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Equal Remuneration Convention, 1951 (No. 100) - Timor-Leste (RATIFICATION: 2016)

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2023
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Article 1(b) of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that section 38(2) of the Labour Law (2012), excludes from its scope of application civil servants, members of the police and the armed forces as well as domestic workers, and limits its scope of application to formal employment relationships. In its report, the Government reiterates that the Domestic Workers’ Bill is still under the process of being approved. In addition, the Committee observes that it does not provide information on the application of the principle of the Convention to civil servants, members of the police and the armed forces. The Committee points out that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern that there is limited application of the principle of equal pay for work of equal “value” and that there are significant wage differentials between men and women in Timor-Leste (CEDAW/C/TLS/CO/4, 31 May 2023, paragraph 37). The Committee asks the Government to provide information on any progress in the adoption of the Domestic Workers’ Bill and in particular if it contains a provision of the principle of equal remuneration between men and women for work of equal “value”. It asks again the Government to provide information on the measures adopted or envisaged to ensure that the principle of equal remuneration for men and women for work of equal “value” applies to all workers, in particular civil servants, members of the police and the armed forces; and any decision or regulation in which section 38 of the Labour Law has been further defined or interpreted.

Article 2. Addressing the gender pay gap. The Committee takes note of the census information of 2015 provided by the Government, as well as its indication that awareness-raising activities in villages, rural areas and with the public in general are being carried out. The Committee also observes that, according to the 2021 Labour Force Survey, the gender pay gap is prevalent, with women earning on average around 6.3 per cent less than men in salaried employment, and 34.2 per cent less than men in self-employment. Recalling that occupational gender segregation (the phenomenon by which women tend to be more present in specific employment or occupations, which are also often characterized by low remuneration and career prospects) is one of the factors underlying the gender pay gap, the Committee refers, in this regard, to its comment on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on the earnings of men and women, if possible, disaggregated by sector and occupation, to assess the progress of the gender pay gap in the country. The Committee also requests the Government to provide information on any awareness-raising measure adopted that has addressed, specifically, matters related to the principle of the Convention.

Article 2(2). Determination of minimum wages. The Government indicates that the National Tripartite Labour Council established minimum wage rates, taking into account the principle of the Convention, and that those rates will be implemented soon. The Committee wishes to highlight the need to ensure that the determination of minimum wage rates is done free from gender bias (see 2012 General Survey on fundamental Conventions, paragraphs 682–685). The Committee requests the Government to indicate how in practice the National Labour Council ensures that the methods used to fix minimum wage rates are free from gender bias (for instance, how it ensures that certain skills considered to be “female”, such as caring for children or elder people, are not undervalued in comparison to other skills considered to be “male”, such as manual work). The Committee also asks the Government once again to provide excerpts of collective agreements containing provisions affirming the principle of equal remuneration between men and women for work of equal “value”.

Articles 2 and 3. Public service and members of the police and the armed forces. The Government indicates that the salary scales for the civil service, the armed forces and the police are based on the Decree-Law No. 24/2016. The Committee observes that the Decree-Law includes an Annex with remuneration scales for high-level, professional, administrative and assistance personnel. The Committee asks the Government to indicate how it is ensured that the methods used for the determination of wage scales in the public sector are free from gender bias; and to provide information on the number of civil servants, and members of the police and the armed forces, disaggregated by sex, and if possible, by occupational category and positions.

Article 3. Objective job evaluation. In response to the Committee’s previous comment, the Government indicates that there is no job classification system in the country. Recalling the importance of carrying out objective job evaluation in order to implement effectively the Convention, the Committee asks the Government to indicate the measures envisaged towards the promotion, development and implementation of methods of objective job evaluation both in the public and private sectors. The Committee reminds the Government that it can avail itself of ILO technical assistance in this regard.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee takes note of the Government’s indication that employers’ and workers’ organizations participated in the setting of minimum wages through the National Council of Labour.

Enforcement. The Committee refers to its comment on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).