Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Work of equal value. The Committee recalls that section 3(1) of the Equal Pay Act, 1994, guarantees “equal pay for equal work”, which is not fully in accordance with the Convention. The Committee draws the Government’s attention to its 2006 general observation in which it stressed that the concept of work of equal value includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Government’s report indicates that the issue of amending the legislation in order to ensure conformity with the Convention would be drawn to the attention of cabinet. The Committee asks the Government to provide information on the steps taken to ensure that the legislation provides for equal remuneration for men and women for work of equal value, and any progress made in this regard.

2. Fixing of wages. The Committee notes that in 2003 the Government adopted seven regulations to establish minimum wages covering agricultural workers, domestic workers, industrial workers and shop assistants and, for the first time, also for hotel workers, security workers, and workers in offices of professionals. The Committee also notes the Government’s indication that the application of the Convention’s principle was principally ensured through the involvement of workers’ and employers’ organizations in the minimum wage fixing process. The Committee asks the Government to provide copies of all the minimum wage orders currently in force. The Committee also asks the Government to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value.

3. Objective job evaluation. The Committee notes that a comprehensive public sector job reclassification exercise was completed in 2004 and that the Ministry of the Public Service was working on the implementation of some of the recommendations made in this context. The Committee asks the Government to indicate the outcome of the reclassification exercise, including information on how the principle of the Convention was taken into account, and on the recommendations implemented by the Government. The Committee also asks the Government to indicate whether any measures have been taken to promote the use of objective job evaluation methods in the private sector.

4. Enforcement. The Committee notes that no violations of the principle of equal remuneration for work of equal value have been found in the course of labour inspection, nor have any complaints been brought. The Government is asked to continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including information on any cases of unequal remuneration dealt with.

5. Promotional measures. As indicated in its 2006 general observation, difficulties in applying the principle of the Convention in law and in practice often result from a lack of understanding of the scope and implications of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government, in cooperation with workers’ and employers’ organizations, to promote training and awareness raising of the Convention’s principle among public officials, workers and employers and other relevant target groups, and to indicate any steps taken in this regard. The Committee reiterates its request for information on any measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

6. Statistical information. While noting the information provided by the Government concerning the distribution of men and women occupying posts as permanent secretaries within the public service and heads of departments of Government, the Committee notes that the Government has not yet provided statistical information on the earnings of men and women. The Committee asks the Government to provide such information in its next report.