Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s first and second reports on the application of the Convention and asks it to provide further information on the following points.

1. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes that the further amended Industrial Relations Bill, which was handed over to the ILO in June 2004, contains a number of provisions on equal remuneration for men and women. While the Committee will examine the new legislation in detail as soon as it is adopted, it draws the Government’s attention to section 82 of the Bill. It appears that under this section, employers are required to pay equal rates of remuneration to men and women who have "the same or substantially similar qualifications" if they are employed "under the same or substantially similar circumstances". The Committee is concerned that this provision may be more restrictive than the principle contained in the Convention. The level of qualification, for instance the length of relevant experience or the level of a degree, may be used as an objective factor to determine remuneration, but it may not be used to restrict the comparison of remuneration received by men and women holding qualifications in the same or similar profession or occupation. Further, comparing work performed by men and women under "the same or similar circumstances" may unduly limit the scope of comparison of remuneration received by men and women, as jobs might involve different "circumstances", but may nevertheless be of equal value. It should be clarified that "same or similar circumstances" in this context means comparable skills, effort and responsibilities as used in section 83(1)(i). The Committee hopes that section 82 of the draft Bill will be revised accordingly, if necessary with the assistance of the ILO.

2. Minimum wage fixing. The Committee notes that a series of new Wage Regulation Orders for a number of sectors have been adopted between 2002 and 2004. It asks the Government to indicate the manner in which the principle of equal remuneration for men and women workers for work of equal value has been taken into account in the preparation of these orders. Please also indicate what progress has been made in reducing the gender wage gap in the industries covered by these Wage Regulation Orders.

3. Articles 2 and 4. Collective agreements and cooperation with social partners. The Committee asks the Government to provide information on how collective agreements apply the Convention, and to provide examples of collective agreements doing so. Noting that representatives of workers’ and employers’ organizations are members of the wage councils established under the Wage Councils Act, the Committee would appreciate receiving any further information on any cooperation with workers’ and employers’ organizations with a view to giving effect to the Convention.

4. Parts II and IV of the report form. Enforcement. The Committee asks the Government to provide information on the concrete measures taken by the competent authorities with regard to ensuring the application of laws and regulation on equal remuneration, including any relevant administrative and judicial decisions.

5. Part V of the report form. Statistical information. The Committee asks the Government to provide information on the remuneration received by men and women in the various sectors and occupations, as far as possible disaggregated by ethnicity, as to enable it to assess the progress made in reducing the gender pay gap.