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), 2 and 3(b). Prohibited grounds of discrimination. Sex. Sexual harassment. The Committee notes the absence of provisions for the private sector defining and prohibiting sexual harassment in the workplace and providing for penalties and remedies. It recalls that sexual harassment constitutes a serious manifestation of sex-based discrimination and is to be addressed within the context of the Convention (see the 2012 General Survey on the fundamental Conventions, paras 789–794). In this regard, it takes note of the concerns expressed by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) as well as the World Bank’s recommendation to the Government to formally prohibit discrimination in employment based on gender, enact legislation protecting women from sexual harassment in employment, and adopt criminal or civil penalties for sexual harassment in employment (CEDAW/C/KNA/CO/5-9/Rev.1, 4 January 2023, para. 30; and Women, Business and the Law 2024 snapshot). The Committee further observes that, in November 2020, in the context of the Universal Periodic Review (UPR) conducted under the auspice of the UN Human Rights Council, the Government stated its commitment to amending the Protection of Employment Act (1986) to prohibit sexual harassment within the workplace (A/HRC/WG.6/37/KNA/1, 9 November 2020, para. 31). The Committee notes in this respect that the National Gender Equality Action Plan 2022–27 (Policy Domain 4) provides for establishing a committee to review legislation on issues such as sexual harassment, with a view to updating the legal framework. Finally, it notes with interest that, according to the Government’s report to the CEDAW, relevant provisions in the Public Service Act make sexual harassment in the workplace a punishable offence, and that the Saint Kitts and Nevis Defence Force is currently developing a Sexual Harassment and Inappropriate Behaviour Policy (CEDAW/C/KNA/RQ/5-9, 5 October 2022, paras 71 and 74). The Committee urges the Government to consider incorporating into the labour legislation a clear definition and prohibition of sexual harassment in employment and occupation, encompassing both quid pro quo and hostile work environment harassment, along with preventive measures, sanctions and remedies. It further requests the Government to provide in the meantime information on: (i) any practical measures taken or envisaged to prevent and address sexual harassment of both women and men workers, such as awareness-raising campaigns, research, or targeted training for employers, workers, labour inspectors or magistrates; and (ii) the status of the Sexual Harassment and Inappropriate Behaviour Policy being developed by the Saint Kitts and Nevis Defence Force, and whether similar policies or initiatives exist or are envisaged across other public institutions and in the private sector as a whole.

Articles 1 to 3. National policy for equality of opportunity and treatment. HIV and AIDS. The Committee notes the Government’s indication, in its report, that no review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases, 2011 has taken place (contrary to what was foreseen in section 12 of the Policy), but that this revision will be undertaken within the ongoing exercise of amending the labour legislation. In this regard, it wishes to draw its attention to the HIV and AIDS Recommendation, 2010 (No.200). The Committee requests the Government to provide an indication of the timeline for the planned review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases, and of the proposed changes to the broader labour law. Additionally, it requests the Government to provide information on: (i) the number, nature and outcome of cases of discrimination based on real or perceived HIV/AIDS status dealt with by the labour inspectors, the courts or any other competent authorities; and (ii) any awareness-raising initiatives and training provided to workers, employers, their representative organizations, labour inspectors, and judges.

Articles 1 to 3. National policy for equality of opportunity and treatment. Equality between men and women. The Committee notes with interest the adoption of the Gender Equality Policy and Action Plan, launched in June 2022, through which the Government pledges, inter alia, to: (1) foster equality for men and women in labour force participation and access to social protection and labour rights; (2) eliminate gender-based violence and discrimination; (3) provide an enabling environment and corresponding systems for gender equality and the elimination of all forms of discrimination and gender-based violence; and (4) ensure the rights of “special groups” for gender mainstreaming, such as older persons, persons with disabilities, LGBTI persons, and migrants. It notes, however, that in its concluding observations, the CEDAW raised concerns about: (1) the low visibility of the Policy and Action Plan; (2) insufficient human, technical and financial resources allocated to the national gender machinery in Saint Kitts and the Department of Gender Affairs of Nevis to ensure the effective implementation of the Policy and Action Plan; (3) the lack of an institutionalized mechanism for coordination across all ministries and State agencies; (4) the lack of a specific mechanism to empower and ensure the meaningful participation of civil society organizations, in particular women’s rights organizations, in the review of legislation and the implementation of the gender-equality agenda; and (5) poor data quality and scarcity of gender-informed, disaggregated statistics (CEDAW/C/KNA/CO/5-9/Rev.1, para. 14). The Committee requests the Government to provide information on: (i) the measures taken under the Gender Equality Policy and Action Plan with a view to promoting equality of opportunity and treatment in employment and occupation, as well as on the results achieved to date (including outcomes of any awareness-raising, capacity-building, or gender-sensitization training/initiatives in the workplace); and (ii) the human, technical, and financial resources allocated to the national gender machinery (including the Focal Point for Gender Mainstreaming and Responsive Planning and the Department of Gender Affairs) to enable the full and effective implementation of the Policy and its Action Plan.

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

Articles 1 to 4. Gender pay gap and gender-based occupational segregation. The Committee notes with interest that the Government has taken steps to collect sex-disaggregated statistical data on the number of men and women employed and their corresponding earnings for Nevis, St. Kitts, and the Federation through the Social Security Board. Based on the figures for 2023–24 for the Federation, it notes that women average weekly earnings in certain sectors are consistently lower than those of men, despite women often holding more jobs and working more total weeks. For example, in January 2024, in the “Wholesale & Retail Trade” sector, women held 1,691 jobs and worked 7,962 weeks, receiving total wages of XCD 4,724,493 – approximately XCD 593 per week. In contrast, men held fewer jobs (1,395) and worked fewer weeks (6,765) yet received an average of XCD 738 per week. A similar pattern is observed in “Manufacturing” and “Other Community, Social & Personal Services”, where women also work more total weeks but earn less per week than men. These trends hold true across both 2023 and 2024. The Committee observes that this may reflect occupational segregation or undervaluation of women’s roles, and recalls that wage inequalities often arise due to the occupational segregation of men and women into certain sectors and occupations (see 2012 General Survey on the fundamental Conventions, para. 713). In addition, the Committee notes that the CEDAW recommended intensifying efforts to address the gender pay gap by regularly reviewing wages in sectors where women are concentrated and by adopting measures to close that gap, including gender-neutral job classification and evaluation methods, and regular pay surveys (CEDAW/C/KNA/CO/5-9/Rev.1, para. 31(b)). In that regard, the Committee recalls that the underlying causes of the gender pay gap are closely related to equality of opportunity and treatment between men and women in employment and occupation, and in particular to matters such as access to employment and occupation, occupational segregation, an unbalanced distribution of family responsibilities and gender roles and stereotypes. The Committee refers in this regard to its comments above on Convention No. 111.

Articles 1 to 3. Application of the principle of equal remuneration. Objective job evaluation methods. The Committee notes the Government’s indication that the Human Resource Management Department (HRMD) envisions, as part of a strategic human resource development plan, a performance management system which is already in place in some private sector industries. The Government emphasizes that these measures will foster a fair and transparent performance evaluation framework and reduce the risk of gender bias in remuneration practices. In this regard, the Committee wishes to underline that there is a significant difference between evaluating professional performance, which examines how a particular worker performs a job (the output), and objective job evaluation, which assesses the job itself (and not the worker) with a view to measuring the relative value of jobs with different content. The Committee also recalls that, under Article 3 of the Convention, appropriate methods must be used to evaluate jobs objectively. As women are very often engaged in different jobs than men, it is necessary to have a method of comparison through which it is possible to measure and compare the relative value of different jobs on the basis of objective and non-discriminatory factors (such as the required skills/qualifications, effort, responsibilities and working conditions) to prevent any sexist bias in their evaluation. Experience demonstrates that so-called “female” skills – such as manual dexterity and those involved in caregiving – are frequently undervalued or overlooked compared to traditionally “male” abilities such as heavy lifting, which contributes to perpetuating the undervaluation of women’s jobs and the widening of the pay gap between men and women (see 2012 General Survey on the fundamental Conventions, paras 695 to 701).

The Committee therefore encourages the Government to continue collecting detailed statistical information, disaggregated by sex and occupations, on the proportion of men and women employed in the different sectors and their corresponding earnings, and to use this information to identify and address any patterns of occupational segregation or gender wage gaps. It further requests the Government to provide information on: (i) the measures taken to promote women’s access to a wider range of jobs with career prospects and higher pay, both in the public and private sectors in which they are under-represented and sectors where they predominate but occupy lower-paying jobs; and (ii) any steps taken or planned to implement objective job evaluation methods in both the public and private sectors.

Conventions Nos   100 and 111 – Application in practice

Article 4 of Convention No. 100 and Article 3(a) of Convention No. 111. Statistics. In reply to the Committee’s request for information on the progress made in the implementation of the Labour Market Information System (LMIS) and collection of statistical data on employment and occupation, disaggregated by sex, the Government states that it has taken the Committee’s comments into account in its long-range planning for labour statistics. The Committee notes that the Government, through its Ministry of Employment and Labour, continues to strengthen data mining despite constraints in comprehensively implementing the LMIS. However, it does not provide any updated data since the ones provided in its 2013–18 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+30 national report). In that regard, the Committee notes the CEDAW’s concerns about the general lack of updated statistical data, disaggregated by sex, age, ethnicity, disability, geographic location, and socio-economic background, which are necessary for accurately assessing women’s situation, determining whether they experience discrimination, and developing informed, targeted policies (CEDAW/C/KNA/CO/5-9/Rev.1, para. 44). The Committee again requests the Government to provide information on: (i) the progress made in strengthening the implementation of the LMIS; and (ii) any updated statistical information, disaggregated by sex and occupation. The Committee recalls that the Government can avail itself of the technical assistance of the ILO with regard to the matters raised above.

Enforcement. Access to justice. The Committee notes the Government’s indication that most enforcement activities related to equality and non-discrimination in employment and occupation are handled by the Labour Inspectorate. The Committee observes that there have been no court or tribunal decisions on cases involving questions of principle relating to the application of the Conventions and that no formal complaints of pay discrimination have been brought before the Labour Commissioner. In this respect, the Committee wishes to recall that having no complaints or judicial decisions does not necessarily imply the absence of discrimination; rather, the absence or low number of discrimination cases or complaints may be due to the lack of an appropriate legal framework, the lack of awareness of rights and remedies, limited trust in existing redress channels, as well as problems of access to them, or fear of reprisals. Additionally, the absence of complaints or cases may also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey on the fundamental Conventions, para. 870). The Committee further notes that the National Gender Equality Action Plan 2022–27 (Policy Domain 9) calls for giving effect to the institutional mechanisms necessary for the Gender Management System, including the extension of the work of the National Ombudsperson to consider gender equality matters. In light of the above, the Committee asks the Government to provide information on: (i) the number, nature and outcome of cases of discrimination based on race, colour, sex (including pay discrimination), religion, political opinion, national extraction or social origin, dealt with by labour inspectors; (ii) any complaints, grievances, or judicial decisions relating specifically to pay discrimination, with an indication of the outcome in each case; (iii) the establishment of institutional mechanisms necessary for the Gender Management System, including the extension of the work of the National Ombudsperson to consider gender equality matters; and (iv) any measures taken to increase awareness among workers, employers and their respective organizations, as well as enforcement officials, of the available procedures and remedies in cases of discrimination in employment and occupation, including pay discrimination.

Convention No. 100. Awareness-raising. Promotion of the principle of equal remuneration. The Committee notes the Government’s statement that it disseminates promotional materials on the occasion of the Equal Remuneration Day every year; and provides training to labour inspectors for detecting patterns of pay discrimination. In light of the above, the Committee asks the Government to provide concrete information on the type of: (i) promotional material disseminated to the public; and (ii) training provided to labour inspectors, including number of sessions held and of participants.

Observation (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 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

Articles 1, 2 and 3(b). Discrimination in employment and occupation. Legislation. The Committee notes with concern that, despite its repeated requests, there has been no change in the labour legislation to define and prohibit direct and indirect discrimination in employment and occupation on all the grounds set out in Article 1(1)(a) of the Convention and extend the scope of the protection of the legislation beyond termination. It recalls that in 2015, the Government indicated its intention to incorporate the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation into the draft Labour Code tabled before the National Tripartite Committee in 2016. One of objectives of the CARICOM Model Harmonization Act regarding Equality of Opportunity and Treatment in Employment and Occupation is to give effect to the provisions of the ILO Conventions Nos 100 and 111 and, consequently, to eliminate, as far as possible, discrimination in employment and occupation against persons on the grounds of “race, sex, religion, colour, ethnic origin, national extraction, social origin, political opinion, disability, family responsibilities, pregnancy or marital status”. In its report, the Government indicates once again that its recommendations have been forwarded to the competent authority and form part of ongoing discussions among tripartite constituents on labour law amendments. In this regard, the Committee observes that the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, highlighted the lack of measures or time frame to adopt a comprehensive definition of discrimination covering direct and indirect discrimination and intersecting forms of discrimination in the public and private spheres (CEDAW/C/KNA/CO/5-9/Rev.1, 4 January 2023, para. 10(a)).

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

Articles 1 and 2. The principle of equal remuneration for men and women for work of equal value. Legislation. The Committee notes with concern the Government’s repeated assurance, that it will table an amendment to reflect the core principle of the Convention during the ongoing amendment exercise of the Labour Code and the Equal Pay Act. In that respect, the Committee observes that the CEDAW expressed concerns about the persistent gender pay gap and recommended amending the Equal Pay Act to incorporate the principle of equal remuneration for men and women for work of equal value, in line with ILO standards and target 8.5 of the UN Sustainable Development Goals (CEDAW/C/KNA/CO/5-9/Rev.1, paras 30 and 31(a)). The Committee takes notes of the Government’s statement, in its report to the CEDAW, that the announced amendments, once effected, should explicitly provide for the principle of equal remuneration between men and women for work of equal value, and that this includes similar or substantially similar work as well as work differing in nature but of the same value (CEDAW/C/KNA/RQ/5-9, 5 October 2022, para. 69).

Noting that the labour legislation reform process has been under way for more than a decade, the Committee urges the Government to expedite the finalization and enactment of the new Labour Code and the Equal Pay Act. Once again, the Committee expresses the firm hope that the these amended texts will contain provisions fully reflecting the principle of equal remuneration for men and women for work of equal ‘value’ as well as defining and prohibiting: (i) direct and indirect discrimination; (ii) at least on all of the grounds set out in Article 1(1)(a) of the Convention (in particular, religion, national extraction and social origin); (iii) in all aspects of employment and occupation; and (iv) for all workers. Consequently, the Committee requests the Government to provide information on: (i) any progress made in this regard; and (ii) any proactive measures implemented in the meantime to enhance understanding of the meaning and scope of application of the principle of equal remuneration for work of equal ‘value’ and direct and indirect discrimination among workers, employers and their organizations, as well as among relevant enforcement authorities.

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

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

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

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

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

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

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

Article 2 of the Convention. Equality between men and women.The Committee notes that, despite the launch in 2018 of a project to develop a National Gender Equality Policy and Action Plan, this document is still in draft form although consultations were held with private and public stakeholders in 2020 and 2021. The Committee notes, from the “working draft 2021” attached to the Government’s report, that two of the “policy domains” (or strategic axes) of the document are “Decent work and inclusive economic growth” and “Special groups for gender mainstreaming” which include youth, older people, persons with disabilities, LGBTIQ people, and migrants. The Committee firmly hopes that the National Gender Equality Policy and Action Plan will be adopted soon and asks the Government to provide a copy once adopted.

Discrimination based on HIV status. In reply to its request for information on the results achieved through the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011, the Committee notes the Government’s indication that six local companies (public and private) and four international corporations included HIV workplace policies as part of their workplace operational procedures. The Government however did not indicate if a review of the policy had been carried out in accordance with its section 12 (which provides that it should be reviewed at least every five years for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other chronic diseases, and new legislation). The Committee asks the Government to indicate if any review of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 has been carried out or is foreseen in the near future.

General observation of 2018. The Committee takes note of the information provided in reply to its previous comment regarding its 2018 general observation on discrimination based on race, colour and national extraction.

Enforcement and statistics. In its previous comment, the Committee urged the Government to act with a view: (1) to promoting equality in employment and occupation in the private and public sectors; (2) to providing information on the progress made towards the implementation of the Labour Market Information System (LMIS); and (3) to providing the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex. The Committee notes the statistical information provided by the Government in its 2019 report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing+25 national report, Appendix 5), as well as in the report submitted in February 2020 to the United Nations Committee on the elimination of all forms of discrimination against women (CEDAW) (CEDAW/C/KNA/5-9, 27 July 2020, page 28). This data shows gendered employment patterns in employment sectors, with male-dominated sectors such as fishing (100 per cent male), construction (88 per cent) and agriculture, hunting and forestry (78 per cent); and female-dominated sectors such as financial intermediation, health and social work, and employment in private household (around 70 per cent female for each). It also shows that there has been no change in these patterns between 2010 and 2017. The Committee also notes the indication, in the 2021 draft National Gender Equality Policy and Action Plan that women tend to be employed in the lowest paid occupations; have lower labour force participation rates than men and higher unemployment rates, with many women working part-time (less than 35 hours per week). The Committee notes the repeated assertions by the Government in its report, as well as in several reports to other international monitoring mechanisms (Beijing+25, CEDAW), that data collection presents serious challenges as statistics are not always available or not available in the required format (i.e. disaggregated by sex). In that respect, it takes note of the Memorandum of understanding signed on 5 February 2019 between the Department of Labour, the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to implementing the LMIS. Finally, the Committee notes the Government’s commitment to taking vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to providing information on the activities carried out in the next reporting cycle. The Committeeasks the Government to provide information on the progress made in the implementation of the LMIS and statistical data on employment and occupation, disaggregated by sex. It furtherurges the Government to report on the specific activities carried out to promote equality in employment and occupation in the private and public sectors.

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

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. The Committee notes with regret the Government’s statement, in its report, that there has been no new legislation or other measures adopted since the last report. In view of the above, the Committee reiterates once again its request that the Government give full legislative expression to the principle of the Convention, as soon as possible, and in particular that the new legislation include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value.

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

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

Legislative developments. Noting with regret that the Government has been providing the Committee with the same information for more than a decade now, the Committee firmly hopes that the new Labour Code will be enacted in the near future and that it will contain comprehensive provisions prohibiting:

• (i)direct and indirect discrimination,
• (ii)at least on all of the grounds set out in Article 1(1)(a) of the Convention,
• (iii)in all aspects of employment and occupation, and
• (iv)for all workers.

It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).

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

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

Article 2 of the Convention. Minimum wages. In its previous comment, the Committee noted that the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014 brought the national minimum wage up to 9 Eastern Caribbean dollars (XCD) per hour, but that separate minimum wage orders still applied for specific categories of workers. It asked the Government, inter alia, to provide information on the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, particularly through the Labour Commission and the labour inspectorate services. The Committee notes with interest the Government’s indication that the variation of wages according to sectors has been eliminated and that there is now a uniform minimum wage of XCD9 applicable to men and women workers in all sectors. The Government adds that the data collected by labour inspectors during their inspection did not reveal any gender inequality and that, in the application of sections 8 and 11 of the Equal Pay Act 2012, the Minister of Labour requested employers to submit to the Department of Labour, on a monthly basis, a survey sheet capturing the data regarding distribution of wages among workers, differentiated by sex. The Committee notes the Government’s indication that, as only a few employers complied, the Department of Labour is reminding all employers to submit their monthly survey sheets to the statistician of the Department. Based on the data captured through the monthly survey of distribution of wages, the Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations and their corresponding earnings. It also requests information on any case of wage discrimination identified by labour inspectors or otherwise as well as on the work of the tripartite Minimum Wage Advisory Committee.

Article 3. Objective job evaluation. The Committee notes the Government’s indication, in reply to its previous comment, that the Civil Service Act was adopted in 2011 and that, in 2014, five Statutory Rules and Orders (SROs) supporting the legislation were enacted. It notes that the objective job evaluation for the civil service, which started in 2008, has been completed and that a new project, launched in 2014 and entitled “Functional Reviews – A new policy framework for public sector modernization and human resource management” was near completion but halted following the 2015 change of government. It also notes the Government’s statement that there has not been any progress made in promoting objective job evaluation in the private sector but that this issue would be discussed by the National Tripartite Committee. The Committee asks the Government to continue to provide information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias, and to continue to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee, noting the Government’s indication, once again, that it is unable to provide information on any activities carried out in cooperation with the social partners to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, reiterates the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and firmly hopes that the Government will be in a position to provide detailed information on initiatives taken in this regard in its next report.

Application of the Convention in practice. In its previous comment, the Committee emphasized the need for sufficient human and financial resources in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs. It also asked the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of the Convention and to provide information on any cases regarding unequal pay brought to the Labour Commissioner. The Committee notes the Government’s indication that it has taken measures to strengthen the human resources of the Labour Inspectorate Services and that the monitoring of the application of the Equal Pay Act has been added to the list of items the labour inspectors have to verify during their inspections. However, no steps have been taken regarding cooperation with the Ministry of Gender Affairs nor with a view to raise awareness on the principle of the Convention. The Government also indicates that there have been no cases brought to the Labour Commissioner nor any relevant judicial decisions taken. The Committee notes the Government’s statement that awareness-raising activities will be carried out to ensure that the lack of judicial proceedings is not due to a lack of knowledge about workers’ rights. Recalling the importance of the role of judges and labour inspectors as well as cooperation among different governmental actors with a view to ensuring the effective application of the Convention, the Committee asks the Government to continue to provide information: (i) on the human and financial resources made available in order to establish a well-functioning labour inspection system; (ii) on measures taken to ensure cooperation with the Ministry of Gender Affairs; (iii) on measures taken to raise awareness of labour inspectors, judges, other relevant authorities, as well as workers and employers, regarding the principle of equal remuneration for men and women for work of equal value; (iv) on the practical application of the Equal Pay Act 2012; and (v) on any cases brought to the Labour Commissioner and any judicial decisions taken regarding unequal pay.

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

Legislative developments. In its previous comment, the Committee noted the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation had been incorporated into the draft Labour Code. It was anticipated that the Labour Code would be adopted in the first half of 2016. The Committee expressed the hope that the new Labour Code would be in line with Article 1(1)(a) of the Convention; and asked the Government to provide information on the possible inclusion of additional grounds of discrimination as foreseen under Article 1(1)(b), including discrimination based on real or perceived HIV/AIDS status. The Committee notes the information provided in the Government’s report that the new Labour Code has still not been adopted but that the Government will take the necessary steps to ensure that it contains comprehensive provisions prohibiting direct and indirect discrimination on at least all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee notes the Government’s statement that its request will be forwarded to the competent authority and the National Tripartite Committee for the inclusion of additional grounds of discrimination into the Labour Code, including discrimination based on real or perceived HIV/AIDS status. The Committee firmly hopes that the new Labour Code, containing comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation and for all workers, will be adopted soon and will contain comprehensive provisions implementing all aspects of Article 1(1)(a) of the Convention. It also asks the Government to provide information on any additional grounds of discrimination as foreseen under Article 1(1)(b).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes the information provided by the Government on the measures taken to promote the implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011. It notes that health education sessions and education on the policy were organized in five major business establishments which responded positively to the Government’s call to endorse the policy and adapt it in their workplace. The Committee notes that, according to section 12 of the policy, it should be reviewed by the Ministry of Labour, in collaboration with its Core Committee on Workplace Policy, every five years or sooner as deemed necessary for changes and improvements which may be needed as a result of new medical developments, new policies relating to HIV and AIDS and other Chronic Diseases, and new legislation. The Committee asks the Government to provide information on results achieved through the measures taken to promote the effective implementation of the National Workplace Policy on HIV/AIDS and Other Chronic Diseases 2011 and to indicate if any review of the policy has been carried out in accordance with its section 12.

Article 2. Equality between men and women. In its previous comment, the Committee asked the Government to continue to provide information on the progress achieved in adopting the gender policy and to provide more information on the training activities offered by the Ministry of Gender Affairs and the Women’s Training Centre and on any other measures promoting women’s equal opportunities, including with regard to access to vocational training and education. The Committee notes that, on 29 November 2018, the Ministry of Community Development, Gender Affairs and Social Services launched a project in cooperation with the United Nations Education, Science and Culture Organization (UNESCO) to develop a National Gender Equality Policy and Action Plan. Completion of the project is foreseen for the end of 2019 when it will be forwarded to Cabinet and Parliament for enactment. The Committee also notes that the Government indicates that rates of completion of primary and secondary education levels are higher for girls than for boys whereas it is the reverse at the university level; and that the White Paper on Education Development and Policy 2009–19 acknowledges that there are gender issues in training and that many people consider that there should be separate training courses for men and women. However, the related strategic plan does not state specific objectives, strategies or activities. The Government adds that there is a consensus that a transformation of technical and vocational education and training (TVET) is critical: a TVET policy review, which is expected to address gender equality as a fundamental issue, is being carried out through the Ministry of Education as well as an initiative with a view to redesign, strengthen and expand TVET programmes and facilities. The Committee asks the Government to provide information on the outcome of the project to develop a National Gender Equality Policy and Action Plan and to provide a copy of these documents once adopted. It also asks the Government to provide information on the activities organized by the Ministry in charge of Gender Affairs, the Women’s Training Centre or any other institution in order to promote gender equality.

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.

Practical application and statistics. In its previous comment, noting, on the one hand, the Government’s acknowledgment that not much had been done to promote employers’ and workers’ awareness regarding equality in the workplace but that such training and awareness raising was envisaged in the future and, on the other hand, that the Labour Market Information System (LMIS) installed in 2012 was not yet operational and that statistical data regarding employment and occupation was still not available, the Committee urged the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors. The Committee requested information on the specific training and awareness-raising activities carried out and on how the Labour Market Action Plan addressed the principle of equality of opportunity and treatment in employment and occupation. It expressed the hope that the LMIS would soon be operational and that the Government would be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex. The Committee notes that the LMIS, which is a regional project administered by the Caribbean Single Market and Economy regime of CARICOM, has encountered some technical difficulties. In its report, the Government indicates that the LMIS is still in developmental stage. It does not provide any information on the results of the 2014 Labour Force Survey. The Committee also notes that, on 5 February 2019, the Department of Labour signed a memorandum of understanding with the Department of Statistics (Ministry of Sustainable Development), the Ministry of National Security and the Social Security Board with a view to the implementation of the LMIS. The Committee firmly urges the Government to take vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and to provide information on the activities carried out. It also asks the Government to provide information on the progress made towards the implementation of the LMIS and to provide the results of the latest Labour Force Survey and statistical data on employment and occupation, disaggregated by sex.

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

Article 1 of the Convention. Work of equal value. Legislative developments. In its previous comment, the Committee requested the Government to give full legislative expression to the principle of the Convention and to take the necessary measures to amend the Equal Pay Act 2012 so that it would clearly set out the principle of equal remuneration between men and women for work of equal value. Noting the Government’s statement that the draft Labour Code had been tabled before the National Tripartite Committee, the Committee indicated that it trusted that all efforts would be made to include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value. The Committee notes with regret the Government’s indication that it was unable to enact the draft Labour Code. It also notes that a new draft has been prepared and was expected to be presented to, after review by the National Tripartite Committee and the holding of national consultations. It also notes that it is expected that new legislation would be enacted at a later stage to cover, inter alia, issues of equal opportunity and sexual harassment. The Committee refers to its previous observation on the issue and emphasizes, once again, the fundamental importance of the full implementation of the principle of equal remuneration for men and women for work of equal value, a concept which is wider than just “equal pay for equal work” and the cornerstone of the Convention. In view of the above, the Committee asks the Government to provide information on the obstacles encountered in the adoption of the draft Labour Code and on any developments in that regard. The Committee reiterates its request that the Government give full legislative expression to the principle of the Convention, as soon as possible, and in particular that the new legislation include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 2 of the Convention. Legislative developments. The Committee notes that pursuant to section 3(2) and (3) of the Equal Pay Act the employer who discriminates by failing to pay equal pay for equal work commits an offence and is liable to a fine. Where the offence is committed by any agent of the employer or some other person, he or she can be subject to proceedings, either together with or after the conviction of the employer, and shall be liable, on conviction, to the same punishment (section 5(1)); the court may order the employer to pay the employee arrears of remuneration due (section 4). The Act further provides that any provision of a contract of employment or collective agreement that contravenes section 3(1) shall be void (section 6(1) and (2)), and protects employees from victimization by the employer, who, if the case occurs, will be guilty of an offence and liable to a fine or imprisonment (subsections (4) and (5)). Section 7 of the Act puts the burden of proof of equal pay for equal work on the employer. The Committee requests the Government to provide information on the practical application of the Equal Pay Act 2012, including any judicial or administrative proceedings involving violations of sections 3(1) and 6(4) of the Act, and the convictions pronounced, sanctions imposed and remedies provided.

Minimum wages. The Committee notes the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014, bringing the national minimum wage up to US$9.00 per hour. However, separate minimum wage orders still apply for shop employees, security guards, “watchmen”, the manufacturing sector, and for hotel, casino, restaurant and other related workers. The Government merely indicates in this regard that the Minimum Wage Advisory Committee agreed on a minimum wage free from gender bias and that jobs undertaken by women are not being undervalued. The Committee therefore asks the Government to provide information on the following:

• (i) the specific measures taken to ensure that the criteria used for the determination of minimum wages in the different sectors excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order 2008, are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men; and
• (ii) the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services.

Noting that steps are being taken to collect relevant statistics on the distribution of men and women in the categories of work covered by the minimum wage orders, as well as wages paid in those sectors, the Committee asks the Government to provide such information with its next report.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. The Government refers however to the new Civil Service Act 2014, a copy of which was not received, and indicates that the Act might give insight on the methodology used. The Committee asks the Government to provide a copy of the new Civil Service Act and specific information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Government indicates that it is actively seeking the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, but that it is unable to provide any information on the specific activities carried out in this regard. The Committee recalls the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and asks the Government to provide detailed information on all initiatives taken in this regard.

Enforcement. The Committee notes that the Minister shall designate such officers for the purpose of investigating any complaint and otherwise securing the proper observance of the provisions of the Equal Pay Act (section 8). Section 3(5) requires that any prosecution for an alleged offence relating to section 3(1) of the Act shall first be preceded by a mediation procedure as set out in the Schedule to the Act. The Committee notes that the mediation procedure provides that a complaint may be submitted to the Labour Commissioner, who, if of the opinion that a contravention of section 3(1) has occurred, shall refer the case to a designated officer for investigation and settlement. Where the designated officer fails to effect a settlement, the Labour Commissioner may refer the matter to a mediator for review. The Government further indicates that the establishment of a more efficient labour inspection mechanism is still ongoing and it is the intention to ensure the necessary human and financial resources for this, during the financial year 2016. The Committee also notes that during the reporting period there were no judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information on steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken. Please provide information on the nature and number of any cases regarding unequal pay brought to the Labour Commissioner, including settlement obtained by the designated officers and referrals to the mediator.

Statistical information. The Committee notes that section 8 of the Equal Pay Act requires employers to keep records of remuneration, as are necessary, to show that the Act is being complied with in respect of the persons employed; an employer who fails to keep such records commits an offence and is liable on summary conviction to a fine. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their corresponding earnings.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Legislative developments. The Committee notes the Government’s statement that the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation has been incorporated in the draft Labour Code, which has been tabled before the National Tripartite Committee, and was anticipated to be adopted in the first half of 2016. The Committee hopes that the Government will take all necessary measures to ensure that the new Labour Code will contain comprehensive provisions prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Article 1(1)(b) of the Convention. Discrimination based on HIV status. The Committee notes with interest the National Policy on HIV/AIDS and Other Chronic Diseases 2011, which was developed in cooperation with the social partners. The Policy defines discrimination in accordance with the Convention, aims to provide guidance for the workplace with respect to people living with HIV and AIDS, and to ensure equal treatment in dealing with all workers, including job applicants living with HIV and AIDS. The Policy has a broad scope of application in terms of workers and economic sectors covered. The Policy includes guiding principles on recognition of HIV and AIDS, non-discrimination, gender dimensions, safety and health, social dialogue, screening for purposes of employment, prevention, reasonable accommodation, counselling, responsibility of employees, and protection from victimisation, as well as on disciplinary procedures and grievance resolution. The Policy makes specific reference to the HIV and AIDS Recommendation, 2010 (No. 200). The Committee requests the Government to provide information on the measures taken to actively promote the effective implementation of the National Policy on HIV/AIDS and Other Chronic Diseases 2011, and on the results achieved.

Article 2. Equality between men and women. The Committee notes the Government’s indication that the Ministry of Gender Affairs is procuring funding to complete the work on developing a gender policy, and that it conducts a number of training programmes to assist the public and private sectors in mainstreaming gender in the workplace. It also notes that training activities are offered to women by the Women’s Training Centre, and that a male officer in the Ministry of Gender Affairs conducts training programmes with men in the construction industry aimed at addressing their concerns, and upgrading their education and skills. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by Ministry of Gender Affairs for both men and women, and the Women’s Training Centre (women’s empowerment programme), particularly on the number of men and women that participated in such training, and the outcomes. Please also provide information on any other measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Other measures to apply the Convention. The Committee once again notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, such training and awareness raising is envisaged in the future. The Committee further notes that statistical data regarding employment and occupation are still not available, and that, according to the Government, the Labour Market Information System (LMIS) which was installed in 2012 is not yet operational. The Government further indicates that the data from the 2014 Labour Force Survey are still being analysed. The Committee urges the Government to take more vigorous steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation. The Committee hopes that the LMIS will soon be operational and that the Government will be in a position to provide the results of the 2014 Labour Force Survey and relevant statistical data on employment and occupation, disaggregated by sex.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1 of the Convention. Work of equal value. Legislative developments. The Committee notes the adoption of the Equal Pay Act No. 23 of 2012, which defines remuneration in broad terms in accordance with the Convention. However, the Committee notes with regret that section 3(1) of the Act only prohibits an employer from discriminating between male and female employees by failing to pay “equal pay for equal work”. Section 2(1) defines “equal work” as “the work performed for an employer by males and females in which: (a) the duties, responsibilities or services to be performed are similar or substantially similar in kind, quality and amount; (b) the conditions under which such work is performed are similar or substantially similar; (c) similar or substantially similar qualifications, degrees of skill, effort and responsibility required; and (d) the difference, if any, between the duties of male and female employees are not of practical importance in relation to terms and conditions of employment or do not occur frequently”. The Committee notes that these provisions are narrower than the principle of equal remuneration for work of equal value enshrined in the Convention, as they limit the requirement of equal remuneration for men and women to “similar or “substantially similar” duties, responsibilities or services, conditions of work and qualifications, skills, effort and responsibilities. The Committee emphasizes that the concept of “work of equal value” established in the Convention includes but goes beyond similar or substantially similar work performed by men and women and that comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 675). The Committee recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (see 2012 General Survey, paragraphs 673 and 697). The Committee requests the Government to give full legislative expression to the principle of the Convention and to take the necessary measures to amend the Equal Pay Act 2012 so that it will clearly set out the principle of equal remuneration between men and women for work of equal value – which should not only provide for equal remuneration for men and women performing similar or substantially similar work, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value. Noting the Government’s indication that the draft Labour Code has been tabled before the National Tripartite Committee and was expected to be adopted in the first half of 2016, the Committee trusts that all efforts will be made to include provisions explicitly guaranteeing equal remuneration for men and women for work of equal value, and requests the Government to report on the progress made.

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

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

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 comments.

Repetition

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the draft Equal Pay Act is now in line with the Caribbean Community (CARICOM) model legislation on Equality of Opportunity and Treatment in Employment and Occupation, and that the principle of equal remuneration for men and women for work of equal value is addressed in the draft Equal Pay Act. The Committee further notes the Government’s intention to include in the new Labour Code a provision on equal remuneration that is similar to the provision contained in the CARICOM model legislation. The Committee asks the Government to provide a copy of the actual text of the relevant provisions of the draft Equal Pay Act and the draft Labour Code, and to provide information on any further developments concerning the status of the draft legislation. Please supply a copy of the final texts once adopted.

Article 2. Minimum wages. The Committee notes the Government’s statement that it will continue to ensure that minimum wage legislation is free from gender bias, and recalls the Government’s indication that specific criteria will be included in the ongoing law review in this regard. The Committee further notes that no information has been provided regarding the distribution of men and women in the categories of work covered by the minimum wage legislation. In this connection, the Committee reminds to the Government of the importance of collecting such information in order to ensure that sectors in which women predominate are not being undervalued. The Committee asks the Government to provide information on the following:

• (i) the specific measures it intends to take to ensure that the criteria used for the determination of minimum wages are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men;
• (ii) how it ensures the application of the principle of equal remuneration between men and women for work of equal value, for workers excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order, 2008; and
• (iii) the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services. The Committee also asks the Government to take further steps to collect information on the distribution of men and women in the different categories of work covered by the minimum wage orders, as well as wages paid in those sectors.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. It also notes the Government’s intention to promote the same objective job evaluation in the private sector. The Committee asks the Government to provide information on the progress made in completing the job evaluation exercise for the civil service, and on the results achieved. Please also provide specific information on the methodology used. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. In the absence of the information previously requested, the Committee recalls the Government’s intention to continue its dialogue with the social partners as well as civil society organizations with regard to the application of the Convention. The Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Enforcement. The Committee once again notes that the Department of Labour, while envisaging the establishment of a labour inspection service, lacks the necessary human and financial resources. It also notes that during the reporting period there were no known judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information of steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Statistical information. Please provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their earnings.

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

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 comments.

Repetition

Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities carried out. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.

Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the draft Equal Pay Act is now in line with the Caribbean Community (CARICOM) model legislation on Equality of Opportunity and Treatment in Employment and Occupation, and that the principle of equal remuneration for men and women for work of equal value is addressed in the draft Equal Pay Act. The Committee further notes the Government’s intention to include in the new Labour Code a provision on equal remuneration that is similar to the provision contained in the CARICOM model legislation. The Committee asks the Government to provide a copy of the actual text of the relevant provisions of the draft Equal Pay Act and the draft Labour Code, and to provide information on any further developments concerning the status of the draft legislation. Please supply a copy of the final texts once adopted.

Article 2. Minimum wages. The Committee notes the Government’s statement that it will continue to ensure that minimum wage legislation is free from gender bias, and recalls the Government’s indication that specific criteria will be included in the ongoing law review in this regard. The Committee further notes that no information has been provided regarding the distribution of men and women in the categories of work covered by the minimum wage legislation. In this connection, the Committee reminds to the Government of the importance of collecting such information in order to ensure that sectors in which women predominate are not being undervalued. The Committee asks the Government to provide information on the following:

(i)    the specific measures it intends to take to ensure that the criteria used for the determination of minimum wages are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men;

(ii)   how it ensures the application of the principle of equal remuneration between men and women for work of equal value, for workers excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order, 2008; and

(iii)  the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services. The Committee also asks the Government to take further steps to collect information on the distribution of men and women in the different categories of work covered by the minimum wage orders, as well as wages paid in those sectors.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. It also notes the Government’s intention to promote the same objective job evaluation in the private sector. The Committee asks the Government to provide information on the progress made in completing the job evaluation exercise for the civil service, and on the results achieved. Please also provide specific information on the methodology used. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. In the absence of the information previously requested, the Committee recalls the Government’s intention to continue its dialogue with the social partners as well as civil society organizations with regard to the application of the Convention. The Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Enforcement. The Committee once again notes that the Department of Labour, while envisaging the establishment of a labour inspection service, lacks the necessary human and financial resources. It also notes that during the reporting period there were no known judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information of steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Statistical information. Please provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their earnings.

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

Legislative developments. The Committee notes the Government’s intention to include the Caribbean Community (CARICOM) Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the new Labour Code. The Committee hopes that the Government will take measures to adopt comprehensive legislation prohibiting direct and indirect discrimination at least on all the grounds set out in Article 1(1)(a) of the Convention, in all aspects of employment and occupation, and for all workers. The Committee asks the Government to continue to provide information on the status of the adoption of the new Labour Code, and in particular to indicate specifically how the non-discrimination provisions of the CARICOM Model Law will be included. The Committee also asks the Government to provide information on whether consideration is being given to including additional grounds of discrimination as foreseen under Article 1(1)(b) of the Convention, including discrimination based on real or perceived HIV/AIDS status, in keeping with the HIV and AIDS Recommendation, 2010 (No. 200).

Other measures to apply the Convention. The Committee notes the Government’s acknowledgment that not much has been done to promote employers’ and workers’ awareness regarding equality in the workplace, particularly in the private sector. However, it is envisaged that such training and awareness raising will take place in 2011. The Committee further notes that no statistical data regarding employment and occupation is available, although the Government is currently in the process of developing a Labour Market Action Plan, and a Labour Market Information System (LMIS) will be developed for the collection, analysis and dissemination of labour statistics. The Committee asks the Government to take steps to promote equality in employment and occupation in the private and public sectors, including awareness-raising activities for employers, workers and their organizations, and requests information on the specific training and awareness-raising activities foreseen for 2011. Please also indicate how the Labour Market Action Plan addresses the principle of equality of opportunity and treatment in employment and occupation, and provide information on any progress made in developing the LMIS.

Gender equality. The Committee notes that the Ministry of Gender Affairs is considering developing a gender policy. It also notes that training activities are offered to women by the Women’s Training Centre. The Committee asks the Government to continue to provide information on the progress achieved in adopting the gender policy, and to indicate how this policy will promote equality between men and women in employment and occupation. The Committee furthermore asks the Government to provide more information on the training activities offered by the Women’s Training Centre, particularly on the number of women that participated in such training, and the outcomes. Please also provide information on any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to vocational training and education.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Legislation. The Committee notes that the provision on the protection of non-discrimination contained in section 15 of the Constitution covers discrimination based on race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex and creed. Section 15(1) provides that, subject to certain exceptions, no law shall make any provision that is discriminatory either by itself or in its effect. Section 15(2) prohibits discriminatory treatment “by any person acting by virtue of any written law or in performance of the functions of any public office or any public authority”. The Committee further notes that section 11(d) of the Protection of Employment Act prohibits the termination of a contract of employment on the grounds of race, place of origin, birth out of wedlock, political opinions or affiliations, colour, sex or creed, marital status or family responsibilities.

The Committee notes that section 15 of the Constitution does not cover all the prohibited grounds of discrimination set out in Article 1(1)(a) of the Convention and that it does not appear to provide protection from discrimination that occurs with regard to private employment, while the Protection of Employment Act only addresses discrimination in respect of termination rather than all aspects of employment and occupation. The Committee therefore welcomes the Government’s intention to discuss the CARICOM Model Law on Equality of Opportunity and Treatment in Employment and Occupation in the National Tripartite Committee, with a view to its submission and adoption by the National Assembly. Trusting the Government will take all measures necessary to adopt comprehensive legislation giving effect to the Convention, the Committee requests the Government to provide information on the measures taken and the progress made in this regard.

Other measures to apply the Convention. The Committee recalls that, while equal treatment legislation is an important element of a national policy to promote equality of opportunity and treatment in employment and occupation in accordance with the Convention, such a policy should also include practical and promotional measures to ensure that the principle of equal opportunity and treatment in employment and occupation is observed in practice. The Committee therefore requests the Government to provide information on any practical measures taken or envisaged to promote equality, such as awareness raising or training on equality at work, publications, studies or surveys on discrimination, etc. The Committee also asks the Government to provide statistical data regarding employment and occupation, including vocational training, disaggregated by sex, race, ethnicity and religion, as soon as possible.

With regard to gender equality, the Committee notes from the Government’s report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the Ministry of Gender Affairs promotes gender workplace policies. The Committee asks the Government to provide further information on the specific activities of the Ministry of Gender Affairs to promote equality of men and women in employment and occupation, as well as examples of workplace policies. It also requests the Government to provide an overview of the situation of women in both private and public employment and any measures taken or envisaged to promote women’s equal opportunities, including with regard to access to training and education.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that a draft Equal Pay Act had been prepared, which, however, did not reflect the principle of equal remuneration for men and women for work of equal value. The Committee urged the Government to ensure that the legislation includes an explicit reference to this principle. In its report, the Government indicates that it intends to resubmit the draft Equal Pay Act to the National Tripartite Committee for review later in 2009. The Committee urges the Government once again to ensure that the future equal pay legislation is in full compliance with the Convention and that it explicitly refers to the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide a copy of the draft legislation, and provide the final text once adopted.

Article 2, paragraph 2(b). Minimum wages. The Committee notes that a national minimum wage was introduced in 2008, covering all sectors and workers irrespective of sex. The Committee also notes the Government’s indication that the ongoing law review is expected to include specific criteria to ensure that recommendations on minimum wages are free from gender bias. The Committee asks the Government to provide information on the measures taken in the context of the law review to ensure that minimum wage determination is free from gender bias. It also asks the Government to provide information on the distribution of men and women in the categories of work covered by the minimum wage orders, as soon as such information is available.

Article 3. Objective job evaluation. The Committee notes that a job evaluation exercise for the civil service started in 2008 and is expected to be completed in 2010, and that the Government also intends to promote job evaluation in the private sector. The Committee trusts that the Government will ensure that gender equality and equal remuneration for men and women for work of equal value are pursued as specific objectives of the job evaluation exercise in the public service, and asks it to provide further information on the methodology used and results of the exercise. Further, the Committee asks the Government to continue to provide information on the measures taken to promote objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee notes that the Government intends to continue its dialogue with regard to the application of the Convention with the social partners as well as civil society organizations, such as the Business and Professional Women Organization. Please provide more detailed information on the specific activities carried out and their outcomes.

Enforcement. The Committee notes from the Government’s report that the Department of Labour envisages the establishment of a labour inspection service to supervise the relevant provisions and to ensure greater cooperation with the Ministry of Gender Affairs. However, the Department currently lacks the necessary human resources. The Committee trusts that the necessary steps to establish a well functioning labour inspection service which pays due attention to monitoring the application of the Convention’s principle can be taken in the near future, and asks the Government to provide information on any further developments in this regard. Please also provide any court decisions regarding equal remuneration for men and women for work of equal value.

Statistical information. The Committee asks the Government to provide statistical information on the earnings of men and women in the different sectors and occupations as soon as they become available.

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

The Committee notes with regret 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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

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

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:

The Committee notes the Government’s first report. The Committee also notes the Government’s indication that a Proposed Equal Pay Act has been drafted and submitted to the competent authority.

1. Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to section 2(1) of the Proposed Equal Pay Act, the term “remuneration” means the salary or wages actually and legally payable and includes (a) time and piece work wages and overtime, bonus and other payments, and (b) allowances, fees, commission and every other emolument including fringe benefits, whether in one sum or several sums and whether paid in money or not. The Government also states that the term “equal pay” would mean a rate or scale of remuneration for work in which rate or scale there is no element of differentiation between male or female employees on the ground of their sex. The Committee notes, however, that the principle of “work of equal value” does not appear to be provided for in the draft law. The Committee refers in this context to its 2006 general observation on this Convention, which stresses the importance of the principle of “work of equal value” and its explicit expression in legislation. The Committee urges the Government to ensure that the legislation includes an explicit reference to the principle of equal remuneration for work of equal value. The Committee asks the Government to forward to it a copy of the Proposed Equal Pay Act, and keep it informed regarding the status of its adoption. The Committee also asks the Government to provide information on how the application of the principle of the Convention is ensured in practice.

2. Article 2. Wage determination. The Committee notes the Government’s indication that the Labour (Minimum Wage) Act (CAP 344) provides for the appointment of an advisory committee to make recommendations regarding the minimum rates of wages, and that the Act does not prescribe a minimum wage based on sex. The Committee notes that minimum wage orders have been adopted for hotel and casino workers, domestic workers, shop employees, security guards, and workers in the manufacturing sector. The Committee asks the Government to supply details on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration for work of equal value is promoted and ensured to all workers. The Committee also asks the Government to provide information on the specific criteria used by the advisory committee to ensure that its recommendations on minimum wages are free from gender bias, and to supply copies of the recommendations for setting minimum wages for the various sectors of the economy and any minimum wage orders adopted. The Committee asks the Government to supply statistical information, disaggregated by sex, on the distribution of men and women in the categories covered under these orders. The Committee further requests the Government to provide a copy of the Labour (Minimum Wage) Act.

3. Article 3. Objective evaluation of jobs. The Committee notes from the Government’s report that no general appraisal of jobs on the basis of work to be performed has been undertaken. The Committee recalls its 2006 general observation on the Convention and draws the Government’s attention to the importance of the use of objective evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee recalls that historical attitudes towards the role of women in society and the consequent occupational sex segregation tend to result in the undervaluation of “female jobs” in comparison with those performed mainly by men when determining wage rates. The Committee notes that in the report submitted under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Government has acknowledged the persistent stereotyping and occupational segregation, and stated that it is taking measures to change the social and cultural patterns that lead to stereotyping or reinforcing the idea that women are inferior (UN Document CEDAW/C/KNA/1-4, paragraphs 62–65). The Committee encourages the Government to ensure that objective job evaluation methods free from gender bias are used to determine the value of jobs in the public sector and to promote such objective job evaluation methods in the private sector. The Committee further asks the Government to supply statistical data disaggregated by sex on the distribution of men and women workers in the various occupations or sectors, along with their corresponding earnings and the gender wage differentials.

4. Article 4. Cooperation with social partners. The Committee notes that the Proposed Equal Pay Act has been submitted to and endorsed by the National Tripartite Committee on International Labour Standards, consisting of representatives of various government ministries, and workers’ and employers’ organizations. The Government indicates that members of this body are encouraged to solicit views from their respective institutions and transmit the information to the Tripartite Committee. The Committee asks the Government to indicate any other measures taken or envisaged to ensure cooperation between the Government and the social partners in promoting the effective application of the principle of the Convention.

5. Part III of the report form. Enforcement. The Committee notes that according to the information provided by the Government, the application of the relevant national legislation is entrusted to the Department of Labour and the Ministry of Gender Affairs. The Committee asks the Government to indicate how in practice the application of all the existing or envisaged relevant provisions is, or will be, supervised and ensured.

6. Part IV of the report form. Judicial and other decisions. The Committee notes that the Government’s report does not contain any information on judicial or other decisions concerning the principle of equal remuneration for work of equal value. The Committee asks the Government to gather and supply information on judicial or other decisions concerning the principle of equal remuneration for work of equal value.

7. Part V of the report form. National institutions charged with monitoring the application of the Convention. The Committee notes from the report submitted by the Government under the (CEDAW) that a “national women’s machinery” has been established that is charged with monitoring and improving the status of women in the country. It comprises the Minister of Women’s Affairs, the Permanent Secretary, the Director of Women’s Affairs and relevant staff, as well as the Inter-Ministerial Committee on Gender and Development. It is further supported by a National Advisory Council on Gender Equality and Women’s Organizations and other members of civil society working for the mainstreaming of gender in all national policies, plans and programmes. The Committee asks the Government to provide information on the initiatives so far taken and the activities carried out by the “national women’s machinery” to promote the application of the Convention.

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

The Committee notes the Government’s first report. The Committee also notes the Government’s indication that a Proposed Equal Pay Act has been drafted and submitted to the competent authority.

1. Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that according to section 2(1) of the Proposed Equal Pay Act, the term “remuneration” means the salary or wages actually and legally payable and includes (a) time and piece work wages and overtime, bonus and other payments, and (b) allowances, fees, commission and every other emolument including fringe benefits, whether in one sum or several sums and whether paid in money or not. The Government also states that the term “equal pay” would mean a rate or scale of remuneration for work in which rate or scale there is no element of differentiation between male or female employees on the ground of their sex. The Committee notes, however, that the principle of “work of equal value” does not appear to be provided for in the draft law. The Committee refers in this context to its 2006 general observation on this Convention, which stresses the importance of the principle of “work of equal value” and its explicit expression in legislation. The Committee urges the Government to ensure that the legislation includes an explicit reference to the principle of equal remuneration for work of equal value. The Committee asks the Government to forward to it a copy of the Proposed Equal Pay Act, and keep it informed regarding the status of its adoption. The Committee also asks the Government to provide information on how the application of the principle of the Convention is ensured in practice.

2. Article 2. Wage determination. The Committee notes the Government’s indication that the Labour (Minimum Wage) Act (CAP 344) provides for the appointment of an advisory committee to make recommendations regarding the minimum rates of wages, and that the Act does not prescribe a minimum wage based on sex. The Committee notes that minimum wage orders have been adopted for hotel and casino workers, domestic workers, shop employees, security guards, and workers in the manufacturing sector. The Committee asks the Government to supply details on the methods in operation for determining rates of remuneration and the manner in which the application of the principle of equal remuneration for work of equal value is promoted and ensured to all workers. The Committee also asks the Government to provide information on the specific criteria used by the advisory committee to ensure that its recommendations on minimum wages are free from gender bias, and to supply copies of the recommendations for setting minimum wages for the various sectors of the economy and any minimum wage orders adopted. The Committee asks the Government to supply statistical information, disaggregated by sex, on the distribution of men and women in the categories covered under these orders. The Committee further requests the Government to provide a copy of the Labour (Minimum Wage) Act.

3. Article 3. Objective evaluation of jobs. The Committee notes from the Government’s report that no general appraisal of jobs on the basis of work to be performed has been undertaken. The Committee recalls its 2006 general observation on the Convention and draws the Government’s attention to the importance of the use of objective evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee recalls that historical attitudes towards the role of women in society and the consequent occupational sex segregation tend to result in the undervaluation of “female jobs” in comparison with those performed mainly by men when determining wage rates. The Committee notes that in the report submitted under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), the Government has acknowledged the persistent stereotyping and occupational segregation, and stated that it is taking measures to change the social and cultural patterns that lead to stereotyping or reinforcing the idea that women are inferior (UN Document CEDAW/C/KNA/1-4, paragraphs 62–65). The Committee encourages the Government to ensure that objective job evaluation methods free from gender bias are used to determine the value of jobs in the public sector and to promote such objective job evaluation methods in the private sector. The Committee further asks the Government to supply statistical data disaggregated by sex on the distribution of men and women workers in the various occupations or sectors, along with their corresponding earnings and the gender wage differentials.

4. Article 4. Cooperation with social partners. The Committee notes that the Proposed Equal Pay Act has been submitted to and endorsed by the National Tripartite Committee on International Labour Standards, consisting of representatives of various government ministries, and workers’ and employers’ organizations. The Government indicates that members of this body are encouraged to solicit views from their respective institutions and transmit the information to the Tripartite Committee. The Committee asks the Government to indicate any other measures taken or envisaged to ensure cooperation between the Government and the social partners in promoting the effective application of the principle of the Convention.

5. Part III of the report form. Enforcement. The Committee notes that according to the information provided by the Government, the application of the relevant national legislation is entrusted to the Department of Labour and the Ministry of Gender Affairs. The Committee asks the Government to indicate how in practice the application of all the existing or envisaged relevant provisions is, or will be, supervised and ensured.

6. Part IV of the report form. Judicial and other decisions. The Committee notes that the Government’s report does not contain any information on judicial or other decisions concerning the principle of equal remuneration for work of equal value. The Committee asks the Government to gather and supply information on judicial or other decisions concerning the principle of equal remuneration for work of equal value.

7. Part V of the report form. National institutions charged with monitoring the application of the Convention. The Committee notes from the report submitted by the Government under the (CEDAW) that a “national women’s machinery” has been established that is charged with monitoring and improving the status of women in the country. It comprises the Minister of Women’s Affairs, the Permanent Secretary, the Director of Women’s Affairs and relevant staff, as well as the Inter-Ministerial Committee on Gender and Development. It is further supported by a National Advisory Council on Gender Equality and Women’s Organizations and other members of civil society working for the mainstreaming of gender in all national policies, plans and programmes. The Committee asks the Government to provide information on the initiatives so far taken and the activities carried out by the “national women’s machinery” to promote the application of the Convention.

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

The Committee notes with regret 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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II–V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.

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

The Committee takes note of the first report of the Government of Saint Kitts and Nevis.

1. Articles 1, 2 and 3 of the Convention. Prohibition of discrimination and establishment of a national policy. The Committee notes the Government’s statement that the Constitution and the Protection of Employment Act are currently the main instruments to promote the provisions of the Convention. It also notes that an Equal Opportunity and Treatment in Employment Bill, which appears to prohibit direct and indirect discrimination based on all the grounds contained in Article 1(1)(a) of the Convention, has been submitted to the National Assembly. It also takes note that a national policy will be tabled at the National Tripartite Committee meeting. The Committee welcomes these initiatives and asks the Government to provide copies of the national policy and of all relevant legislation in its next report.

2. Article 4. Measures affecting individuals suspected of activities prejudicial to the security of the State. The Committee requests the Government to provide information concerning the practical application of this Article as well as specific information on the procedures establishing the right of appeal available to persons covered under Article 4 of the Convention.

3. Parts II to V of the report form. Application of the principles of the Convention. The Committee notes that the Government’s report does not contain any information that would enable it to assess the application of the Convention. It therefore requests the Government to provide full information on each of the provisions of the Convention and on each of the questions set out in the report form. Such information could include statistical data disaggregated by sex, race, ethnicity and religion on all aspects of employment and vocational training, reports, guidelines or publications, as well as any other information that may enable the Committee to assess the manner in which the Convention is applied in practice.