Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Work of equal value. The Committee has been referring for a number of years to the fact that the definition of “work of equal value” provided for in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills, duties, responsibilities and conditions” could unduly restrict the scope of comparison of jobs performed by men and women and has therefore requested the Government to amend the provision. Noting the Government’s indication that the Labour Act is in the process of being amended, and thus the amendment of section 2(a) will be considered, the Committee asks the Government to provide information on any developments concerning the amendment of section 2(a), which will ensure that the concept of work of equal value is expressed in section 5(2a) in terms consistent with the Convention and not in a restrictive manner.

Article 3. Job evaluation. The Committee asks the Government to continue to provide updated information on the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors. It asks the Government to provide more detailed information on how it promotes gender-sensitive job evaluation in the context of the National Gender Policy.

Enforcement. Recalling the importance of raising awareness of the legislation among workers and employers and their organizations, the Committee asks the Government to indicate any measures taken in this regard and to continue to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistical information. The Committee asks the Government to continue to make every effort to strengthen the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee previously considered that this definition of “work of equal value” could unduly restrict the scope of comparison of jobs performed by men and women. Although the Government reiterates in its report that neither women nor men are in any way prejudiced in the application of the concept of equal value, the Committee remains concerned over the definition contained in section 2(a) of the Labour Act. The Committee recalls its 2006 general observation, stressing the importance of ensuring that legal provisions are not narrower than the principle of equal remuneration for men and women for work of equal value. The Committee stated in the general observation that legal provisions which are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “equal pay for work of equal value”. The Committee, therefore, asks the Government to take the necessary steps to amend section 2(a) of the Labour Act to ensure that the concept of work of equal value reflected in section 5(2a) is not understood and applied in a restrictive manner. Please indicate the steps taken or envisaged in this regard.

Article 3. Job evaluation. The Committee notes that a job evaluation exercise is currently being carried out in the public service. The results of the job evaluation undertaken in the motor industry are not yet available. The Committee also notes the Government’s indication that the National Gender Policy contributed to gender sensitive job evaluation. The Committee asks the Government to continue to provide updated information on the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors. It asks the Government to provide more detailed information on how it promotes gender-sensitive job evaluation in the context of the National Gender Policy.

Enforcement. Noting the Government’s indication that during the reporting periods there were no known cases of violations of section 5(2a) of the Labour Act, the Committee wishes to stress the importance of raising awareness of the legislation among workers and employers and their organizations. It asks the Government to indicate any measures taken in this regard and to continue to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistical information. The Committee asks the Government to continue to make every effort to strengthen the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee notes the Government’s confirmation that “similar or substantially similar” means “equivalent” for the purpose of the application of the Convention. The Committee recalls that the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that equal remuneration is not only paid to men and women performing the same work, but also to men and women who perform different work which is nevertheless of equal value. Considering that the definition of “work of equal value” as set out in the legislation may unduly restrict the scope of comparison of jobs performed by men and women, the Committee asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

2. Article 3. Job evaluation. The Committee notes from the Government’s report that no appeals alleging unequal remuneration for men and women for work of equal value have been lodged after the recent job evaluation exercise carried out by the Public Service Commission. With regard to the private sector, the Committee notes that the job evaluation exercise carried out by the National Employment Council for the motor industry led to the establishment of an 11 grade structure applied to all workers covered by the collective bargaining agreement applicable to that industry. The Committee asks the Government to continue to provide information on any future job evaluation exercise in the public service and the measures taken to ensure that, in this context, respect for the principle of equal remuneration for men and women for work of equal value is ensured. With regard to the private sector the Committee asks the Government to provide the results of the audit of the job evaluation system in the motor industry mentioned in the Government’s report, as soon as available. It also asks the Government to continue to provide information on the measures taken or envisaged to promote the use of job evaluation methods that are free from gender bias in the private sector, including information on the cooperation with employers’ and workers’ organizations in this regard.

3. Parts IV and V of the report form. The Committee notes the Government’s indication that the Office of the Ombudsman was carrying out awareness-raising activities to publicize its functions throughout the country. The Committee asks the Government whether any of these activities specifically promote the principle of equal remuneration. Please also indicate the number of cases concerning violations of section 5(20) of the Labour Act that have been addressed by the competent authorities.

4. Statistics. The Committee notes that the Government has submitted a project proposal to the ILO for the creation of a labour market database. It asks the Government to make every effort to ensure strengthening of the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard in the next report.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. Further to its observation the Committee notes that for the purpose of section 5(2a) of the Labour Relations Act, as amended "work of equal value" means "work that involves similar or substantially similar skills, duties, responsibilities and conditions". The Committee asks the Government to confirm whether "similar or substantially similar" means "equivalent" for the purpose of the application of the Convention.

2. Article 3. Job evaluation in public service. The Committee notes with interest the job evaluation exercise carried out by the Public Service Commission based on the Patterson Job Evaluation Method, which included three stages, i.e. job profiling, job grading and compensating. It also notes that after the regrading of jobs, a compensation structure was developed for the civil service, taking into account the performance of the economy and that upon completion the job evaluation process allowed for appeals from aggrieved members. The Committee asks the Government to provide copies of the new compensation structure in the civil service, including information disaggregated by sex on the distribution of men and women in the different grades, and to indicate whether any appeals have been lodged after the job evaluation exercise alleging unequal remuneration for men and women for work of equal value.

3. Job evaluation in the private sector. The Committee further notes with interest the job evaluation exercises undertaken by the National Employment Councils (NECs). It notes in particular that the NEC for the motor industry trained a committee involving the expert consultants and social partners on how to carry out the "Peronmes Job Evaluation Method", which then carried out the job evaluation for the industry. The Committee asks the Government to provide information on the results of this job evaluation exercise, including whether it has had any effect on the respective wages of men and women in the industry. Please also indicate any measures taken or envisaged to promote, in consultation with the social partners, the use of the Peronmes method or any other job evaluation methodology in the private sector.

4. Part V of the report form. Practical application. With reference to its previous comments on affirmative action measures by the Government to encourage women’s enrolment in universities and tertiary sectors, the Committee notes that women’s enrolment in technical colleges has increased from 31 per cent in 1999 to 32.7 per cent in 2003, although it still remains low. It also notes that women continue to be concentrated in courses such as secretarial studies, textile design and hotel and restaurant catering while under-represented in others such as automotive, construction, and civil, mechanical and electrical engineering. However, noting that their enrolment in non-traditional vocational training courses appears to be gradually increasing, the Committee encourages the Government to continue its efforts to increase women’s enrolment in a wider range of vocational training courses and to provide information on the progress made as well as the impact of this progress on women’s access to higher paid jobs. Noting with interest the strategies under the newly adopted National Gender Policy to improve equality of opportunity and treatment in employment, please also provide information on the measures taken under the strategy to promote equal remuneration for work of equal value.

5. Part V of the report form. Statistics. The Committee reiterates its request for information on the outcomes of the project proposal to create a data on labour statistics with the assistance of the Office. It hopes that the Government will soon be in a position to supply the information requested in previous comments (i.e. percentage of women covered by the collective bargaining agreements; number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration) and, mainly, an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors.

6. Part IV of the report form. Enforcement. Noting that the Office of the Ombudsman has not received any complaints pertaining to the application of the Convention, the Committee asks the Government to indicate the specific steps taken by the Office of the Ombudsman to advertise its functions with respect to equal pay cases and to increase awareness of and accessibility to its services.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Further to its previous comments, the Committee notes with satisfaction the adoption of the Act amending the Labour Relations Act (Chapter 28:1) which for the first time legislatively requires equal remuneration for men and women for work of equal value. Furthermore, the Committee notes that section 5(2a) of the Labour Relations Act as amended, now provides that the Labour Relations Act shall apply to members of the public service. The Committee asks the Government to provide information with its next report on the practical application of section 5(2a) of the Labour Relations Act both in the private and public sectors.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report on the following points.

1. The Committee noted in the previous comments that a draft Labour Amendment Bill was due to be tabled in Parliament in 2001, which would have included the concept of equal pay for work of equal value. The Committee notes that the Government’s report declares that it was an error to report the intention to include the principle of the Convention in the Amendment Bill, since the Labour Relations Act, Chapter 28:01, covers the issue already and that there are no problems, in practice, with respect to the principle of equal pay for work of equal value. The Committee also notes that the scope of application of the Labour Relations Act is limited to the private sector. Therefore, the Committee asks the Government to supply more detailed information on the measures undertaken to ensure the application of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes from the Government’s report that job evaluations are carried out by professional companies, which analyse the "worthiness of the jobs themselves, not the attributes of those doing the jobs". The Committee asks the Government to supply information on the methodology of these job evaluations, as well as the manner in which gender bias has been reduced in carrying out the evaluations, and on the results achieved in terms of reducing the remuneration gap between men and women in performance of jobs of equal value.

3. The Committee notes with interest the Government’s initiative for affirmative action measures in universities and tertiary colleges in order to encourage women’s enrolment, within the framework of measures taken to increase women’s opportunity to progress to higher level jobs and to combat occupational segregation. The Committee asks the Government to provide data on the percentage of women enrolled in technical and non-traditional programmes, and once available, on women’s participation in the labour market. Please also supply information on any other measures taken or envisaged to combat occupational segregation, and the results these have on increasing remuneration levels of women.

4. Regarding technical assistance in the field of labour statistics requested by the Government of the Office, the Committee notes the project proposal attached to the Government’s report. Noting that the starting date is January 2003, the Committee asks the Government to provide, in its next report, information on the outcomes obtained by the planned activities, and to supply the information requested in previous comments (i.e. percentage of women covered by the collective bargaining agreements; number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration), and, mainly, an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors.

5. The Committee notes the letter from the Office of the Ombudsman which declares that the Office has not dealt with cases concerning the principle of equal remuneration for work of equal value. It also notes that this Office will undertake to advertise, in the local newspaper, the possibility of addressing the Office of the Ombudsman in such cases. The Committee asks the Government to continue to provide information in this regard.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. Noting that the concept of equal pay for work of equal value is included in the draft Labour Amendment Bill which is to be tabled in Parliament in 2001, the Committee asks the Government to keep it informed of any progress achieved towards legislative recognition of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes, once again, that the government report is silent on the implementation in practice of the objective job evaluation method mentioned in its first report (Paterson method). It wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee recalls that, by adopting non-discriminatory evaluation criteria and applying it in a uniform manner, differences in wages resulting from traditional stereotypes with regard to the value of "women’s work" are likely to be reduced. Consequently, the Committee asks the Government to provide details of the manner in which gender bias is reduced when implementing the objective job evaluation.

3. The Committee notes the information provided by the Government, according to which the Incomes Policy Board is, in fact, a Wages and Salaries Advisory Board (WSAB) whose function is to consider wage and salary position papers from the three social partners, and advise the minister on the trends of wage and salary adjustments. It covers both classified and unclassified industries, in particular workers who are in occupations where there is no forum for collective bargaining, such as domestic workers. Noting the Government’s statement that the principle of the Convention is taken into consideration by the WSAB, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is implemented by the WSAB.

4. Noting that, following the broadening of its functions in 1997, the Ombudsman is still to report on activities undertaken or cases investigated with regard to the implementation of the principle of equal remuneration between women and men, the Committee hopes that the Government will keep it informed of any activities undertaken by the Ombudsman concerning the implementation of the principle of the Convention.

5. The Committee notes with interest the government statement that a request for technical assistance in the field of labour statistics is to be directed to the ILO and asks the Government to keep it informed of any progress being made in the collection of data disaggregated by sex. It hopes that the assistance requested will not only allow the Government to provide the information required in its previous comment (i.e. percentage of women covered by the collective bargaining agreements supplied earlier by the Government, in particular the number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration received), but that it will also permit an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women by setting up a mechanism of data compilation, which would allow an analysis of the position and pay of men and women in all job categories within and between the various sectors.

6. As regards occupational segregation, i.e. female workers concentrated in informal, unpaid or less remunerative work, the Committee recalls the Government’s own report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), according to which women are free to pursue any profession in Zimbabwe, while in practice they tend to be concentrated in those areas that reflect their roles as mothers and are also in low-paying jobs - in particular household work and family care. In its report, the Government indicates that most women in Zimbabwe are venturing into fields which were previously male-dominated, and are also found in managerial posts. However, no statistical data to support this statement was provided, nor was there an indication of measures taken or envisaged to address this phenomenon. Considering the difficulty of assessing the progress achieved in implementing the principle of equal remuneration, the Committee would once again stress the importance of having at its disposal statistical data on the distribution of men and women in the public and private sector, by earning levels, and on the composition of earnings (please refer to the Committee’s 1998 general observation). The Committee would be grateful to the Government for indicating measures taken or envisaged to combat occupational segregation, and in particular to ensure that women have an equal opportunity to progress to higher level jobs, if their skills and preferences so merit.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report.

1. Noting that the concept of equal pay for work of equal value is included in the draft Labour Amendment Bill which is to be tabled in Parliament in 2001, the Committee asks the Government to keep it informed of any progress achieved towards legislative recognition of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes, once again, that the government report is silent on the implementation in practice of the objective job evaluation method mentioned in its first report (Paterson method). It wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee recalls that, by adopting non-discriminatory evaluation criteria and applying it in a uniform manner, differences in wages resulting from traditional stereotypes with regard to the value of "women’s work" are likely to be reduced. Consequently, the Committee asks the Government to provide details of the manner in which gender bias is reduced when implementing the objective job evaluation.

3. The Committee notes the information provided by the Government, according to which the Incomes Policy Board is, in fact, a Wages and Salaries Advisory Board (WSAB) whose function is to consider wage and salary position papers from the three social partners, and advise the minister on the trends of wage and salary adjustments. It covers both classified and unclassified industries, in particular workers who are in occupations where there is no forum for collective bargaining, such as domestic workers. Noting the Government’s statement that the principle of the Convention is taken into consideration by the WSAB, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is implemented by the WSAB.

4. Noting that, following the broadening of its functions in 1997, the Ombudsman is still to report on activities undertaken or cases investigated with regard to the implementation of the principle of equal remuneration between women and men, the Committee hopes that the Government will keep it informed of any activities undertaken by the Ombudsman concerning the implementation of the principle of the Convention.

5. The Committee notes with interest the government statement that a request for technical assistance in the field of labour statistics is to be directed to the ILO and asks the Government to keep it informed of any progress being made in the collection of data disaggregated by sex. It hopes that the assistance requested will not only allow the Government to provide the information required in its previous comment (i.e. percentage of women covered by the collective bargaining agreements supplied earlier by the Government, in particular the number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration received), but that it will also permit an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women by setting up a mechanism of data compilation, which would allow an analysis of the position and pay of men and women in all job categories within and between the various sectors.

6. As regards occupational segregation, i.e. female workers concentrated in informal, unpaid or less remunerative work, the Committee recalls the Government’s own report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), according to which women are free to pursue any profession in Zimbabwe, while in practice they tend to be concentrated in those areas that reflect their roles as mothers and are also in low-paying jobs - in particular household work and family care. In its report, the Government indicates that most women in Zimbabwe are venturing into fields which were previously male-dominated, and are also found in managerial posts. However, no statistical data to support this statement was provided, nor was there an indication of measures taken or envisaged to address this phenomenon. Considering the difficulty of assessing the progress achieved in implementing the principle of equal remuneration, the Committee would once again stress the importance of having at its disposal statistical data on the distribution of men and women in the public and private sector, by earning levels, and on the composition of earnings (please refer to the Committee’s 1998 general observation). The Committee would be grateful to the Government for indicating measures taken or envisaged to combat occupational segregation, and in particular to ensure that women have an equal opportunity to progress to higher level jobs, if their skills and preferences so merit.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information in the Government's report, in particular the Constitutional Amendment (No. 14) Act, 1996, which includes, in article 23 of the Constitution, gender as a ground of protection from discrimination. The Committee recalls that section 5(1)(d) of the Labour Relations Act, 1984 (as amended), prohibits discrimination by employers on the grounds of, inter alia, sex in the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits, and that sections 5(1)(a) and (b) and (2)(a) and (b) of the Labour Relations Act, 1984, prohibit discrimination on the grounds of sex in relation to the advertisement of employment and the recruitment for employment. The Committee notes that both the Constitution (article 23) and the Labour Relations Act (section 7(a)) allow for exceptions to the prohibition of discrimination based on sex. It requests the Government to provide information on the application of these provisions, and the exceptions, if relevant, as they relate to the application of Article 1 of the Convention which prescribes equal remuneration for men and women workers for work of equal value. The Committee also would be grateful if the Government would indicate whether it is considering giving legal expression to the principle of the Convention, in particular by introducing the concept of equal value.

2. Further to its previous comments concerning the need for objective appraisal of jobs which is not required under existing legislation (see above), the Committee requests the Government again to confirm whether the envisaged amendment of existing legislation is still under consideration and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

3. Further to the indication of the Government in its previous report that the Labour Relations Act, 1984, applies to all workers except civil servants, the Committee notes from the Government's report that wages or cost-of-living adjustments for domestic workers are determined by a tripartite Incomes Policy Board which also determines minimum wages for unclassified industries. The Committee requests the Government to provide information on the full function of the Incomes Policy Board, both with regard to classified and unclassified industries, as well as information on the manner in which it takes into account the principle of equal remuneration between men and women workers for work of equal value, bearing in mind Article 4 of the Convention and Paragraph 7 of Recommendation No. 90.

4. The Committee notes that, through the adoption of the Ombudsman Amendment Act, 1997, the functions of the Ombudsman under article 108 of the Constitution have been broadened to include investigations into alleged violations of the human rights contained in the Declaration of Rights which constitutes Chapter III of the Constitution. The Committee requests the Government to provide it with information on any activities undertaken or cases investigated by the Ombudsman with regard to the principle of equal remuneration between women and men.

5. Further to its previous comments, the Committee notes the texts of the collective agreements supplied by the Government in its report. The Committee requests the Government to supply in its next report an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. Recalling the Government's previous indication concerning the non-availability of statistical data requested, the Committee would like to refer the Government to its general observation on this Convention and again remind the Government that ILO technical assistance is available in this field.

6. The Committee notes the Government's indication that labour statistics either obtained through complaints or inspection do not reveal violations concerning equal remuneration. Noting that in its previous reports the Government provided statistical data with regard to violations of remuneration rights, including the number of inspection visits made between 1992 and 1995, the number of complaints received and restitutions made, the Committee again requests the Government to provide information on the number of violations concerning equal remuneration and the punishment imposed.

7. The Committee notes from the conclusion in the chapter on poverty and gender of the Main Report of the 1995 Poverty Assessment Study Survey of the Ministry of Public Service, Labour and Social Welfare, that there appears to be a trend of feminization of poverty, expressed partly through the existing wage gap, due, inter alia, to traditional (patriarchal) and remaining colonial bias in education and skills endowment in favour of males and occupational segregation with females concentrated in informal, unpaid or less remunerative household work and family care. The Committee further notes from the Government's report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, that, although women are free to pursue any profession in Zimbabwe, they tend to be concentrated in those areas that reflect their roles as mothers and also in low paying jobs. The Committee would point out that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity, and requests the Government to indicate measures taken to address the above situation including promotional activities related to the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. In its previous direct request, the Committee noted that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations are usually established on the basis of job evaluation, and observed that the legislation does not require an objective appraisal of jobs. Accordingly, it requested the Government to consider taking measures to ensure that the principle of equal remuneration for men and women workers for work of equal value is given legislative expression. The Committee notes the first reply of the Government (received in October 1994) in which the Government indicated its intention to amend the Labour Relations Act in order to lay down formally the incorporation of job evaluation as a yardstick when fixing wages. Nevertheless, in its most recent report, the Government states that existing legislation is sufficient to ensure respect for the principle enshrined in the Convention. The Committee requests the Government to confirm whether the amendment of existing legislation is still envisaged and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

2. Having noted in a 1986 publication of the Zimbabwe Institute of Development Studies (ZIDS) that casual workers in the food-processing industry (which employs essentially women) are not protected by the provisions regarding minimum wages, the Committee asked the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. The Government replies that section 3 of the 1984 Act applies to all workers with the exception of civil servants. The Government states that casual workers, in particular, enjoy the minimum wages provisions although it recognizes that permanent workers may enjoy additional benefits (pension rights, gratuity, etc.) because of their permanent status. The Government states, however, that casual workers are compensated partly by being paid double hourly or daily rates. The Committee notes this information and requests the Government to indicate in what way the principle of equal remuneration between men and women for work of equal value, enshrined in the Convention, is drawn to the attention of casual workers and the social partners. For more details, the Committee requests the Government to refer to Article 4 of the Convention and to Paragraph 7 of the Recommendation.

3. In its previous direct request, the Committee requested the Government to supply the texts of collective agreements which it said it had attached to its report but which were not received. The Committee once again requests the Government to send it the texts of collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed (for example, the textile industry) together with, if possible, an indication of the percentage of women employed in the different grades.

4. The Committee reiterates its request concerning the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels of responsibility. It notes the Government's affirmation to the effect that it does not have available the statistical data requested concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down by occupation or sector of employment, seniority or level of qualifications as well as information on the corresponding percentage of women engaged in the various sectors or occupations with the exception of the textile sector in which the Government indicates that 35 per cent of the labour force is women. The Committee also asked the Government to furnish any information regarding any surveys or studies undertaken or envisaged by the Department of Women's Affairs or the ZIDS with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention. It notes that the Government states that no studies or surveys have been conducted or are contemplated and that ZIDS no longer exists. In this regard, the Committee wishes to recall the tenor of its 1990 general observation in which it indicated that one of the difficulties encountered by governments which have ratified the Convention seems to be caused by a lack of knowledge of the situation due to the absence or inadequacy of data and research in the field of equal remuneration. In view of the importance of having statistical data, broken down by sex, to assess the practical application of the principle of equal remuneration enshrined in the Convention, the Committee reminds the Government that ILO technical assistance is available in this field.

5. The Committee notes the statistics supplied by the Government on the number of inspection visits made between 1992 and 1995 and requests the Government to specify, in future, the number of violations concerning equal remuneration and the punishment imposed.

6. The Committee notes the promotional activities related to the Convention undertaken by the Government with the assistance of the ILO and certain non-governmental organizations, particularly in the dissemination of information on human workers' rights. It also notes that the social partners organize training sessions on women workers' rights, including the right to equal remuneration for work of equal value. The Committee notes that there is a foundation, the Zimbabwe/Notad Foundation, under the Ministry of National Affairs which also specializes in women and law and the Committee therefore requests the Government to provide a copy, if possible, of excerpts on the application of the Convention from this body's activity report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that pursuant to section 5(1) of the Labour Relations Act, 1984, discrimination on various grounds, including sex, is proscribed in relation to all private sector employment as concerns the "determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits" (subsection (d)); and, inter alia, in relation to "classification" (subsection (c)). According to section 5(6), discrimination is deemed to have occurred where an act or omission causes or is likely to cause less or more favourable treatment to persons of the other sex (among other grounds). The Committee also notes from the report that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations issued pursuant to Part IX of the Act, are established usually on the basis of job evaluation.

The Committee would observe, however, that the legislation does not require an objective appraisal of jobs. In the absence of any reference to the criteria or basis on which the work undertaken by a woman might be compared with the work undertaken by a man for the purpose of equal pay, the provisions of the legislation do not appear sufficient to enable a woman to pursue a claim for equal remuneration for work of equal value.

Accordingly, the Committee requests the Government to consider taking measures to ensure that the principle of the Convention is given legislative expression. The Committee hopes that the Government will also consider proscribing direct and indirect discrimination in regard to the criteria used in job evaluation systems.

2. The Committee requests the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. In this connection, the Committee refers to a publication entitled "The Working Conditions of Female Workers in the Food Processing Industry in Zimbabwe" (Zimbabwe Institute of Development Studies, October 1986) which indicates that casual workers, as opposed to permanent workers, employed under the Food-processing Industry Employment Regulations (Statutory Instrument 716 of 1982) are not protected by provisions regarding minimum wages or other conditions of work.

3. The Committee has noted the provisions of the plant-level collective bargaining agreement for the National Glass (Private) Ltd. Unfortunately, other documents said to be attached with the Government's report were not received. The Committee therefore requests the Government to provide, with its next report, the texts of some collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed, together with an indication of the percentage of women employed in the different grades set down in those regulations.

4. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or level of qualifications as well as information on the corresponding percentage of women; and (iii) information regarding any surveys or studies undertaken or envisaged (by, for example, the Department of Women's Affairs or the Zimbabwe Institute of Development Studies) with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

5. The Committee requests the Government to provide information on the number of inspection visits made, and the nature and number of violations concerning remuneration reported to, or observed by, the labour relations officers and labour inspectors.

6. Noting from the report that promotional activities related to the Convention are undertaken by the Government, employers' and workers' organizations, the Committee would be grateful if the Government would provide more particulars concerning the nature of these measures.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided by the Government in its first report.

1. The Committee notes that pursuant to section 5(1) of the Labour Relations Act, 1984, discrimination on various grounds, including sex, is proscribed in relation to all private sector employment as concerns the "determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits" (subsection (d)); and, inter alia, in relation to "classification" (subsection (c)). According to section 5(6), discrimination is deemed to have occurred where an act or omission causes or is likely to cause less or more favourable treatment to persons of the other sex (among other grounds). The Committee also notes from the report that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations issued pursuant to Part IX of the Act, are established usually on the basis of job evaluation.

The Committee would observe, however, that the legislation does not require an objective appraisal of jobs. In the absence of any reference to the criteria or basis on which the work undertaken by a woman might be compared with the work undertaken by a man for the purpose of equal pay, the provisions of the legislation do not appear sufficient to enable a woman to pursue a claim for equal remuneration for work of equal value.

Accordingly, the Committee requests the Government to consider taking measures to ensure that the principle of the Convention is given legislative expression. The Committee hopes that the Government will also consider proscribing direct and indirect discrimination in regard to the criteria used in job evaluation systems.

2. The Committee requests the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. In this connection, the Committee refers to a publication entitled "The Working Conditions of Female Workers in the Food Processing Industry in Zimbabwe" (Zimbabwe Institute of Development Studies, October 1986) which indicates that casual workers, as opposed to permanent workers, employed under the Food-processing Industry Employment Regulations (Statutory Instrument 716 of 1982) are not protected by provisions regarding minimum wages or other conditions of work.

3. The Committee has noted the provisions of the plant-level collective bargaining agreement for the National Glass (Private) Ltd. Unfortunately, other documents said to be attached with the Government's report were not received. The Committee therefore requests the Government to provide, with its next report, the texts of some collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed, together with an indication of the percentage of women employed in the different grades set down in those regulations.

4. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged (by, for example, the Department of Women's Affairs or the Zimbabwe Institute of Development Studies) with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

5. The Committee requests the Government to provide information on the number of inspection visits made, and the nature and number of violations concerning remuneration reported to, or observed by, the labour relations officers and labour inspectors.

6. Noting from the report that promotional activities related to the Convention are undertaken by the Government, employers' and workers' organisations, the Committee would be grateful if the Government would provide more particulars concerning the nature of these measures.