CMNT_TITLE

Equal Remuneration Convention, 1951 (No. 100) - United Republic of Tanzania (RATIFICATION: 2002)

Other comments on C100

Observation

Direct Request

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Article 2 of the Convention. Wage boards. Minimum wages. The Committee previously noted that the Labour Institutions Wage Order No. 196 of 2013 set out the lowest minimum monthly wages in sectors where more women are employed, while predominantly male industries have higher wages. The Committee notes the Government’s indication, in its report, that while the abovementioned Wage Order is still in force, amendments were made to the Labour Institutions Act No. 7 of 2004, as a result of the Employment and Labour Laws (Miscellaneous Amendments) No. 24 of 2015, providing for the establishment of two wage boards, one for the public sector with bipartite composition, and one for the private sector with tripartite composition. Both wage boards are responsible for conducting investigations and making recommendations on minimum wages to the appropriate Minister. The Government adds that the multiplicity of wage boards in the private sector has been abolished and the concept of fixing minimum wages on a sector basis remains unchanged. The Committee notes the Government’s statement that, with support of the ILO, members of both wage boards benefited from training on social dialogue, collective bargaining and minimum wage fixing, and will be able to take into account the principle of equal remuneration for men and women for work of equal value and thus recommend sectoral minimum wages free from gender bias or discrimination. In light of the substantial wage disparities between men and women in almost all industries, both in the public and private sectors, the Committee asks the Government to provide information on: (i) the measures taken by both wage boards to ensure that minimum wages rates are fixed, based on objective criteria, free from gender bias, and that work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed; and (ii) the minimum wages rates set by both wage boards in the public and private sectors, as well as statistical information, disaggregated by sex, on the distribution of women and men employed in the various sectors of the economy and industries and their corresponding earnings. The Committee further asks the Government to provide information on the measures taken to raise awareness of employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, and to indicate how the wage boards promote equal remuneration for men and women for work of equal value.

Articles 2 and 4. Collective agreements. Cooperation with employers’ and workers’ organizations. In its previous comment, the Committee noted that section 4 of Wage Order No. 196 of 2013 provides that more favorable terms than the minimum wage rates can be established through collective bargaining agreements or as agreed otherwise. Referring to the Government’s previous commitment to ensure that the concept of work of equal value is duly addressed and promoted in cooperation with employers’ and workers’ organizations, the Committee notes that the Government does not provide any information on this point. The Committee again asks the Government to indicate more precisely the measures taken to promote the principle of the Convention in cooperation with workers’ and employers’ organizations including in the framework of collective agreements, and to supply a copy of any collective agreements reflecting or implementing the principle of equal remuneration for men and women for work of equal value.

Article 3. Objective job evaluation. The Committee previously noted that the 2010 Public Service Pay and Incentive Policy aims to eradicate pay disparities across the entire public service, while not addressing explicitly pay disparity between men and women, and provides that a job evaluation and regrading (JERG) exercise was undertaken but that challenges existed in its implementation. The Committee notes the Government’s statement that the study on job evaluation and regrading in the public service is ongoing. The Committee asks the Government to provide updated information on the JERG exercise currently undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value, in accordance with the principle upheld by the Convention. Referring to the planned establishment of a public service productivity and remuneration board (PSPRB), it asks the Government to provide updated information on the setting-up and activities of the PSPRB, more particularly concerning objective job evaluation in the public sector. It also asks the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector.

Enforcement. The Committee notes the Government’s indication that a five days training session on issues related to fundamental principles and rights at work, including the promotion of the principle of equal remuneration for men and women for work of equal value, was organized by the Labour, Youth Employment and Persons with Disability (PMO-LYED) unit of the Prime Minister’s Office, in collaboration with the ILO. It notes that the Government does not provide information on the application of the Convention in practice. However, the Committee observes that, in its 2016 concluding observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW) was concerned by the lack of information on labour inspections of women’s working conditions, in particular in the private and informal sectors, as well as by the fact that women continue to face multiple barriers in obtaining access to justice, including the unavailability of courts, legal fees and a lack of legal literacy, especially in rural areas, and was particularly concerned that customary judicial mechanisms, to which women most often resort, are not sensitive to gender and continue to apply discriminatory provisions (CEDAW/C/TZA/CO/7-8, 9 March 2016, paragraphs 12 and 32). In that regard, the Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see the 2012 General Survey on fundamental Conventions, paragraph 870). Consequently, the Committee asks the Government to take appropriate measures to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available, and to provide information on any specific activities undertaken so that women and girls better understand and claim their rights in order to enhance their access to justice. It further asks the Government to provide detailed information on any cases or complaints concerning inequality of remuneration detected by or reported to labour officers, the courts or any other competent authorities, as well as any decision issued in this regard.