Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Botswana (Ratification: 1997)

Other comments on C100

Observation

Direct Request

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Legislative developments. The Committee recalls that the principle of equal remuneration for work of equal value is not reflected in the legislation of Botswana, but that for a number of years the Government has been indicating that amendments to the Employment Act have been under consideration with a view to incorporating the provisions of the Convention. The Committee notes the Government’s very brief report simply stating that the comments of the Committee will be taken into account and that appropriate action will be taken to amend the law. The Committee once more draws the Government’s attention to its 2006 general observation on this Convention, stressing the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It is important to ensure that the legislation goes beyond equal remuneration for “equal”, “the same” or “similar” work, and that it also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee hopes that the revision process of the Employment Act will be completed without further delay, and urges the Government to ensure that, in the process of amending the Employment Act, full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the status of the revision process, including on any specific action taken to amend the law in accordance with the Convention.

Minimum wages. The Committee previously noted that the Minimum Wage Advisory Board in making recommendations to the Minister is to take into account a number of factors, including the desirability of the elimination of discrimination between men and women with respect to wages for equal work. The Committee recalls that the concept of equal wages for “equal work” is narrower than that of equal remuneration for work of equal value. Noting the Government’s very brief reply that consultations on the labour law amendments are still ongoing, the Committee once again asks the Government to take measures to ensure that the principle of the Convention is fully reflected in the minimum wage-setting process, and to inform the Committee of any steps taken in this regard.

Objective job evaluation. The Committee notes that again no copy was received of the manual setting out the methodology used for job evaluation in the public sector, which the Government had previously stated addresses the principle of equal remuneration for work of equal value. Information on measures to promote job evaluation in the private sector was also not provided. The Committee reiterates its request to the Government to forward a copy of the manual setting out the job evaluation methodology, and to provide information regarding any measures taken to promote objective job evaluation in the private sector.

Measures to promote equal remuneration. Noting that the Government’s brief report merely states that consultations are still ongoing on practical measures to promote equal remuneration, the Committee asks the Government to provide information on the details and results of these consultations with regard to the adoption of policies in place to promote equal remuneration in the private sector, and to reduce the gender pay gap. The Committee also asks the Government to continue to collect and provide statistical information on the remuneration received by men and women in the public and private sectors, by industry and occupation.