Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Maldives (Ratification: 2013)

Autre commentaire sur C100

Demande directe

2020

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The Committee notes the Government’s first report and asks it to provide further information on the following points.

Article 1(a) of the Convention. Definition of “remuneration”. In its report, the Government refers to section 4(a) of the Employment Act and section 20 of the Gender Equality Act in relation to the principle of equal remuneration for work of equal value. The Committee notes that the Employment Act refers to the determination of “remuneration” and provides a definition for the term “wage” as “cash or anything of value which is paid from employer to employee as a means of salary, additional benefits, allowances related to employment which shall be given as a financial gain” (Articles 4(a) and 97). The Committee wishes to draw the attention of the Government to the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully. The Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, not only payments in cash and in kind but also payments made directly and indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary to capture all the additional components beyond the wage, which are often considerable and increasingly make up more of the overall earnings package (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). The Committee also notes that the Gender Equality Act refers to “equal wages, overtime compensation, benefits and allowances” (Article 20(c)). The Committee therefore asks the Government to provide information on the meaning of the term “remuneration” used in Article 4(a) of the Employment Act dealing with “equal work” specifying the elements covered, and to provide examples of what is covered under “benefits and allowances” in Article 20(c) of the Gender Equality Act. The Committee also requests the Government to provide copies of any decisions by courts or tribunals, interpreting these provisions.

Article 2(2)(a). Equal remuneration for work of equal value. Legal framework. The Committee notes that the Government refers to: (1) the Constitution that recognizes that everyone is entitled to equal remuneration for work of equal value (Article 37); (2) the Employment Act that prohibits discrimination amongst persons carrying out equal work in the determination of remuneration (Article 4(a)); and (3) the Gender Equality Act, under which employers shall provide equal wages to men and women who perform the same responsibilities at the same place of employment (Section 20(b)) and men and women at the same place of employment with work adequately equal in value and weight shall be given equal wages, overtime compensation, benefits and allowance (Section 20(c)). The Committee notes that the Constitution refers to “work of equal value”, while the Employment Act provides for a more restrictive approach, as it refers to “persons carrying out equal work”, and the Gender Equality Act refers to “the same responsibilities” and “work adequately equal in value and weight”. The Committee recalls that “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see General Survey of 2012, paragraph 673). The Committee also notes that the Gender Equality Act refers to equal remuneration between men and women “at the same place of employment”. In this regard, the Committee would like to bring to the attention of the Government that the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraph 697). The Committee asks the Government to consider amending the Employment Act to ensure that equal remuneration is provided for men and women for work of equal value and the Gender Equality Act with a view to extending equal remuneration for work of equal value beyond the same place of employment. The Committee also requests clarification on the implementation of Sections 20(b) and 20(c) of the Gender Equality Act, in particular on the significance of the term “work adequately equal in value and weight”.

Article 2. Scope. Excluded categories of workers. The Committee notes that the Constitution and the Gender Equality Act have a broad scope of application while the Employment Act excludes from its application the police, the armed forces and those areas and persons exempted by any other statute (Article 2(a)). The Committee wishes to point out that there are no exclusions permitted under Convention No. 100 as it applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy. Recalling the obligation to ensure and promote the application of the principle of the Convention to all workers, the Committee asks the Government to indicate the manner in which it is ensured that the principle of the Convention is applied to those categories of workers that are excluded from the coverage of the Employment Act.

Articles 2 and 3. Public sector. Wage structure. Objective job evaluation. The Committee notes that the Government indicates: (1) that the National Pay Commission was established on 2016 with the mission to review, determine and harmonize the wage structure of the public sector, where wages are set by a number of institutions; and, (2) that, in practice, the Civil Service Commission sets the wage scales for a large part of the public service, and that wages are fixed for job positions based on defined job descriptions or responsibilities. The Committee also notes that, according to the National Pay Policy Act, the National Pay Commission may establish differences in salaries in the public sector based on the type of work and profession, and work-related risk proportionate to the demand, profession, skill and type of work (Sections 17 and 19). The Committee requests the Government to provide information on any objective job evaluation methods and criteria used to review and establish wage scales. It also requests the Government to take measures with a view to ensuring that, during this process, the principle of equal remuneration for men and women for work of equal value is duly taken into account.

Private sector. Minimum wage. The Committee takes note of the Government’s indications that a Salary and Wage Advisory Board, on which there are representatives from employers’ and workers organizations, was established in May 2019. The Committee also notes that during 2019 the ILO provided technical assistance to the Government with the view to the establishment of a minimum wage in the country and that, on 22 September 2020, the President of the Maldives ratified the sixth amendment to the Employment Act, which directs the relevant Cabinet Minister to determine and implement a minimum wage for all employees in the Maldives. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap, and that, when establishing minimum wages at the sectoral level, special attention is needed to ensure that the rates fixed are free from gender bias, as there is a tendency to set lower wages for sectors predominantly employing women (see General Survey of 2012, paragraph 683). The Committee asks the Government to provide information on the progress made in the minimum wage determination process, on the methods and criteria used, and on how the principle of the Convention is taken into account.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s indication that representatives from workers’ and employers’ organizations participate in the Salary and Wage Advisory Board. Furthermore, the National Pay Policy Act provides that the National Pay Commission disseminates information through forums to different actors, including workers and employers (Section 16(o)), and that it shall conduct public forums and open interview sessions with stakeholders, including employers and employees from diverse fields (Section 18). The Committee asks the Government to provide information on any form of cooperation or awareness-raising activities with the social partners with a view to promoting specifically equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that there are no decisions made by courts regarding equal remuneration for work of equal value. In view of the above, the Committee wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey of 2012, paragraph 870). In this regard, the Committee notes that: (1) in its 6th Report submitted to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government stressed that the Labour Relations Authority lacks employees and budget for inspection, and that it conducts social media awareness about the channels to submit a complaint (CEDAW/C/MDV/RQ/6, para. 169); and (2) pursuant to the National Pay Policy Act, the National Pay Commission also disseminates information to several actors, including the judiciary (Section 16). The Committee requests the Government to provide information on any specific training programmes developed to enhance the capacity of labour inspection and other enforcement authorities to handle pay discrimination cases. The Committee asks the Government to continue to provide information on the number, nature and outcomes of cases of pay discrimination dealt with by the labour inspectorate and the courts.