Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes the Government’s report. It also notes the communication dated 29 October 2003 received from the International Confederation of Free Trade Unions (ICFTU), which has been sent to the Government. The Committee will examine the ICFTU’s comments as well as the Government’s observations thereon at its next session.

1. Referring to its previous request concerning the status of section 2(3) of Equal Rights Act No. 19 of 1990, the Committee notes that the Act has not yet been amended and it hopes to see progress soon on the action taken to that end.

2. The Committee notes the Government’s statement that the minimum wage orders and government employees’ salary scales all provide for equal remuneration, and asks the Government to provide copies of relevant minimum wage orders. With reference to its 1998 general observation, the Committee once again asks the Government to provide, in its next report, any available statistical data, including government employees’ salary scales, relating to equal remuneration for women and men for work of equal value.

3. With regard to the measures taken or envisaged to promote and supervise the application of the Prevention of Discrimination Act No. 26 of 1997, the Committee notes that the Government has omitted to provide such information in its report. It therefore has to reiterate its request to provide such information, as it relates to equal remuneration for men and women for work of equal value, including the activities undertaken by the labour inspectorate and the methods used in such inspections. Please also supply information, including court decisions, on the application and practice of the equal pay provisions of both Act No. 26 of 1997 and Act No. 19 of 1990.

4. Noting the Government’s statement that its ensures that all collective labour agreements signed by the employers’ and workers’ organizations comply with the principle of the Convention and the relevant national laws on equality, the Committee would be grateful if the Government would supply copies of any collective labour agreements that contain provisions ensuring or promoting the application of the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide any other information indicating the specific role played by the social partners in promoting the understanding and application of the Convention and the relevant laws on equality.