Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report and the attached schedules setting out the classification/pay levels and distribution by sex in the public services.

1. The Committee notes from the Government’s report that there still have been no amendments to the Employment (Equal Pay for Equal Work) Act of 1975. The Committee has been pointing out for a number of years that section 2 of the Act only refers to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work of "equal value", even though the work may be of a different nature. In this regard, the Committee again draws the Government’s attention to paragraphs 19 and 20 of the General Survey of 1986 on equal remuneration explaining "work of equal value". While the Committee notes the efforts by the Government to make progress in reducing the wage differentials between men and women, particularly through the adoption of the Equal Pay for Men and Women Act of 1975 and of the 2001 Minimum Wage Order, it hopes that the next report will include information on the Government’s intention to ensure conformity with Article 1 of the Convention through legislation or other measures.

2. The Committee welcomes the acknowledgement by the Government that, while the principle of equal remuneration operates quite effectively at the minimum wage level, less progress has been made at high salary levels. In this regard, the Committee notes the Government’s assertion that, in the printing industry, "males tend to do more highly skilled, physical tasks, whereas females perform in more clerical, administrative roles". The Committee also notes that, according to the Government’s data, approximately 2.7 per cent of males in the public service earn more than US$1 million, while only 1.4 per cent of women earn above this amount. The Committee recalls that horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities is one of the causes of pay differentials between men and women, and asks the Government to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g., promoting equal access of women to all occupations and economic sectors and to jobs with decision making and management), for both the public and private sector.

3. The Committee notes that the Government is changing over to a fully quantitative method of job evaluation for the civil service. The Committee also notes the Government’s reiteration of the point that the public sector modernization programme and reclassification of Government employees are forms of job appraisal that promote an objective appraisal of jobs on the basis of the work to be performed. Lastly, the Committee notes that the programme describes civil service positions in terms of the kinds and levels of work, and prescribes qualifications and performance standards to be used in, among others, recruitment and selection, training, career development and determination of pay. The Committee would be grateful if the Government would provide information about the quantitative method, as well as detailed information on the qualifications and performance standards that the programme has developed and the means by which gender bias has been avoided in their development and implementation.

4. The Committee notes with interest that significant progress has been made in reducing the differential wage rates for male and female workers at the minimum wage level. It notes, in this regard, changes in the national minimum wage effected by the Minimum Wage Order of 2001. The Committee asks the Government to continue to provide information regarding this reduction in differential wage rates, including statistical data, on minimum wages actually paid to men and women.

5. While noting the Government’s statement in its report that collective agreements are one of the practical means by which the principle of equal remuneration is applied, the Committee nevertheless repeats its request that the Government provide copies of current collective agreements for various industries or enterprises in the private sector, and to provide information on applicable wage scales, as well as on the distribution of men and women in the different occupations and levels covered by the collective agreements.

6. The Committee notes that the Pay and Conditions of Employment Branch is responsible for enforcing the equal pay and minimum wage provisions of national law. The Committee asks the Government to provide information on the enforcement activities of this Branch, including statistics on numbers of investigations performed, violations discovered and remedies applied.