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Legislation. The Committee notes the Government’s indication that in the context of the review of the National Employment Act, the National Tripartite Committee will give consideration to including the principle of equal remuneration for men and women for work of equal value and to defining remuneration as set out in Article 1(a) of the Convention. The Committee asks the Government to provide specific information on the progress achieved in reviewing the National Employment Act, and in ensuring that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, including defining remuneration to include all the elements set out in Article 1(a) of the Convention.
Article 2. Application of the principle. The Committee notes from the Government’s report that the remuneration system in the public sector is managed by the Department of Public Administration (DPA), which recently revised the salary grid structure. The Committee also notes the Government’s indication that remuneration in the private sector is left to the market and should not be set below the minimum wage. The Committee asks the Government to indicate the methodology used by the DPA when determining wage rates, and how it takes into account the principle of equal remuneration for men and women for work of equal value, and ensures that the criteria used are free from gender bias. The Committee again asks the Government to provide information on steps taken to promote the application in practice of the principle of the Convention in the private sector.
Minimum wages. The Committee notes the Government’s indication that a national minimum wage has been introduced in the public and the private sectors. It also notes that the minimum wage became applicable to non-Seychellois workers in July 2010. The Committee notes that, pursuant to section 6 of the Employment (National Minimum Wage) Regulations 2007, the Minister of Employment and Human Resources may “exempt any worker or category of workers” from the application of the national minimum wage “subject to such conditions as the Minister may think fit”. The Committee asks the Government to provide specific information on the workers and category of workers exempted from the application of the national minimum wage, including specifying the number of women and men in such categories. Noting that the Minimum Wage Regulations were not included with the Government’s report, the Committee asks the Government to provide copies thereof.
Statistical information. The Committee notes that the Ministry of Labour has recommended that the National Bureau of Statistics gather sex-disaggregated data on the earnings of men and women, by occupation, sector and industry, in the context of the next surveys on employment and earnings. The Committee hopes that the Government will be in a position to provide the fullest possible statistical information disaggregated by sex in its next report, and asks the Government to provide information of progress achieved in this regard.
Legislation. The Committee recalls that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), while providing for some protection against discrimination based on gender as regards remuneration, does not provide for equal remuneration for men and women for work of equal value. Furthermore, in spite of article 35(d) of the Constitution guaranteeing fair and equal wages for work of equal value, the Committee considered it desirable that the legislation include provisions giving full expression to the principle of the Convention. To this end, it should be ensured that remuneration be defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee notes that no steps have been taken in this regard. Noting from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the legislation will be reviewed in 2009, the Committee hopes that the Government will take the opportunity to include a provision giving full legal expression to the principle of equal remuneration for men and women for work of equal value, and ensure that the definition of remuneration includes all elements set out in Article 1(a) of the Convention.
Policies. In the absence of any new measures taken to promote the application of the Convention, the Committee reiterates the importance of ensuring that remuneration systems and employment policies ensure equal remuneration for men and women for work of equal value. The Committee hopes that the Government’s next report will indicate how remuneration systems take into account the principle of the Convention and include information on any measures taken to promote the full application of the principle of equal remuneration for men and women for work of equal value in the public and private sectors.
Minimum wages. The Committee notes the adoption of the Employment (National Minimum Wage) Regulations 2007, the text of which was attached to the Government’s report but not fully reproduced. Please provide a copy of the full text of the Employment (National Minimum Wage) Regulations 2007.
Objective job evaluation. The Committee notes the Government’s statement that no measures have been taken or are envisaged to promote the use of objective job evaluation methods. Recalling its 2006 general observation emphasizing the importance of developing such methods for the purpose of determining work of equal value, the Committee asks the Government to examine, in cooperation with the workers’ and employers’ organizations, the use of objective job evaluation methods in the public and private sectors.
Statistical information. The Committee notes that the statistics on the earnings by industry and sector provided are not disaggregated by sex and therefore do not permit an assessment of the extent or nature of any earnings inequalities that might exist between men and women. The Committee asks the Government to make an effort to compile and provide sex disaggregated data on the earnings or wages of men and women, by occupation, sector or industry.
1. Legislation. The Committee notes that section 46A of the Employment Act, as amended by the Employment (Amendment) Act (Act 4 of 2006), provides that “where an employer makes an employment decision against a worker on the ground of the worker’s age, gender, race, colour […], the worker may make a complaint to the Chief Executive stating all relevant particulars”. While this provision appears to cover discrimination based on gender as regards remuneration, the Committee notes that it does not provide for equal remuneration for men and women for work of equal value. Although section 35(d) of the Constitution guarantees fair and equal wages for work of equal value, the Committee considers it desirable to include in the legislation provisions giving full expression to the Convention’s principle, with a view to achieving its full application, in law and in practice. In this context, it should be ensured that, for the purposes of the application of the principle of equal remuneration for men and women for work of equal value, remuneration is defined in accordance with the definition set out in Article 1(a) of the Convention. The Committee asks the Government to provide information on the following:
(a) the practical application of section 46A of the Employment Act, indicating the number, nature and outcome of any complaints brought relating to wage discrimination;
(b) the measures taken or envisaged with a view to giving full legislative expression to the Convention’s principle and to ensuring that the definition used for the purposes of ensuring equal remuneration is provided for work of equal value includes all the elements set out in Article 1(a) of the Convention.
2. Policies. The Committee notes that the Employment Policy stresses the importance of access to employment and training without discrimination and the encouragement of equality of opportunity and equity within the work environment. The Policy also commits the Government to promoting a remuneration system based on performance and productivity results. The Committee asks the Government to indicate any measures taken to ensure that remunerations systems ensure equal remuneration for men and women for work of equal value. It once again asks the Government to provide information on any other measures taken or envisaged to promote the full application of the Convention’s principle in both the private and public sectors.
3. Minimum wages. The Committee notes from the Government’s report that a national minimum wage has not yet been fixed. Recalling its 2003 direct request concerning the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) in which it expressed the hope that minimum wage machinery would be set up without any further delay, the Committee asks the Government to keep it informed of the progress made in this regard. Please also provide information regarding what measures are taken or envisaged to ensure that the future minimum wage fixing machinery fully takes into account the principle of equal remuneration for men and women for work of equal value.
4. Objective job evaluation. The Committee notes that in the Government’s report there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee refers the Government to its 2006 general observation under the present Convention for further guidance on the importance of objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for work of equal value, and asks the Government to indicate in its next report any measures taken or envisaged to promote the use of objective job evaluation methods.
5. Statistical information. The Committee notes that the statistical information on earnings provided by the Government is not disaggregated by sex. The Committee therefore asks the Government to provide with its next report detailed data concerning the earnings of men and women, by industry and sector.
The Committee notes the Government’s very brief report indicating that no significant changes have been noted in the application of the Convention in either law or practice.
1. The Committee notes the Government’s statement that the Employment Act is currently under revision. It hopes that the revised legislation will incorporate the comprehensive definition of remuneration set out in Article 1(a) of the Convention, which applies not only to wages but also to any additional emoluments, whether paid directly or indirectly, whether in cash or in kind, in order to ensure the promotion of the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to keep it informed of any developments with regard to the adoption of the said legislation and to provide it with a copy of the revised Act when it has been adopted.
2. The Committee notes that the Government’s report does not contain a reply to the remaining points raised in its previous comments. The Committee therefore reiterates its request to the Government to include in its next report full information in reply to its previous direct request, which raised the following points:
(a) Article 2. Principle of equal remuneration for work of equal value. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women for work of equal value. Unfortunately, no copy of the Employment Policy has been received by the Office. Therefore, the Committee would be grateful if the Government would supply a copy of the said document with its next report. Please also provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.
(b) Determination of wages. Recalling the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise, the Committee asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.
(c) Article 3. Objective job appraisal. Recalling the Government’s statement that objective job appraisal is envisaged for public servants by the scheme of service and that the same procedure exists for the private sector, the Committee requests the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please also provide a copy of the scheme of service.
(d) Part III of the report form. Enforcement. Recalling that according to section 64 of the Employment Act of 1995, workers may initiate a grievance procedure for any disputes between an employer and a worker, the Committee asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.
(e) Part V of the report form. Statistical information. Please supply recent statistical information and provide information on remuneration, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
1. The Committee notes that article 35(d) of the Constitution of 1992, under "right to work", guarantees "fair and equal wages for work of equal value" which is in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". However, the Committee notes that the definition of wages under section 2 of the Employment Act, 1995 (Act No. 2 of 1995), explicitly excludes overtime pay and pay for other incidental purposes and is limited to money payments. The Committee points out that the definition of remuneration contained in Article 1(a) of the Convention also includes any other emoluments, payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, both in the public and private sector. In this respect, the Committee refers to its 1986 General Survey on equal remuneration (paragraphs 14 and 15). The Committee asks the Government to provide information with its next report on the measures which have been taken or are envisaged to ensure that the definition of remuneration used for the purposes of ensuring that equal remuneration is paid for work of equal value includes all the elements of remuneration set out in Article 1 of the Convention.
2. The Committee notes the Government’s statement that the Employment Policy promotes equal remuneration for men and women workers for work of equal value. The Committee asks the Government to supply a copy of the Employment Policy with its next report and also to provide detailed information on the promotional measures adopted or envisaged to ensure the full application of the principle of equal remuneration for men and women workers for work of equal value in both the public and private sectors.
3. The Committee notes that, under section 40 of the Employment Act, 1995, regulations may be adopted respecting wages and employment to guarantee equal wages for work of equal value, after consultation with employers’ and workers’ organizations. It also notes from its direct request of 2001 concerning Convention No. 26 on minimum wage fixing machinery that the National Tripartite Employment and Labour Council (NTELC) will discuss the purpose and objectives of minimum wage fixing machinery. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the present Convention. It further recalls the importance of legislative requirements and guidance in providing a framework of equality when wages are set by collective agreements or otherwise. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to: (1) establish a minimum wage; or (2) to ensure equal remuneration for work of equal value for men and women workers. It also asks the Government to provide information on the consultations held with the social partners leading up to the adoption of such measures.
4. The Committee notes the Government’s statement that objective job appraisal is envisaged for public servants by the Scheme of Service and that the same procedure exists for the private sector, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been implemented in both the public and private sectors. Please provide a copy of the Scheme of Service.
5. The Committee notes the Government’s statement that workers may initiate a grievance procedure for any disputes between an employer and a worker. It notes that section 64 of the Employment Act, 1995, provides for a grievance procedure. It asks the Government to provide information with its next report on the procedure available for lodging a complaint in both the private and public sectors, and the outcome of any complaints that have been lodged relating to the principle of equal remuneration.
6. The Committee notes the statistical information provided by the Government in the document entitled Le Méridien Barbarons employers establishment - 2000 on wages disaggregated by sex. It asks the Government to continue to send examples of establishments’ reports and to provide information on remuneration with its next report, disaggregated by occupation and sex, giving a broader picture of the situation in the country with regard to the application of the principle of equal remuneration in all sectors and branches of activity.
The Committee notes the information contained in the Government’s first and additional reports, including the statistical information provided.