Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

1. Article 3, paragraphs 1 and 2, of the Convention. The Committee notes that the Government replies to the inquiry concerning the setting of wages rates - in particular those which are higher than the minimum rate established by proclamation under section 5(1) of the Labour Standards Act - by referring to the job evaluation exercise currently undertaken by the Personnel Services of the Establishment Division in the Office of the Prime Minister. In particular, the Committee notes the Government's statement that this exercise will take into consideration the notion of equal pay for work of equal value. It welcomes the Government's indication that technical assistance in this exercise would be appreciated.

Aware that the Office is already providing technical assistance in the field of general legislative reform, the Committee observes that the Office is contacting the Government with a view to providing advice on this aspect of the Convention. It trusts that the Government will keep it informed of developments in this technical assistance aimed at giving effect to Article 3 of the Convention.

2. Article 1(a). The Committee notes that the Government does not reply to its query regarding the scope of the term "wages" used in section 24 of the Labour Standards Act, 1977. Referring to paragraphs 14 and 15 of its 1986 General Survey on Equal Remuneration, it therefore again requests the Government for this information.

3. Article 2, paragraph 1. The Committee notes that the Government's response regarding the discrepancy between the provisions of section 24 of the 1977 Act (prohibiting differences in wages between male and female workers employed in the same business who are performing, under the same working conditions, the same or similar work or jobs requiring similar skill, effort and responsibility) and the principle of work "of equal value" set out in the Convention is limited to supplying a copy of a government memorandum dated July 1992. This memorandum ensures that one rate for hourly pay is to be applied equally to men and women cleaners and other workers in the unskilled category. This eliminated a previous differential based solely on the sex of the workers. While welcoming this measure, the Committee would refer the Government to paragraphs 20 to 23 and 52 to 70 of the above-mentioned General Survey, where it is explained that the principle of the Convention goes beyond a reference to the "same" or "similar work" in choosing the value of the work as the comparison point. The Committee thus asks the Government to indicate in its next report how the Convention is applied when men and women carry out jobs in different businesses or of a different nature, but of the same value. Please also indicate how this principle is applied to other categories of workers.

4. Article 3, paragraph 3. In the absence of a reply, the Committee repeats its request to the Government to supply information on the intent and practical application of section 25 of the 1977 Act, according to which payment to male and female employees of different wages does not constitute a violation of section 24 of that Act if the difference is based on any other factor or factors than sex that justify such a difference.

5. Points III, IV and V of the report form. Following on its previous requests for information on the application in practice of the principle of equal remuneration for work of equal value, the Committee again asks the Government to provide information on any relevant decisions of the Industrial Relations Tribunal and on the work of the Labour Division. For instance, have there been any meetings and seminars to promote the principle? Please supply copies of any collective agreements concluded in sectors that employ a large proportion of women workers.