Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

With reference to its previous direct request, the Committee takes note of the Government's report and its attachments.

1. The Committee notes that the Government has introduced an Employment Equality Bill aimed at expanding proscribed discrimination to cover, inter alia, gender. The Committee notes that section 2(1) of the Bill defines "remuneration" as not including pension rights, but, subject to that, it includes any consideration, whether in cash or in kind, which the employee receives, directly or indirectly, from the employer in respect of the employment. The Committee draws the Government's attention to the definition of "remuneration" in Article 1(a) of the Convention and to paragraph 17 of its 1986 General Survey on equal remuneration where it explained that, while allowances made under a public system of social security were not to be considered as part of remuneration, those social security schemes financed by the employer or industry concerned were meant to be covered by the Convention. The Committee asks the Government to inform it whether the definition of remuneration contained in the Bill is intended to exclude from the equality provisions only public social security schemes, or all pension rights.

2. The Committee notes with interest that the Bill retains as the point of comparison, the value of the work done, and uses a broader concept of comparator employee than exists in the current legislation, namely a comparison will be permitted between the work of the claimant (who allegedly has less pay) and another employee (who allegedly has more pay) of the same or an associated employer, and no longer will the comparator have to be employed in the same place as the claimant. The Committee also notes the enforcement provisions: under sections 41 to 48 of the Bill, all cases alleging discrimination other than those involving dismissal, may be referred in the first instance to the Director of Equality Investigations, who is to investigate each case (except those resolved at mediation) and issue a decision; this decision is binding and enforceable through the Circuit Court, and may be appealed to the Labour Court. The Director may order, in equal pay cases, equal pay and maximum arrears up to equal pay for the preceding three years; he or she may also order any person to take specific action to avoid future discrimination. The Bill offers an alternative to these redress procedures for persons alleging that they have suffered discrimination, by applying to the Circuit Court for redress; there is a right of appeal to the High Court. The Bill also gives the Director powers, on application, to identify provisions of collective agreements which are discriminatory and therefore null and void. The Committee requests the Government to inform it of the passage of this Bill, and to send a copy of the final text once adopted.

3. The Committee notes with interest the results of the study of male-female wage differentials, published in February 1994, which identify a number of factors having an impact in wage gaps (educational qualifications; length of past labour market experience; different wage rates for full-time and part-time jobs; occupational segregation; overtime work and shift premia; trade union membership). According to the study, for industrial workers, women's average hourly earnings are 67.6 per cent of those of their male colleagues; for clerical workers, the ration is 64.8 per cent; for professional, technical and others, it is 83.2 per cent; and for all occupations it is 80.1 per cent. Noting that the study looked at policy options to overcome the above-mentioned factors and recommended, inter alia, a comprehensive review of the objectives of state policy in the area of child care and child income support, the Committee requests the Government, in its next report, to indicate what measures it has taken to follow up on the study.