Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Zambia (Ratification: 1972)

Other comments on C100

Observation

2021
2018
1994

Direct Request

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Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that a definition of “equal pay for work of equal value” was included in the draft Employment Act (Amendment Bill) but drew the Government’s attention to the fact that this definition was narrower than the concept set out in Article 1(b) of the Convention. The Committee takes note of the adoption of the Employment Amendment Act in 2015 but observes that it does not contain any provision in this regard. It notes the Government’s indication, in its report, that a Labour Code is currently being drafted and would take into consideration the concerns previously expressed by the Committee. The Committee notes with interest that section 31(1)(e) of the Gender Equity and Equality Act, adopted on 23 December 2015, provides that a woman has, on an equal basis with a man, “the same right to equal remuneration, benefits and treatment in respect of work of equal value”. It notes that “work of equal value” is defined as “work that is equal in terms of the demands it makes with regard to matters such as skill, duty, physical and material effort, responsibility, conditions of work and remuneration”. It observes that the definition of the term “remuneration” corresponds to the definition provided by Article 1(a). The Committee further notes that section 31(2)(e) provides that “an employer shall not discriminate against a woman when determining remuneration, benefits, retirement and social security” according to section 31(4)(c) and (d), and that “a person, public body or private body shall not fail to respect the principle of equal pay for equal work; or perpetuate disproportionate income differentials deriving from past discrimination”; a person who contravenes these provisions commits an offence and may be convicted with a fine (section 31(6)). Noting that section 31(2)(e) refers to equal pay for “equal work”, the Committee draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, 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 (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee requests the Government to provide information on the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, including but going beyond equal remuneration for equal work, as required by the Convention. It requests the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance. The Committee requests the Government to provide information on the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, particularly the number of infringements reported to labour inspectors, courts and the Gender Equity and Equality Commission and the penalties imposed. In light of the ongoing legislative developments, the Committee requests the Government to provide information on the status of the elaboration of the draft Labour Code and hopes that it will fully reflect the principle of the Convention.

Earnings differentials between men and women. The Committee previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender pay gap. It notes from the 2017 labour market indicators available from the Central Statistical Office that 33.1 per cent of the working population is in the formal sector and that 24.8 per cent of the population is formally employed, only 26.3 per cent of whom are women. It notes that, in 2018, the Central Statistical Office published a report Gender statistics on women’s representation in local government indicating that Zambia is one of the lowest ranked countries in the Southern African Development Community (SADC) region in terms of women’s participation at local government level (9 per cent as of 2016), and highlighted the need to strengthen the collection and presentation of quality gender statistics in order to ensure that adequate information is available and accessible to undertake gender analysis for more targeted interventions and the effective participation of women at all levels. While noting the absence of available information on the earnings of men and women in the different sectors and occupations, the Committee notes with concern the Government’s statement that there is no gender pay gap in the country but only male- or female-dominated industries. It notes that the National Gender Equality Policy, as revised in 2014, highlights that women are concentrated in the lowest-paying sectors and non-technical jobs as a result of their lower education levels, and acknowledges that discrimination against women in the country is embodied in traditional rules and practices resulting in lasting constraints on women’s socio-economic empowerment and progress. Noting that the elimination of gender bias has been identified as an objective of the Gender Equity and Equality Act, 2015, the Committee draws the Government’s attention to the fact that, due to historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and their suitability for certain jobs, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias. The Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 675). The Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay, including in the context of the revised National Gender Equality Policy and the Gender Equity and Equality Act, 2015. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

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