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