Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

Other comments on C100

Observation

Direct Request

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Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. In follow up to its previous comments in this regard, the Committee takes note of the Government’s indication that: (1) there are no court decisions on the application in practice of section 63(2)(a) and (b) of the Equal Opportunities Act, providing that collective agreements contrary to the Act are void; and (2) there are no collective agreements containing express clauses regarding equal pay for work of equal value. Recalling again that collective agreements can be a useful tool to address the gender pay gap, the Committee asks the Government to take specific measures to raise awareness on the principle of equal remuneration for men and women for work of equal value among workers, employers and their representatives, and to inform them of the benefit of including specific clauses on equal remuneration for men and women for work of equal value in collective agreements. The Committee asks the Government to continue to provide information in this regard.

Minimum wages. Domestic workers. The Committee asked the Government to provide information on any steps towards the inclusion of domestic workers in the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001. The Government reports that it has not been possible to further consider the situation of domestic workers, due to the context of the COVID-19 pandemic and Gibraltar’s departure from the European Union. The Committee also notes that the Government does not provide statistical data on the number of men and women employed as domestic workers. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied and the exclusion of female-dominated groups from the application of minimum wages, and particularly those that are the most vulnerable to wage discrimination, such as domestic workers, could constitute indirect discrimination against women (see General Survey on the fundamental Conventions, 2012, paragraphs 682 and 684). The Committee therefore asks once again the Government to take steps so that domestic workers are included within the scope of the Conditions of Employment (Standard Minimum Wage) Order, 2001, and provide information on the results of such measures on the reduction of the gender pay gap. It also requests the Government to provide statistical data on the number of men and women employed as domestic workers, and their respective earnings.

Articles 2 and 4. Promotion and enforcement of the principle of equal remuneration for men and women for work of equal value. Collaboration with workers’ and employers’ organizations. Further to its request, the Committee takes note of the Government’s indication that the Citizens Advice Bureau: (1) collaborates with workers’ and employers’ organizations; (2) engages continuously with the Human Resources Forum which includes human resources managers from both the public and private sectors; and (3) participated in an international conference about equality organized with Citizens Advice International in Gibraltar and delivered presentations at Comprehensive school level, for the Royal Gibraltar Police, for Gibraltar Health Authorities employees, as well as for other governmental agencies and non-governmental entities. The Committee notes however that the Government does not provide specific details on its collaboration with workers’ and employers’ organizations, nor on the measures taken to train labour inspectors and judges to address issues related to the application of the Convention. On this point, the Committee also notes that the Government reports once again that it could not identify any administrative or judicial decisions on the application of the principle of equal remuneration for work of equal value. Lastly, the Committee takes note of the Government’s indication that no comments were received from the public following the consultation paper on the establishment of an Equal Opportunities Commission that has not yet occurred. This matter is still under review and the responsibility for the promotion of equal treatment remains with the Citizens Advice Bureau. The Committee asks the Government to provide information on the activities of the Citizens Advice Bureau regarding specifically the promotion and application of the principle of equal remuneration for men and women for work of equal value, in particular detailed information on the nature and extent of its collaboration with workers’ and employers’ organizations on this matter. The Committee also asks the Government to take measures and to provide specific information on the actions taken to enhance the capacity of labour inspectors, judges and other public officials to identify and address issues regarding equal remuneration from men and women for work of equal value. Lastly, it asks the Government to provide information on any development regarding the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act.