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

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The Committee thanks the Government for supplying a copy of the draft Employment Act. It notes with interest that section 5, paragraph 1, of the Act provides that every employer shall pay male and female employees equal remuneration for work of equal value and that paragraph 2 reverses the burden of proof on the employer in disputes relating to equal remuneration. It hopes that this legislation will be adopted in the near future and that a copy will be submitted to the Committee upon adoption. The Committee further notes that the Government's report has not been received. It hopes that a report will be submitted 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:

1. The Committee notes from the Government's report that consultation on amending section 5(2) of the Wages (General) Order of 1965 (stipulating that an adult female who is employed to complete a task which is less than that given to an adult male should be paid in proportion, with the implied assumption that a woman's output will always be less than that of a man when she is assigned to the same work) continues to be delayed while awaiting the adoption of the new Employment Act, in connection with which the Government is receiving technical assistance from the Office. The Committee accordingly asks the Government to provide information on developments in the adoption of the new text, and to confirm that the subsequential amendments to the Wages (General) Order are effected once the principal text is in force.

2. With regard to its previous request for data on salary scales applicable in the public service, and for minimum wage rates and actual earnings disaggregated by sex, the Committee notes the Government's statement that it carried out in December 1995 a census of the civil service with a view to establishing the true gender profile of such staff. As the final report is not yet available, it undertakes to provide the required data on the civil service in its next report. The Committee looks forward to receiving, in the Government's next report, statistical data which will enable it to assess whether the principle of equal remuneration for work of equal value between men and women is being promoted in the public service.

3. With regard to the Committee's request for information on the study to have been carried out by the National Commission on Women in Development into women's contribution to formal employment, the Government repeats, as it did in previous reports, that the study has not yet been conducted due to lack of financing, although it considers such a study to be needed. The Committee notes that the Government intends to solicit funding using the auspices of the ILO, and encourages it to do so. The Committee would appreciate receiving, in future reports, copies of any research that would throw light on the general remuneration situation of men and women, both in the private and the public sectors.

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