Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

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

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

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

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

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