and, if not, to indicate the procedure that exists in the event of such disputes. The Committee also requests the Government to provide any interpretation that has been issued of the meaning of the term "valid grounds to terminate an employment" under section 57 of the Employment Act, 1995, in order to enable the Committee to satisfy itself that this provision is not used in a discriminatory way. The Committee also requests information on the procedures available for bringing discrimination claims in the public sector, together with information on any claims that have been made and on their outcome.

7. Article 4. The Committee notes the Government’s statement that any person who is suspected of or engaged in activities prejudicial to the security of the State will have their employment terminated on grounds of gross misconduct. It also notes the statement that such a person has the right to appeal to either the Ombudsman or the Public Service Appeals Board. The Committee requests the Government to provide information in future reports of cases in which a person has been considered to be engaged in activities prejudicial to the security of the State.

8. The Committee requests the Government to provide detailed information with its next report on the practical application of all the provisions of the Convention, including statistical information disaggregated by sex and on the composition of the public and private sectors, by occupation and level of responsibility.