Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Definition of remuneration. The Committee noted previously that the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value, did not define the term “remuneration”. The Government in response, points to the provision of the Act which provides that “equal remuneration” means rates of remuneration that have been established without differentiation based on the grounds of gender” (section 6(2)). While acknowledging the importance of this provision in applying the principle of the Convention, the Committee notes that it does not define “remuneration”, which pursuant to Article 1(a) of the Convention, is very broad, including “the ordinary, basic or minimum wage or salary, and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in Article 1(a) of the Convention, and to provide any administrative or court decisions in this respect.

2. Different wage rates for women and men. The Committee has been commenting for a number of years on the existence of legislation establishing different wage rates for men and women, which is clearly a violation of the Convention, and asking that all laws and regulations containing different wage rates for men and women be repealed. Regretting that the Government provides no information on this point, the Committee urges the Government to ensure that all laws and regulations containing differential wages for men and women are repealed. Recalling the Government’s previous indication that older legislation stipulating different wage rates for men and women would be revoked with the adoption of the new Labour Code, the Committee urges the Government to confirm its intention to adopt the new Code without delay. Please keep the Committee informed of progress in this regard, and forward a copy of the Code upon its adoption.

3. Contracts of Service Act and Factories Regulations. In its previous comments, the Committee noted that there were different ages for men and women with respect to entitlement to severance pay pursuant to the Contracts of Service Act. It also raised concerns regarding the provisions of the Factories Regulations, which single out women and young boys for exclusion from certain jobs. The Government indicates that pursuant to the draft Labour Code, there would no longer be different ages for men and women with respect to entitlement to severance pay, but that the Factories Regulations remain in force. The Committee hopes that the Contracts of Service Act will be brought into conformity with the Convention soon, and asks the Government to consider amending the Factories Regulations Act, and to keep the Committee informed of steps taken in this regard.

The Committee is raising other matters in a request addressed directly to the Government.