Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Saint Kitts and Nevis (Ratification: 2000)

Other comments on C100

Observation

Direct Request

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Article 2 of the Convention. Minimum wages. In its previous comment, the Committee noted that the Labour (Minimum Wage) (National Minimum wage) (Amendment Order) Order No. 33 of 2014 brought the national minimum wage up to 9 Eastern Caribbean dollars (XCD) per hour, but that separate minimum wage orders still applied for specific categories of workers. It asked the Government, inter alia, to provide information on the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, particularly through the Labour Commission and the labour inspectorate services. The Committee notes with interest the Government’s indication that the variation of wages according to sectors has been eliminated and that there is now a uniform minimum wage of XCD9 applicable to men and women workers in all sectors. The Government adds that the data collected by labour inspectors during their inspection did not reveal any gender inequality and that, in the application of sections 8 and 11 of the Equal Pay Act 2012, the Minister of Labour requested employers to submit to the Department of Labour, on a monthly basis, a survey sheet capturing the data regarding distribution of wages among workers, differentiated by sex. The Committee notes the Government’s indication that, as only a few employers complied, the Department of Labour is reminding all employers to submit their monthly survey sheets to the statistician of the Department. Based on the data captured through the monthly survey of distribution of wages, the Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations and their corresponding earnings. It also requests information on any case of wage discrimination identified by labour inspectors or otherwise as well as on the work of the tripartite Minimum Wage Advisory Committee.

Article 3. Objective job evaluation. The Committee notes the Government’s indication, in reply to its previous comment, that the Civil Service Act was adopted in 2011 and that, in 2014, five Statutory Rules and Orders (SROs) supporting the legislation were enacted. It notes that the objective job evaluation for the civil service, which started in 2008, has been completed and that a new project, launched in 2014 and entitled “Functional Reviews – A new policy framework for public sector modernization and human resource management” was near completion but halted following the 2015 change of government. It also notes the Government’s statement that there has not been any progress made in promoting objective job evaluation in the private sector but that this issue would be discussed by the National Tripartite Committee. The Committee asks the Government to continue to provide information on the methodology used for the objective job evaluation exercise in the civil service and for determining salaries in the civil service that are free from gender bias, and to continue to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. The Committee, noting the Government’s indication, once again, that it is unable to provide information on any activities carried out in cooperation with the social partners to raise awareness and understanding of the principle of equal remuneration for men and women for work of equal value, reiterates the importance of involving workers’ and employers’ organizations in promoting the effective application of the Convention, and firmly hopes that the Government will be in a position to provide detailed information on initiatives taken in this regard in its next report.

Application of the Convention in practice. In its previous comment, the Committee emphasized the need for sufficient human and financial resources in order to establish a well-functioning labour inspection system which appropriately monitors the application of the Equal Pay Act 2012 and the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs. It also asked the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of the Convention and to provide information on any cases regarding unequal pay brought to the Labour Commissioner. The Committee notes the Government’s indication that it has taken measures to strengthen the human resources of the Labour Inspectorate Services and that the monitoring of the application of the Equal Pay Act has been added to the list of items the labour inspectors have to verify during their inspections. However, no steps have been taken regarding cooperation with the Ministry of Gender Affairs nor with a view to raise awareness on the principle of the Convention. The Government also indicates that there have been no cases brought to the Labour Commissioner nor any relevant judicial decisions taken. The Committee notes the Government’s statement that awareness-raising activities will be carried out to ensure that the lack of judicial proceedings is not due to a lack of knowledge about workers’ rights. Recalling the importance of the role of judges and labour inspectors as well as cooperation among different governmental actors with a view to ensuring the effective application of the Convention, the Committee asks the Government to continue to provide information: (i) on the human and financial resources made available in order to establish a well-functioning labour inspection system; (ii) on measures taken to ensure cooperation with the Ministry of Gender Affairs; (iii) on measures taken to raise awareness of labour inspectors, judges, other relevant authorities, as well as workers and employers, regarding the principle of equal remuneration for men and women for work of equal value; (iv) on the practical application of the Equal Pay Act 2012; and (v) on any cases brought to the Labour Commissioner and any judicial decisions taken regarding unequal pay.