Solicitud directa (CEACR) - Adopción: 2018, Publicación: 108ª reunión CIT (2019)

Repetition

Article 2 of the Convention. Measures to promote the principle of the Convention. The Committee notes the Government’s indication that as of August 2014, more than 3,000 employers signed the Employer’s Pledge of Fair Employment Practices; the pledge being a public commitment from the employers to create fair and inclusive workplaces. It also notes that the Tripartite Alliance for Fair Employment Practices (TAFEP) continues to provide awareness-raising services to the public, as well as advisory and training services to employers via workshops, so that the latter may implement fair recruitment and performance management processes. It notes examples of the above provided by the Government, such as the Low-Income Household Traineeship pilot programme, training subsidies, and the WorkPro programme as well as other programmes referred by the Government in its previous report such as the Back2Work with U, Step Out for Change, and Flexi-Works!. In this regard, the Committee notes the statistical data of June 2013 provided by the Government, which indicates that the gender wage gap has narrowed since 2010 for occupations consisting mostly of women, such as clerical support workers (2.22 per cent, from 3.53 per cent), associate professionals and technicians (5.46 per cent, from 10.35 per cent), and cleaners (15 per cent, from 28.07 per cent), with the exception of service and sales workers (15.73 per cent, up from 8.11 per cent). It also notes a narrowing of the gender wage gap for occupations that do not predominately employ women, such as professionals (5.42 per cent, from 7.56 per cent) and managers (15.64 per cent, from 17.67 per cent), but also notes that the gap remains wide for plants and machine operators and assemblers (38.25 per cent, from 39.58 per cent), and craftsmen and related trade workers (36.69 per cent, from 35.57 per cent). It also notes that in 2013 the median gross monthly income of full-time employed women was 86.5 per cent of that of men (compared to 91.9 per cent in 2009). In this regard, the Committee recalls its comment in 2007 in response to the lack of legislation requiring equal remuneration for men and women for work of equal value, which emphasized that measures taken by the Government must be effective in achieving the Convention’s objective. The Committee also recalls that in order to be able to determine if measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee invites the Government to provide information on measures taken to specifically address the underlying causes of the gender pay gap, such as gender-based discrimination, gender stereotypes relating to the aspirations, preferences and abilities of women, or vertical and horizontal occupational segregation. It also requests the Government to continue providing detailed statistics on the gender wage gap in the private and public sectors, as well as information on initiatives to assist women to enter, remain in or re-enter the workforce, including in higher paid occupations, as well as on measures to raise awareness of the principle of equal remuneration for men and women for work of equal value implemented among employers, workers and their organizations.

Collective agreements. The Committee notes that the Government’s report does not present up-to-date figures regarding the percentage of collective agreements that included a clause on equal remuneration for work of equal value. It notes that beyond a simple reference to some samples of equal remuneration clauses on the Government’s website, no information has been provided on the manner in which such clauses are effectively applied in practice during the wage-setting process at the enterprise level. The Committee also notes the Government’s indication that the National Trade Unions Congress (NTUC) is working towards having such clauses incorporated into more collective agreements, and that no disputes were referred to the Industrial Arbitration Court (IAC) regarding the application of equal remuneration clauses in collective agreements. The Committee requests the Government to continue to provide statistical information on the inclusion of equal remuneration clauses in collective agreements. It requests the Government to provide specific examples of how such clauses are applied in practice when wages are set at the enterprise level. The Committee invites the Government to provide information on measures taken by the NTUC to incorporate equal remuneration clauses into collective agreements, as well as other measures taken to raise the awareness among workers, in particular women workers, of the existence of equal remuneration clauses in existing collective agreements. Finally, the Committee requests the Government to indicate whether any disputes regarding the application of such equal remuneration clauses have arisen, and how they have been addressed.

Article 3. Objective job evaluation assessing the gender wage gap between occupations. The Committee notes the Government’s previous indication that the wide gender gap is due to the fact that women are frequently employed in jobs which are typically paid less than male dominated jobs, and that this gap is attributable to a tendency, in the past, for women to leave the workforce to take up family and household responsibilities. The Committee further notes the Government’s indication that job evaluation exercises are being conducted at the enterprise level in both private and public sectors, which is encouraged by TAFEP programmes that urges employers to comply with the Tripartite Guidelines for Fair Employment Practice. In this regard, the Committee recalls that historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and “suitability” for certain jobs have contributed to occupational sex segregation within the labour market, with women concentrated in certain jobs and certain sectors of activity (see General Survey on the fundamental Conventions, 2012, paragraph 697). Where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (see General Survey on the fundamental Conventions, 2012, paragraph 698). In this regard, the Committee emphasizes that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, but also between sectors, and that Article 3 of the Convention presupposes the use of appropriate objective job evaluation techniques (see General Survey on the fundamental Conventions, 2012, paragraphs 695 and 697). In light of the above considerations, the Committee invites the Government to provide more information regarding measures taken to develop and implement objective job evaluations between male and female-dominated occupational sectors, as well as any results from such measures.

Enforcement. The Committee notes the Government’s previous indication that workers can approach the TAFEP for incidences of alleged discrimination, which include remuneration claims. It notes the Government’s indication that the TAFEP’s Grievance Handling Handbook has been disseminated to employers, and that 519 employers have participated in the Fair Employment Grievance Handling Workshop, which helped the latter develop grievance handling mechanisms. The Committee notes, however, the Government’s indication that the TAFEP has so far not received any complaints related to equal remuneration for men and women for work of equal value. In this regard, the Committee recalls that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, a lack of awareness of rights, a lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee therefore requests the Government to provide more information on measures taken to ensure that workers who believe their right to equal remuneration for work of equal value has been violated may effectively seek redress. Such measures may include studies that assess the degree of worker confidence in the procedures promoted by the TAFEP, how practically accessible such procedures are to workers, and efforts to raise workers’ and their representatives’ awareness regarding existing grievance mechanisms under the Tripartite Guidelines on Fair Employment Practices. The Committee also requests the Government to provide specific information on the nature, number and outcome of complaints submitted by workers to the TAFEP regarding equal remuneration.