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Equal Remuneration Convention, 1951 (No. 100) - Malawi (RATIFICATION: 1965)

Other comments on C100

Observation

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Articles 1 to 4 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. The Committee notes the indication in the Government’s report that a Labour Force Survey will be conducted in the country before the end of 2023. Recalling the importance of collecting statistical data on the earnings of men and women in the public as well as in the private sectors, with a view to identify, analyse and address gender pay discrimination, the Committee asks the Government to provide information on any results obtained through the Labour Force Survey that may contribute to assessing the gender pay gap in the country, as well as on any other measures planned or adopted to continue collecting relevant data.

Occupational gender segregation. The Committee welcomes the detailed information provided by the Government and, in particular, that: (1) the Public Service Act and the Malawi Public Service Regulations (MPSR) are being reviewed to make the terms and conditions of public service favourable for both men and women; (2) 89 per cent of the labour force is in the informal economy, with a higher proportion for women; (3) women represent 38.8 per cent of managers, 38.4 per cent of professionals, 37 per cent of clerical support workers, and 35.6 per cent of plant and machine operators/assemblers; (4) women represent 28 per cent of public service workers and 33 per cent of workers in the judiciary; (5) a 40-60 ratio was applied in access to public universities with a view to increase women’s access to a broader range of occupations and sectors of activity; and (6) enrolment measures such as scholarships and bursaries were implemented in the Technical, Entrepreneurial and Vocational Education and Training (TEVET) Authority to encourage the enrolment of girls in male dominated fields. The Committee observes that the Government refers to the National Level Gender Audit Report carried out for the Employers’ Consultative Association of Malawi (ECAM) in May 2023, according to which women´s participation in the labour force at the country level is much lower than that of men, particularly at director/senior manager level in the public and private sector, with the proportion of women-led or -owned enterprises also significantly lower. The Committee also observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns about the persistent gender pay gap and the lower productivity of women in agriculture, women’s limited access to higher-paying sectors, occupational segregation, and the undervaluation of women’s work in Malawi (CEDAW/C/MWI/CO/8, 30 October 2023, paragraph 33). The Committee asks the Government to provide information on: (i) any advancement made in the revision of the Public Service Act and the MPSR; (ii) the results obtained through the 40-60 ratio system in public universities and the measures adopted by TEVET in women’s access to education and training (for instance, by providing the number of female and male students and their areas of study); and (iii) any other measures adopted to continue addressing occupational gender segregation.

Articles 2 and 3. Objective job evaluation. Pay structure. Public Service. The Committee notes the Government’s indication that: (1) there is a new standardized remuneration scale for the public sector that does not discriminate against any gender; and (2) the Bill for the establishment of the National Remuneration Commission is still in progress. The Committee asks the Government to provide information on: (i) the measures adopted to ensure that the new remuneration scales were established without any gender bias and based on objective criteria; and (ii) any progress concerning the establishment of the National Remuneration Commissionthat is to ensure the harmonization of conditions of service and the pay structure across the public service and review them at regular intervals.

Private sector. Regarding the promotion of the use of objective job evaluation methods in the private sector, the Committee notes the Government’s indication that: (1) most employers now use objective job evaluation methods such as the Patterson Scorecard and HAY job evaluation methods; and (2) it has developed guidelines to guide stakeholders in gender mainstreaming, including enhancement of equality of treatment in employment. In this regard, the Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General survey on the fundamental Conventions, paragraphs 695–701). The Committee asks the Government to provide information on: (i) the scope of application of the measures adopted in the private sector (i.e. number of enterprises that have adopted such measures and number of workers covered); and (ii) how it is ensured that these job evaluation systems are free from gender bias.

Enforcementand awareness-raising. The Committee notes the Government’s statement that: (1) training on labour laws, including the Employment Act, was provided to judges, labour officers and other public officials; (2) there are appropriate institutions with procedures and remedies to address complaints related to the principle of equal pay for work of equal value; and (3) no cases were registered by labour inspectors, the Malawi Human Rights Commission or any judicial bodies regarding the equal pay provisions in the Employment Act or discrimination in remuneration based on sex. The Committee recalls that the lack of procedures may be due to several reasons, such as 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 2012 General Survey on the fundamental Conventions, paragraph 870). In this regard, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on: (i) the number of trainings provided to relevant authorities and whether these addressed the principle of equal remuneration between men and women for work of equal value; and (ii) measures adopted to identify any potential obstacles that may impact the presentation of complaints to competent authorities regarding discrimination in remuneration between men and women for work of equal value.