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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied 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:

Article 2 of the Convention. Application of the principle in the public service. Referring to its previous direct request, the Committee again asks the Government to supply information on the measures taken or envisaged to rectify any female and male job denominations in the civil service grading structure.

Article 3. Objective job evaluation. The Committee recalls its previous comments underscoring the critical role of objective job evaluation methods in the elimination of pay differentials between men and women. The Committee notes the Government’s willingness to follow the indications provided by the Committee and its wish to receive technical assistance from the Office in this regard. The Committee hopes that the Government will be able to avail itself of the technical assistance of the Office in the near future and encourages it, in the meantime, to take steps towards promoting the adoption of objective job-evaluation methods in line with its 2006 general observation.

Parts III and IV of the report form. The Committee notes from the Government’s report that no judicial decisions have been rendered in respect of the application of the Convention, nor is any information available concerning relevant violations detected by the labour inspection services. The Committee asks the Government to take adequate measures to foster public understanding of the principle of equal remuneration for work of equal value, to provide both judges and labour inspectors with the necessary training on questions related to the application of this principle and to raise awareness among workers of the remedies available in case of its violation. The Committee also reiterates its request for information on any relevant decisions of the Ombudsperson and Human Rights Commission.

Part V. General appreciation of the application of the Convention. With regard to its previous request for statistical information on the gender wage gap and information on the impact of the measures taken under the national gender equality policy on the promotion of equal remuneration as well as on the impact of the various initiatives carried out in respect of rural women workers regarding access to soft loans, the Committee notes the Government’s indication of the difficulties encountered in gathering the information requested. The Committee notes the wish expressed by the Government that the Office provide technical assistance to help it in fulfilling these tasks. The Committee also notes the Government’s willingness to receive a mission from the Office to help the Government address the outstanding issues regarding the application of the Convention in a durable manner. While aware of the difficulties encountered by the Government, the Committee encourages it to take adequate steps to monitor the implementation and the results of the abovementioned initiatives, including the measures taken under the national gender equality policy, as this represents a crucial means of assessing the progress made in the application of the Convention. The Committee also encourages the Government to make every effort to collect statistical data on the earnings levels of women and men, disaggregated by sector and occupation, with a view to gaining an adequate appreciation of the nature, extent and causes of the existing pay differentials between men and women and designing measures to address them accordingly. The Committee hopes that the Government will receive the necessary assistance from the Office.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Application of the principle in the civil service. The Committee recalls its previous observation pointing out that the current occupational segregation of women in the civil service may result in remuneration gaps between men and women, and that the collection of statistical data on the distribution of men and women in the various grades of the public service and on their corresponding salary levels is crucial both in order to evaluate the nature, extent and causes of gender pay differentials and to assess the application of the Convention. The Committee notes the Government’s statement that no gender wage gap exists in the civil service since the same “remuneration package” is applied to women and men. The Committee also notes the Government’s acknowledgement that few women hold managerial positions as their short-lived employment prevents them from progressing in the job hierarchy. The Committee further notes the Government’s indication that efforts are being made to promote women’s longer term employment and to enable them to gain access to the educational careers and jobs which have traditionally been predominantly held by men. Moreover, the Committee notes that the statistical information requested will be provided as soon as it becomes available. Referring to its 2006 general observation on the Convention, the Committee asks the Government to ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of a different nature but which are, nonetheless, of equal value. The Committee also asks the Government to provide more complete information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. It also requests information on the measures taken to promote women’s access to a wider range of educational and job opportunities, including information on the impact of such measures on the application of the principle of the Convention.

Wage disparities between men and women in rural areas. Further to its previous observation, regarding the discrimination faced by women in rural areas, the Committee notes from the Government’s report that the minimum wage established in the country following consultations with the social partners applies to all economic sectors, including agriculture. The Committee also notes the Government’s indication that awareness-raising campaigns on the principle of the Convention and strengthened inspection are needed and that, in the districts where discrimination cases have been reported, labour inspection has already been intensified. With regard to the promotion of measures aimed at facilitating the reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women rural workers, the Committee notes the Government’s statement that gender roles are deeply rooted in the cultural texture of society and they can only be changed in the long run with the involvement of all stakeholders. The Committee encourages the Government to promote, in cooperation with the social partners, the adoption of adequate measures to assist rural women to reconcile their work and family responsibilities and to have a more equitable sharing of family responsibilities between men and women workers. The Committee also asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspection services with respect to the application of the principle of the Convention to the agricultural sector, including the supply of specific training, as well as information on any violations detected and the remedies provided or the sanctions imposed in this regard. Please also provide information on the sensitization and awareness-raising campaigns carried out with regard to men’s and women’s right to equal remuneration for work of equal value in the rural areas.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Application of the principle in the public service. Referring to its previous direct request, the Committee again asks the Government to supply information on the measures taken or envisaged to rectify any female and male job denominations in the civil service grading structure.

Article 3. Objective job evaluation. The Committee recalls its previous comments underscoring the critical role of objective job evaluation methods in the elimination of pay differentials between men and women. The Committee notes the Government’s willingness to follow the indications provided by the Committee and its wish to receive technical assistance from the Office in this regard. The Committee hopes that the Government will be able to avail itself of the technical assistance of the Office in the near future and encourages it, in the meantime, to take steps towards promoting the adoption of objective job-evaluation methods in line with its 2006 general observation.

Parts III and IV of the report form. The Committee notes from the Government’s report that no judicial decisions have been rendered in respect of the application of the Convention, nor is any information available concerning relevant violations detected by the labour inspection services. The Committee asks the Government to take adequate measures to foster public understanding of the principle of equal remuneration for work of equal value, to provide both judges and labour inspectors with the necessary training on questions related to the application of this principle and to raise awareness among workers of the remedies available in case of its violation. The Committee also reiterates its request for information on any relevant decisions of the Ombudsperson and Human Rights Commission.

Part V. General appreciation of the application of the Convention. With regard to its previous request for statistical information on the gender wage gap and information on the impact of the measures taken under the national gender equality policy on the promotion of equal remuneration as well as on the impact of the various initiatives carried out in respect of rural women workers regarding access to soft loans, the Committee notes the Government’s indication of the difficulties encountered in gathering the information requested. The Committee notes the wish expressed by the Government that the Office provide technical assistance to help it in fulfilling these tasks. The Committee also notes the Government’s willingness to receive a mission from the Office to help the Government address the outstanding issues regarding the application of the Convention in a durable manner. While aware of the difficulties encountered by the Government, the Committee encourages it to take adequate steps to monitor the implementation and the results of the abovementioned initiatives, including the measures taken under the national gender equality policy, as this represents a crucial means of assessing the progress made in the application of the Convention. The Committee also encourages the Government to make every effort to collect statistical data on the earnings levels of women and men, disaggregated by sector and occupation, with a view to gaining an adequate appreciation of the nature, extent and causes of the existing pay differentials between men and women and designing measures to address them accordingly. The Committee hopes that the Government will receive the necessary assistance from the Office.

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Application of the principle in the civil service. The Committee recalls its previous observation pointing out that the current occupational segregation of women in the civil service may result in remuneration gaps between men and women, and that the collection of statistical data on the distribution of men and women in the various grades of the public service and on their corresponding salary levels is crucial both in order to evaluate the nature, extent and causes of gender pay differentials and to assess the application of the Convention. The Committee notes the Government’s statement that no gender wage gap exists in the civil service since the same “remuneration package” is applied to women and men. The Committee also notes the Government’s acknowledgement that few women hold managerial positions as their short-lived employment prevents them from progressing in the job hierarchy. The Committee further notes the Government’s indication that efforts are currently being made to promote women’s longer term employment and to enable them to gain access to the educational careers and jobs which have traditionally been predominantly held by men. Moreover, the Committee notes that the statistical information requested will be provided as soon as it becomes available. Referring to its 2006 general observation on the Convention, the Committee asks the Government to ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of a different nature but which are, nonetheless, of equal value. The Committee also asks the Government to provide more complete information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. It also requests information on the measures taken to promote women’s access to a wider range of educational and job opportunities, including information on the impact of such measures on the application of the principle of the Convention.

Wage disparities between men and women in rural areas. Further to its previous observation on the communication submitted by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), regarding the discrimination faced by women in rural areas, the Committee notes from the Government’s report that the minimum wage established in the country following consultations with the social partners applies to all economic sectors, including agriculture. The Committee also notes the Government’s indication that awareness-raising campaigns on the principle of the Convention and strengthened inspection are needed and that, in the districts where discrimination cases have been reported, labour inspection has already been intensified. With regard to the promotion of measures aimed at facilitating the reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women rural workers, the Committee notes the Government’s statement that gender roles are deeply rooted in the cultural texture of society and they can only be changed in the long run with the involvement of all stakeholders. The Committee encourages the Government to promote, in cooperation with the social partners, the adoption of adequate measures to assist rural women to reconcile their work and family responsibilities and to have a more equitable sharing of family responsibilities between men and women workers. The Committee also asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspection services with respect to the application of the principle of the Convention to the agricultural sector, including the supply of specific training, as well as information on any violations detected and the remedies provided or the sanctions imposed in this regard. Please also provide information on the sensitization and awareness-raising campaigns carried out with regard to men’s and women’s right to equal remuneration for work of equal value in the rural areas.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as “enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman”. The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consists of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above, which, under the new system, correspond to grades “E” to “A”. Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)   to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)    to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)   to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)    to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)    to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied 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:

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as “enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman”. The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consist of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above which, under the new system, correspond to grades “E” to “A”. Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)   to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)    to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU) concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)   to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)    to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)    to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as "enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman". The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consist of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above which, under the new system, correspond to grades "E" to "A". Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)  to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)  to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU) concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)  to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)  to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)  to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee notes the information provided by the Government in its report.

1. The Committee notes the Government’s statement that rates of remuneration are determined, among others, by labour market forces using the principle of demand and supply. It also notes that, pursuant to section 54(3)(b), the Minister, in describing minimum wages, "shall, as far as possible, consider economic factors, including requirements of economic development, levels of productivity and any effect the wage may have on employment". The Committee asks the Government to provide statistics on minimum wage rates in the various sectors of activity and occupations as well as on the corresponding percentage of men and women employed in these sectors and occupations. Noting also that, pursuant to section 54, representative employers’ and workers’ organizations are involved in the setting of minimum wages, the Committee asks the Government to indicate the manner in which it encourages the social partners to apply equal remuneration for men and women workers for work of equal value in wages orders prescribing minimum wages.

2. With respect to the salaries and wages in the civil service, the Committee notes that the Government’s report again omits to provide the necessary statistics, disaggregated by sex. Referring to its previous comments on this point, the Committee asks the Government, once more, to provide these data with its next report.

3. The Committee notes from the Government’s report that employers who have been found to violate the principle of equal remuneration, agree to pay arrears to women workers who receive lower wages; therefore, such violations are never brought before a court of law or similar institutions. It would be grateful if the Government would provide information on the number and the nature of the cases in which employers have paid arrears to women workers, as well as information on any judicial and administrative decisions, including by the Ombudsperson and the Human Rights Commission, concerning cases of alleged wage discrimination, if the occasion occurs. Noting further that the Government’s report does not contain a reply to its previous request, the Committee asks the Government to provide information on the activities carried out and methods used by labour officers to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

4. Further to its observation, the Committee asks the Government to provide information on the results of the promotional measures to facilitate access of women to education and vocational training carried out under the National Gender Policy (2000-05), and to indicate how they contribute to the reduction of pay disparity between men and women workers.

5. Noting that through collective agreements, employers and organized workers can provide for ways and means for promoting an objective appraisal of jobs on the basis of the work to be performed, the Committee reiterates its request to the Government to provide information on job appraisals that have been carried out through such collective agreements as well as through any legally established or organized machinery for the determination of wages.

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The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 6 February 2002. It also notes the Government’s reply of 13 May 2002 to the comments made by the ICFTU as well as the ICFTU’s further clarifications of 9 October 2002.

1. The Committee notes the comments made by the ICFTU that women in general continue to face discrimination in employment and that rural women farmers, who constitute the majority of the working poor, face discrimination in terms of access to productive resources. According to the ICFTU, women are under-represented in education and quality employment, including the more secure and higher paying administrative and managerial positions, of which only 5 per cent are held by women. Further to previous comments, the Committee also notes the Government’s statement that, until recently, employers in the agricultural sector in remote rural areas were taking advantage of the illiteracy and ignorance of the local people by paying female employees less than male employees and, in some cases, by paying all employees less than the recommended statutory minimum wage. It asks the Government to provide a copy of the minimum wage order adopted for the agricultural sector as well as information on the measures taken or envisaged to inform employers and rural men and women about the requirements of the Convention and of the national legislation concerning equal pay. Noting also that the labour inspection services are monitoring the implementation of the Employment Act of 2000 in the remote rural areas, the Committee asks the Government to keep it informed of any wage disparity between men and women reported by the labour inspection services in this sector and the corrective action taken.

2. Further to the above, the Committee notes the various initiatives listed by the Government to promote the employment of women, in particular the programmes to promote women’s participation in non-traditional occupations and in political and decision-making structures and the initiative to provide credit facilities to rural women. The Committee recalls that the elimination and reduction of wage inequalities between men and women requires a comprehensive approach involving societal, political and cultural and labour market interventions to promote equality of opportunity and equal treatment of men and women in employment and occupation, including in higher level administrative and managerial positions. It refers, in this regard, to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No.111), and asks the Government to indicate how the abovementioned initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially for rural women.

The Committee is raising other points in a request directly addressed to the Government.

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The Committee notes the information contained in the Government’s report and the attached information.

1. The Committee notes that the Employment Act, 2000, repeals the Regulation of Minimum Wages and Conditions of Employment Act (Cap. 55:01). It notes that, in accordance with section 54 of the Employment Act, minimum wages may, in consultation with the social partners, be adopted for any group of workers. The Committee asks the Government to provide information on whether any minimum wages have been adopted for any specific groups of workers, and particularly on whether minimum wages have been adopted for the agricultural industry, which would help to eradicate the wage disparities in the agricultural industry referred to in the Committee’s earlier comments and thus ensure the improved application of the principle of equal pay for men and women workers for work of equal value.

2. The Committee notes that under sections 8 20 of the Employment Act, 2000, the Labour Commissioner and labour officers shall ensure the implementation of the Act. It therefore asks the Government to provide information with its next report on the activities carried out and methods used by labour officers to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. 

3. The Committee notes the information contained in the Revision of salaries and wages in the civil service of 13 October 2000. Since the pay scales do not make any distinction on the basis of sex, it points out once again that, in order to permit an adequate assessment of the promotion of the principle of equal remuneration for work of equal value in the public service, the Committee would need statistical data on the distribution of men and women in the public sector by earnings level and classified by occupation or occupational group, or level of education/qualification, seniority and age. The Committee therefore once again asks the Government to provide the above statistical data with its next report.

4. The Committee notes the National Gender Policy, 2000-05, adopted in March 2000 by the Ministry of Gender, Youth and Community Services. It notes the promotional measures envisaged to facilitate the access of women to education and vocational training. The Committee asks the Government to continue providing information on the promotional measures carried out in this field, and particularly on their results.

5. The Committee notes the Government’s statement that objective job appraisals are carried out in different ways, such as through collective agreements, legally established or organized machinery in the organizations and/or a combination of these various means. It asks the Government to provide copies with its next report of objective job appraisals that have been carried out.

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The Committee notes with interest the adoption on 14 May 2000 of the Employment Act, No. 6 of 2000, which provides in section 6 that employers shall pay employees equal remuneration for work of equal value without any discrimination. Section 3 defines remuneration broadly as the wage or salary and any additional benefits, allowances or emoluments, in accordance with Article 1(a) of the Convention. The Committee also notes that, in the event of an alleged violation of the principle, the burden of proof is placed on the employer (section 6(2)).

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes the information contained in the Government's report as well as the additional statistical information provided by the Government.

1. In its previous comments, the Committee had noted with interest that the Employment Bill provides that every employer shall pay male and female employees equal remuneration for work of equal value and that the burden of proof lays on the employer in disputes relating to equal remuneration. The Committee notes the Government's statement that the Employment Bill has been approved by the Legal and Parliamentary Affairs Committee and will be tabled in Parliament in November 1999; and that a copy of the Bill, once adopted, will be sent to the ILO Office before the end of 1999. The Committee looks forward to receiving a copy of the legislation upon adoption.

2. Further to the above, 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) is still awaiting the adoption of the Employment Bill. The Government indicates that these consultations, which are the responsibility of the Labour Advisory Board, will resume once the Bill has passed through Parliament. The Committee urges the Government to take the necessary measures to repeal or amend this provision in the Wages (General) Order to eliminate distinctions between men and women and to inform the Committee of any developments in this regard.

3. The Committee notes the Government's statement that a new civil service salary structure has been issued in July 1999 without discrimination of any kind, including sex-based discrimination. It also notes that, according to the Government, the principle of equal remuneration for work of equal value has already been achieved for the public sector. While noting that the new pay scales do not distinguish on the basis of sex, the Committee points out that in order to permit an adequate assessment of the promotion of the principle of equal remuneration for work of equal value in the public service, it would need, as a minimum, statistical data on the distribution of men and women in the public sector by earnings level classified by occupation or occupational group or level of education/qualification, seniority and age. The Committee notes that some of these data may have been covered in the 1995 census on the civil service which according to the Government has been sent to the ILO library. The Committee notes however that no such copy has been received and therefore requests the Government to send with its next report a copy of the 1995 civil service census as well as any other information, statistics and otherwise, which is currently available for the public service.

4. With regard to the application of the principle in the private sector, the Committee notes the Government's statement that in the agricultural industry disparities between men's and women's wages still exist. According to the Government, a 1996 study on food security in the estates sector in, among others, the Mangochi, Kasungu and Mulanje districts, indicated that women received only MWK180 per month while men received MWK250 per month for the same type of work. The Committee requests the Government to provide information on the measures taken or contemplated to eradicate these wage differences in the agricultural industry. It also requests the Government to provide information on any measures taken to promote the application of the principle in other areas of the private sector. In this connection it wishes to refer to its 1998 general observation on this Convention concerning the need for complete information to enable an adequate evaluation of the nature, extent and causes of the pay differentials between men and women and the progress achieved in implementing the principle of the Convention in the private sector. It also encourages the Government to make efforts to undertake the study, requested by the National Commission on Women in Development, into women's contribution to formal employment, and hopes this study would throw light on the general status of remuneration of men and women.

5. The Committee notes from a paper entitled "Management and Administration of Vocational Education and Training in Malawi" presented by the Ministry of Labour and Vocational Training (Mo&LVT) at the National Seminar on Labour Administration in February 1999, that although the educational system should cater for all persons regardless of race, creed, sex, age, economic status or disability, women and girls have not benefited adequately from educational programmes. The Mo&LVT indicates in its paper that female participation in the formal vocational training system in Malawi has been extremely low: between 1977 and 1998, only 248 female apprentices have been trained in vocational skills compared to 9,768 male apprentices. The Committee points out that pay differentials can often be ascribed to occupational segregation and productivity-related differences in human capital acquired through education and training. The Committee requests the Government to provide information on any action taken or proposed by the apprentices board to facilitate access by female apprentices to vocational training and education and to broaden the job horizons of women by offering them, for example, special training courses and encouraging them to consider a wider range of training and employment opportunities. Further, the Committee requests the Government to keep it informed of any developments with regard to the development of a policy document and strategy as well as a bill concerning the legal framework for a new Technical Entrepreneurial Vocational Education and Training (TEVET) policy and institutional structure, and to supply a copy of the policy document on TEVET as well as of the legislation, once adopted.

6. The Committee notes with interest the National Platform of Action (1997-2002) on the follow-up to the Fourth World Conference on Women as well as the draft National Gender Policy (September 1999) of the Ministry of Gender, Youth and Community Services. While welcoming the variety of strategies proposed in both documents to promote, in general, the educational and employment activities of women, the Committee observes that none of the documents includes specific recommendation concerning the promotion and application of the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to consider including in its National Gender Policy strategies to promote or ensure the application of the principle of the Convention in both the private and public sectors, and to supply a copy of the National Gender Policy upon adoption.

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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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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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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied 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 the information supplied in the Government's report according to which progress towards removing the potentially discriminatory reference to wages due to women workers from section 5(2) of the Wages (General) Order of 1965 has been delayed, due to the Government's intention to review the principal Act concerning labour using ILO technical assistance. The Committee notes with interest that the Office is currently providing such expertise in the revision of the Labour Relations Act, provisions of which are aimed at giving full effect to the principle of the Convention. The Committee accordingly asks the Government to inform it of 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. The Committee notes the Government's statement that it is currently unable to provide the data on salary scales applicable in the public service, minimum wage rates and actual earnings by gender due to the differences in the number and composition of civil service employees revealed in the records. The Government had accordingly decided to carry out a census of the civil service in May 1995, with a view to establishing the true figure for such staff. It undertakes to provide more reliable data on the civil service in its next report. The Committee welcomes this initiative and 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 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 states that the study has not yet been conducted due to lack of financing. It is, however, still seeking possible donors for this study. The Committee recalls that it is interested in studies of this kind since difficulties in the application of the Convention are often linked to a lack of knowledge of the true situation of remuneration inequalities (paragraph 248 to its 1986 General Survey on equal remuneration). The Committee accordingly would appreciate receiving, in future reports, copies of such 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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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

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The Committee notes the explanations provided in the Government's report with regard to the role of labour inspection in supervising the application of the principle of equal remuneration, as well the example of the standard letter used by companies and organizations when submitting their terms and conditions of employment to the Ministry of Labour and Manpower for vetting.

1. The Committee notes the information supplied in the Government's report according to which progress towards removing the potentially discriminatory reference to wages due to women workers from section 5(2) of the Wages (General) Order of 1965 has been delayed, due to the Government's intention to review the principal Act concerning labour using ILO technical assistance. The Committee notes with interest that the Office is currently providing such expertise in the revision of the Labour Relations Act, provisions of which are aimed at giving full effect to the principle of the Convention. The Committee accordingly asks the Government to inform it of 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. The Committee notes the Government's statement that it is currently unable to provide the data on salary scales applicable in the public service, minimum wage rates and actual earnings by gender due to the differences in the number and composition of civil service employees revealed in the records. The Government had accordingly decided to carry out a census of the civil service in May 1995, with a view to establishing the true figure for such staff. It undertakes to provide more reliable data on the civil service in its next report. The Committee welcomes this initiative and 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 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 states that the study has not yet been conducted due to lack of financing. It is, however, still seeking possible donors for this study. The Committee recalls that it is interested in studies of this kind since difficulties in the application of the Convention are often linked to a lack of knowledge of the true situation of remuneration inequalities (paragraph 248 to its 1986 General Survey on equal remuneration). The Committee accordingly would appreciate receiving, in future reports, copies of such 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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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

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With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report and the attached documents.

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

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Further to its previous comments, the Committee notes the information provided by the Government in its report and, concerning in particular, clause 3(b) of the 1985 Agreed Practices on Wages and Terms and Conditions of Employment of the Agricultural Employers' Association (Tobacco and Tea Members) which stipulates that an adult female who is employed to complete a task which is less than that given to an adult male shall be paid in proportion.

While appreciating the Government's statement that the provisions reflect the custom of assigning fewer tasks to women (and young persons and children) than to men, but that male workers as well as females are required in practice to show proof of output to determine whether payment should be made in full or in proportion, the Committee is concerned that the implied assumption that a woman's output will always be less than that of a man when she is assigned the same work would lead to practices contrary to the Convention. The Committee therefore urges that consideration be given to removing at the earliest opportunity the reference to female workers from the provisions of the Wages (General) Order on which the Agreed Practices are based and that the Agreed Practices will also be modified accordingly when they are next revised.

The Committee requests the Government to continue to provide information concerning the measures being taken to implement the provisions of the Convention and, in particular, to furnish details of salary scales for particular industries which have been determined on the basis of an objective appraisal of jobs. Referring to its previous comments, the Committee would be grateful if the Government would provide information on any reports made to the Ministry of Labour which relate directly or indirectly to the application of the principle of equal remuneration. In this respect, the Committee requests the Government to provide information on any activities undertaken by the National Committee on Women's Employment which may be pertinent to the application of the Convention.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied 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:

The Committee notes the information supplied by the Government in its report as well as the attached text of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco Members and Tea Members) of January 1985 of the Agricultural Employers' Association.

1. The Committee notes that the above-mentioned Agreed Practices stipulates, in clause 3(b) respecting task workers, that, inter alia, an adult female who is employed to complete a task which is less than that given to an adult male is paid in proportion, while clause 3(a) prescribes the amount to be paid to an adult male task worker on completion of his task. While the differences in wage rates established under these provisions seem to relate to differences in the quantity of the work performed, the Committee notes that there is no provision on wage rates for an adult female worker who completes a task which is equivalent to that of an adult male. Moreover, the Committee pointed out in paragraph 54 of its 1986 General Survey on Equal Remuneration that a criterion such as output, while legitimate in itself, becomes unacceptable under the Convention if it results in only women workers being required to show proof of their output. The Committee recalls that the implementation of the principle of equal remuneration for men and women workers for work of equal value, as defined in Article 1(b) of the Convention, requires that rates of remuneration are to be established without discrimination based on sex. The Committee requests the Government to indicate whether the Agreed Practices was approved by the Government and to provide information on the measures taken, in conformity with Article 4 of the Convention, to co-operate with the employers' association concerned for the purpose of giving effect to the principle of the Convention with regard to task workers.

2. More generally, the Committee again requests the Government to provide information on any measures it has taken to encourage or ensure that wages above the statutory minimum, whether fixed by collective agreement or otherwise, are paid in accordance with the principle of the Convention.

3. The Committee notes the Government's statement that remunerations are linked to job evaluations, and requests the Government to supply with its next report more detailed information on measures taken to promote objective appraisal of jobs. (Please refer in this respect to the explanations given in paragraphs 21, 52 to 62, and 138 to 152 of the 1986 General Survey.)

4. The Committee further notes from the Government's report that, when there are serious disputes or violations, the matter is reported to the Ministry of Labour for settlement. It asks the Government to provide information on cases of non-compliance with the principle of the Convention thus reported to the Ministry of Labour as well as on any other procedures for co-operation with the employers' and workers' organisations.