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Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

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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:

Referring to its previous comments, the Committee has noted the information supplied by the Government in its report, as well as the enclosed text of the constitution and rules of the Havelock Mine Works Council.

1. The Committee notes the Government's statement in its report that there is no discrimination in wage rates between male and female workers even in wages which are above the legal minimum. It requests the Government to indicate in its next report what measures have been taken to ascertain that the principle of equal remuneration for work of equal value is indeed applied to wage rates that are above the legal minimum, including any additional benefits, such as housing and family allowances.

2. The Committee notes that the constitution and rules of the Havelock Mine Works Council include among the subjects for negotiation, "rates of pay for working" (section 9.1). The Committee hopes that the Government will supply with its next report a copy of any collective agreement made under these rules, as well as of those concluded in the banking industry and in other trades employing a significant number of women workers.

3. In respect of the civil service, the Committee notes the Government's statement that workers in the public sector are covered by the General Orders and that the provisions of the General Orders do not discriminate. In its previous direct request, the Committee noted that, according to an Amendment Order (No. A62 of 1 October 1978) of the Government General Orders, female staff are remunerated at the basic salary rates applying to all established posts or offices in the public service. Inasmuch as the definition of the term "remuneration" under the Convention (Article 1(a)) includes not only the basic salary but also any additional emoluments, the Committee again asks the Government to supply with its next report more detailed information of the manner in which the principle of equal remuneration (regarding not only the basic salary but also any other additional emoluments whatsoever, including housing and family allowances) is applied to workers in the public sector, and also to supply copies of the relevant legislation, such as the Government General Orders, including the above-mentioned Amendment Order of 1978.

4. The Committee notes that labour inspectors continue to inspect, inter alia, the books of employers and that they prosecute where necessary. It requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.

5. Recalling the Government's earlier indication that it had not been found necessary to promote the establishment of methods for objective appraisal of the work to be performed, as suggested by Article 3, paragraph 1, of the Convention, the Committee again requests the Government to indicate how the principle of equal remuneration is applied in practice where men and women perform different work of equal value. Referring in this respect to the explanations given in paragraphs 19 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration, the Committee hopes that the Government's next report will contain details concerning any job evaluation system which is applied or being introduced in the public or private sectors.

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