Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

1. In its previous direct request, the Committee noted that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations are usually established on the basis of job evaluation, and observed that the legislation does not require an objective appraisal of jobs. Accordingly, it requested the Government to consider taking measures to ensure that the principle of equal remuneration for men and women workers for work of equal value is given legislative expression. The Committee notes the first reply of the Government (received in October 1994) in which the Government indicated its intention to amend the Labour Relations Act in order to lay down formally the incorporation of job evaluation as a yardstick when fixing wages. Nevertheless, in its most recent report, the Government states that existing legislation is sufficient to ensure respect for the principle enshrined in the Convention. The Committee requests the Government to confirm whether the amendment of existing legislation is still envisaged and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

2. Having noted in a 1986 publication of the Zimbabwe Institute of Development Studies (ZIDS) that casual workers in the food-processing industry (which employs essentially women) are not protected by the provisions regarding minimum wages, the Committee asked the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. The Government replies that section 3 of the 1984 Act applies to all workers with the exception of civil servants. The Government states that casual workers, in particular, enjoy the minimum wages provisions although it recognizes that permanent workers may enjoy additional benefits (pension rights, gratuity, etc.) because of their permanent status. The Government states, however, that casual workers are compensated partly by being paid double hourly or daily rates. The Committee notes this information and requests the Government to indicate in what way the principle of equal remuneration between men and women for work of equal value, enshrined in the Convention, is drawn to the attention of casual workers and the social partners. For more details, the Committee requests the Government to refer to Article 4 of the Convention and to Paragraph 7 of the Recommendation.

3. In its previous direct request, the Committee requested the Government to supply the texts of collective agreements which it said it had attached to its report but which were not received. The Committee once again requests the Government to send it the texts of collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed (for example, the textile industry) together with, if possible, an indication of the percentage of women employed in the different grades.

4. The Committee reiterates its request concerning the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels of responsibility. It notes the Government's affirmation to the effect that it does not have available the statistical data requested concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down by occupation or sector of employment, seniority or level of qualifications as well as information on the corresponding percentage of women engaged in the various sectors or occupations with the exception of the textile sector in which the Government indicates that 35 per cent of the labour force is women. The Committee also asked the Government to furnish any information regarding any surveys or studies undertaken or envisaged by the Department of Women's Affairs or the ZIDS with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention. It notes that the Government states that no studies or surveys have been conducted or are contemplated and that ZIDS no longer exists. In this regard, the Committee wishes to recall the tenor of its 1990 general observation in which it indicated that one of the difficulties encountered by governments which have ratified the Convention seems to be caused by a lack of knowledge of the situation due to the absence or inadequacy of data and research in the field of equal remuneration. In view of the importance of having statistical data, broken down by sex, to assess the practical application of the principle of equal remuneration enshrined in the Convention, the Committee reminds the Government that ILO technical assistance is available in this field.

5. The Committee notes the statistics supplied by the Government on the number of inspection visits made between 1992 and 1995 and requests the Government to specify, in future, the number of violations concerning equal remuneration and the punishment imposed.

6. The Committee notes the promotional activities related to the Convention undertaken by the Government with the assistance of the ILO and certain non-governmental organizations, particularly in the dissemination of information on human workers' rights. It also notes that the social partners organize training sessions on women workers' rights, including the right to equal remuneration for work of equal value. The Committee notes that there is a foundation, the Zimbabwe/Notad Foundation, under the Ministry of National Affairs which also specializes in women and law and the Committee therefore requests the Government to provide a copy, if possible, of excerpts on the application of the Convention from this body's activity report.