Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 1(b) of the Convention. Legislation - equal remuneration for work of equal value. The Committee notes with regret that no steps have been taken to amend section 2 of the Employment (Equal Pay for Equal Work) Act of 1975, which only applies the principle of equal remuneration to "similar" or "substantially similar" job requirements, whereas the Convention provides for equal remuneration for work which is different but which is still of "equal value". Furthermore, the Government failed to provide any information indicating that other measures are being taken to ensure the application of equal remuneration for not only similar work but also for work that may be different in nature but still of equal value. It urges the Government to instigate, at least, discussions aimed at a possible revision of section 2 of the Employment (Equal Pay for Equal Work) Act, 1975, and to report, at the Committee’s next session, on the progress made as well as on any other measures taken to ensure conformity with Article 1(b) of the Convention.

2. Article 2. Measures to address the wage gap. With reference to its previous request for information on the measures taken to address vertical and horizontal occupational segregation of women into lower paying jobs or occupations without promotion opportunities, the Committee notes that the Government merely repeats the information provided in previous reports. The Committee therefore reiterates its previous request to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at promoting equal access of women to all occupations and economic sectors, especially to decision-making and management posts in both the public and private sectors, and on their effect on the elimination of wage differentials between men and women at all salary levels.

3. Application of the principle through collective agreements. Noting once again that no information is provided on how the principle is applied in practice through collective agreements, the Committee trusts that the Government’s next report will include copies of relevant collective agreements for various industries or enterprises in the private sector, including the applicable wage scales, and an indication of the distribution of men and women in the different occupations and wage scales covered by the collective agreements.

4. Article 3. Objective job evaluation in the public service. The Committee notes that the Technical Reference Manual on the performance management and appraisal system includes guidelines for the formulation and use of job descriptions in the public service. It notes that job descriptions should include elements related to job purpose and expected output, key areas of responsibility and duty, required competencies (e.g. skills, knowledge and abilities), education and experience, special conditions associated with the job, and level of responsibility. In order to enable the Committee to assess effectively how the abovementioned system ensures in practice the promotion of equal remuneration for men and women for work of equal value in the public service, the Committee asks the Government to provide information in its next report on the distribution of men and women by classification grades and relevant pay scales in the public service and on any further progress made towards ensuring the application of the principle in the public service through the objective evaluation of jobs without gender bias.

5. Enforcement of equal pay and minimum wage legislation. The Committee notes from the Statistical Bulletin of 2002 published by the Ministry of Labour and Social Security (MLSS) that complaints regarding pay and conditions of employment mostly related to the Employment (Termination and Redundancy Payments) Act and the Holidays with Pay Act and that 54.8 per cent of the complaints were lodged by women. In addition, the Committee notes that the number of women who submitted complaints relating to the Minimum Wages Act is significantly higher than men. However, the Committee notes with concern that the MLSS received no money deposits from employers with respect to the Minimum Wages Act and the Maternity Leave Act, and that men accounted for over 50 per cent of the persons paid from deposits by employers relating to the Employment (Termination and Redundancy Payments) Act and the Holidays with Pay Act. Recalling that the minimum wage is a significant means of promoting the application of the Convention, the Committee asks the Government to provide information in its next report on: (i) the distribution of men and women in the sectors where non-payment of minimum wages has been most problematic; and (ii) the measures taken to ensure that the minimum wage legislation as well as other legislation relevant to the effective application of the principle of the Convention is effectively enforced for both women and men, and that obstacles with respect to its enforcement do not disproportionately affect women workers.