Equal Remuneration Convention, 1951 (No. 100) - Lesotho (RATIFICATION: 1998)

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Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes, from the 2023 Global Gender Gap Report from the World Economic Forum, that, the labour force participation of women remains low being estimated at 48.9 per cent, compared to 67.1 per cent for men. It observes that Lesotho was ranked 119th out of 146 countries assessed in terms of equal pay for men and women for similar work with the estimated income of women being 31.2 per cent lower than that of men. The Committee further notes that, according to the data available from the Bureau of Statistics (BoS), in 2021, women were concentrated in lower paid sectors. As regards occupational categories, in 2021, while 1.6 per cent of women were employed as managers, who received the highest mean monthly earnings (compared to 2.8 per cent in 2011), 52.3 per cent of women were in elementary occupations, which are characterized by the lowest mean monthly earnings (compared to 29.3 per cent in 2011). In that regard, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the persistent vertical and horizontal gender segregation in the labour market. The Committee notes the Government’s statement, in its report, that technical cooperation is needed to promote the principle of equal remuneration for men and women for the work of equal value, including through training for workers, employers and their respective organizations. In light of the substantial and persistent pay differences between men and women, the Committee asks the Government to provide information on: (i) any measures taken or envisaged to identify and address the underlying causes of such pay differences; (ii) the earnings of men and women, disaggregated by sector of the economy and occupational categories, where possible, as well as any information available on the gender pay gap; and (iii) any proactive measures taken to raise awareness of the principle of the Convention among workers, employers and their respective organizations, as well as among law enforcement officials. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that low paid sectors are covered by the Minimum Wages Orders, adopted by the Minister of Labour and Employment, upon recommendations or proposals formulated by the tripartite Wages Advisory Board (sections 50 and 51 of the Labour Code). The Committee welcomes the increase of the general monthly minimum wage, from 1 May 2022, up to LSL1,1881.00 for workers with less than one year of service, and to LSL2,053.00 for those with more than one year of service. It notes that minimum wages for other sectors were also increased but observes persistent significant differences in minimum wages between sectors where women are traditionally more represented such as manufacturing, wholesale and retail trade, and hospitality (ranging from LSL2,307.00 to LSL2,748.00), and sectors characterized by a higher representation of men, such as construction and transport (ranging from LSL2,565.00 to LSL6,338.00). The Committee observes that for domestic workers, who are mainly women, the minimum wage set is lower than the general minimum wage (ranging from LSL725.00 to LSL800.00). It further notes that, in the recommendations made in February 2023 for minimum wages for 2023-24 by the Wages Advisory Board to the Minister (Labour Code Wages Notice, 2023), similar significant differences as regards the level of the minimum wages in the different sectors persist. The Government states that no data disaggregated by sex is available regarding workers who are receiving minimum wages. In that regard, the Committee wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee asks the Government to provide information on: (i) the method and criteria used, when determining minimum wages to ensure that the remuneration rates are fixed free from gender bias, and in particular that the work in sectors with a high proportion of women is not being undervalued; and (ii) any developments with respect to the coverage and rates of minimum wages.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee recalls that, pursuant to section 47 of the Labour Code, wages and conditions of employment may be fixed, among others, by collective agreements. TheCommittee asks the Government to provide information on: (i) any steps taken to raise the awareness of the workers’ and employers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, for example through the promotion and implementation of the principle of equal remuneration for men and women for work of equal value set out in section 5(3) of the Labour Code and objective job evaluation; and (ii) any provisions of collective agreements reflecting this principle.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that the last job evaluation exercise in the public service was carried out in 2013, during which the Department of Remuneration and Benefits within the Ministry of Public Service also compared the grades and duties of similar positions in the private sector and neighbouring countries. This resulted in a salary review for all public servants. The Committee notes with regret that, once again, the Government did not provide information on the manner in which the principle of the Convention was taken into consideration in the 2013 salary review. It recalls that: (1) the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias; and (2) measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee therefore asks the Government to provide information on: (i) any new job evaluation exercise undertaken in the public sector, indicating the method and criteria used to ensure it is exempt from any gender bias and may not lead, in practice, to an under-evaluation of jobs mainly occupied by women; and (ii) any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation, both in the public and private sectors, based on objective criteria, such as qualifications and skills, effort, responsibilities and conditions of work.

Enforcement. The Committee asks the Government to provide information on any cases or complaints concerning inequality of remuneration between men and women dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted.

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Articles 1, 2 and 4 of the Convention. Promotion of equal remuneration for men and women for work of equal value. Cooperation with the social partners.  Noting that the Government’ report does not respond to its previous request on this issue, the Committee again asks the Government to take action to specifically promote the principle of equal remuneration for men and women for work of equal value and raise awareness of the means of implementing this principle, such as the promotion of objective job evaluation methods in the private sector, and organize training for workers, employers and their respective organizations. It further reiterates its request to the Government to provide information on any measures taken to promote the inclusion of the principle of the Convention in collective agreements.

Article 3. Objective job evaluation. Public service.  The Committee previously noted that the Job Evaluation Report concentrated mainly on grading structure and evaluation results for different job families (134 jobs selected from 1,400 jobs across ministries and agencies) and was implemented through a salary review in 2013 and the upgrading of some positions. It recalls that an Assessment and Development Centre (CAD) has been established in the Ministry of Public Service to ensure that the recruitment process in the public service is based on merit and the candidate’s competency. The Committee notes that the Government merely provides a general statement in its report that men and women have equal opportunities in law and practice, and that there are no specific positions for men and women. The Government also refers to a decision of the Public Accounts Committee (PAC) in which it decided to raise the salary of a female officer who was paid less than her male counterparts in the Ministry of Mining. The Committee once again asks the Government to provide detailed and specific information on the manner in which the principle of the Convention was taken into consideration in the 2013 salary review. More specifically, it requests the Government to provide information on the impact of the implementation of the job evaluation process in the public service, including the salary review, on jobs mainly held by women and on any gender pay gap. The Committee also asks the Government to indicate if and how the principle of the Convention is taken into account by the CAD, and if there are any studies on differences in the earnings of men and women in the public service.

Statistical information.  The Committee notes from the Government’s 2019 report on the implementation of the Beijing Declaration that efforts are made to develop gender-specific data collection tools (Beijing+25 report, page 69). The Committee also notes the Government’s request for technical assistance. The Committee welcomes the Government’s initiative in this regard and asks the Government to provide any information compiled on the distribution of men and women in the various sectors of the economy in the private sector and their respective earnings levels, in particular in low-paid sectors.

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Articles 1, 2 and 4 of the Convention. Promotion of equal remuneration for men and women for work of equal value. Cooperation with social partners. The Committee notes the Government’s indication that the Ministry of Labour and Employment (MLE) created a website in 2014 that aims at disseminating information on workers’ rights and raising awareness on all ratified ILO Conventions, in particular the core Conventions. It further indicates that the Ministry has set up a specialized unit among whose responsibilities is to coordinate with other Government ministries on matters relating to ILO Conventions. The Committee asks the Government to take action to specifically promote the principle of equal remuneration for men and women for work of equal value and raise awareness on the means to implement such principle, such as the promotion of objective job evaluation methods in the private sector, and organize training thereon among workers, employers and their respective organizations. It further asks the Government to provide information on any measures taken to promote the inclusion of the principle of the Convention in the context of collective bargaining.

Article 3. Objective job evaluation. Public service. The Committee welcomes the information provided by the Government on the Job Evaluation Report which concentrates mainly on grading structure and evaluation results for different job families (134 jobs selected from 1,400 jobs across ministries and agencies). The evaluation report has been implemented through a salary review in 2013 and the upgrading of some positions. The Committee notes that the job evaluation system is complemented by a merit-based recruitment process that includes a psychometric and competency assessment of the candidate and that an Assessment and Development Centre (CAD) within the Ministry of Public Service is established to assist in this regard. The Committee notes from the statistical data provided by the Government on government employees disaggregated by gender and salary grade, as at 30 July 2016, that there is a total of 19,747 men employees and 22,864 women employees (representing 53.7 per cent) in the public service. Noting the Government’s statement that the principle of equal remuneration for men and women for work of equal value was used, the Committee asks the Government to provide specific information on the manner in which it was taken into consideration and, more specifically, on the impact of the implementation of the job evaluation process, including the salary review, on the jobs mainly held by women and on any gender pay gap in the public service. The Committee also requests the Government to indicate if and how the principle of the Convention is taken into account by the CAD, and if there are any studies showing the relative position of men and women in the public service, including the differences in their earnings.

Statistical information. While noting the above information on the public service, the Committee requests the Government to provide any compiled information regarding the private sector on the distribution of men and women in the various sectors of the economy and their respective levels of earnings, in particular in low-paid sectors.

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Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that no measures have been taken as of yet to raise awareness of the principle of the Convention due to limited capacity within the Ministry of Labour. The Government states that it will seek ILO technical assistance in this regard. The Government also indicates that there have been no court cases regarding the application of section 5(2) of the Labour Code or section 33(a)(i) of the Constitution. Recalling that the absence of complaints relating to the principle of the Convention may result from the lack of knowledge of the rights derived from the Convention among workers and law enforcers, the Committee once again requests the Government to take measures to raise awareness of the principle of equal remuneration for men and women for work of equal value, and encourages the Government to take steps to secure ILO technical assistance in this regard.

Article 3. Public service. With regard to the job evaluation report for the public service, the Committee notes the Government’s statement that it is unable to provide a copy of the report due to the report’s confidentiality. The Government asks that the Committee indicate the specific information which it wishes to receive from the report in order for the Government to consider the request. The Committee asks the Government to provide specific information on any recommendations made in the context of the job evaluation report, and any follow-up thereto. Please also provide information on the methodology used in the job evaluation process.

Articles 3 and 4. Cooperation with the social partners. The Committee recalls that the National Advisory Committee on Labour has not yet addressed the principle of equal remuneration for men and women for work of equal value or the need to promote the use of objective job evaluation methods. In this regard, the Committee notes the Government’s statement that the National Advisory Committee on Labour will be included in the training to be requested from the ILO. The Committee requests the Government to continue providing information on progress made, in cooperation with the social partners, with regard to the promotion of the principle of the Convention, including measures taken to promote the use of objective job evaluation methods and to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in the context of collective bargaining.

Part V of the report form. Statistical information. The Committee notes the results of the Ministry of Labour and Employment 2008 survey included in the Government’s report. According to the statistics provided, there were 1,461,763 persons in the overall labour force aged 10 and above, of which 694,421 were men and 767,342 were women. The Government indicates that the overall unemployment rate at the time of the study was 25.3 per cent, while the male unemployment rate was 12.4 per cent and the female unemployment rate was 12.9 per cent. The Government also includes information on the unemployed population of those between the ages of 15 and 64 years, which was comprised of 94,322 men and 97,797 women. The Committee notes the information provided on the number of men and women employed at different grades in the public service. The Committee requests the Government to continue to provide information on the number of men and women employed in the different grades of the public service, including information on the level of remuneration received at each grade. Please also provide information on remuneration levels for men and women in the private sector by occupational group and grade.

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Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that one of the responsibilities of the labour inspectorate is particularly to provide training to employers and workers on the principle of equal remuneration for men and women for work of equal value. The Government also indicates that the principle of the Convention should be taken into account during routine inspections but does not give any indication whether any violations of the principle have been reported or detected. The Government indicates that the Labour Court has not heard any cases relating to this matter. The Committee recalls that the absence of complaints relating to the principle of the Convention may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers. The Committee asks the Government to provide detailed information on the measures taken to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their organizations, as well as labour inspectors and judges. Please also continue to provide information on the number, nature and outcome of cases dealt with by the competent authorities regarding the application of section 5(2) of the Labour Code or section 33(a)(i) of the Constitution.

Articles 2 and 3. Public service. The Committee notes the Government’s indication that a job evaluation report for the public service was being prepared which will include statistical information on the number of men and women employed in the public service. The Committee hopes that the objective job evaluation exercise in the public service will be finalized in the near future, and asks the Government to provide detailed information on any progress made in this regard, as well as statistics on the number of men and women in the different posts and grades of the public service, and information on their earnings. Please provide a copy of the report as soon as it becomes available.

Article 4. Cooperation with the social partners. The Committee notes from the Government’s report that the National Advisory Committee on Labour has not yet addressed the principle of equal remuneration for men and women for work of equal value and the need to promote the use of objective job evaluation methods. The Committee also notes the Government’s statement that some employers have taken initiatives to draw up policies on non-discrimination in any sphere of employment, including payment of earnings. The Committee asks the Government to seek actively the cooperation of employers’ and workers’ organizations, in particular with regard to measures to promote the use of objective job evaluation methods and to promote the inclusion of the principle of equal remuneration for men and women for work of equal value in the context of collective bargaining. Please provide information on any progress made in this regard, and on the outcome of the discussions held in the National Advisory Committee on Labour.

Statistical information. The Committee notes that the National Employment Services Department of the Ministry of Labour and Employment is responsible for the collection of labour market data, including information on earnings and job evaluations. The Committee also notes that the employment and earnings survey was completed in 2008. The Committee asks the Government to provide updated information on the earnings of men and women in the private sector, disaggregated by sex, in the various sectors and occupational groups, as well as a copy of the survey.

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Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that it is not aware of any cases or disputes concerning equal remuneration for men and women for work of equal value that have been dealt with by the Labour Court or the labour officers. The Committee asks the Government to continue to provide information on any cases regarding equal remuneration addressed by the competent bodies under section 5(2) of the Labour Code or section 33(a)(i) of the Constitution. Please also indicate whether any measures are being taken to raise awareness of the principle of equal remuneration for men and women for work of equal value among workers, employers and their organizations, as well as relevant public officials.

Articles 2 and 3. Public service. The Committee notes the questionnaires and guidance notes relating to job evaluation in the public service provided by the Government. The Committee asks the Government to continue to provide information on any further developments with regard to job evaluation in the public service, and to provide statistical information on the percentage of men and women in the different levels of the public service, as soon as such information becomes available.

Private sector. The Committee recalls its previous comments highlighting the importance of seeking the cooperation of employers’ and workers’ organizations for the purpose of giving effect to the provisions of the Convention and the need to promote the use of objective job evaluation methods. The Committee notes the Government’s indication that it will bring these issues to the attention of the National Advisory Committee on Labour. The Committee asks the Government to provide information on the outcome of these discussions in the National Advisory Committee on Labour, and on the measures taken to strengthen the Convention’s application as a result, including measures to promote the use of objective job evaluation methods and through collective bargaining.

Statistical information. The Committee notes the Government’s indication that the latest Employment and Earnings Survey would be released in the first quarter of 2009. The Committee asks the Government to provide updated statistical information on the earnings of men and women, as soon as it is available.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

2. Work of equal value. The Committee recalls that article 30(a)(i) of the Constitution provides for the adoption of policies directed to achieving “remuneration which provides all workers as a minimum with fair wages and equal remuneration for work of equal value without distinction of any kind and, in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work”. The Committee notes the Government’s statement that although no policy had been adopted to promote equal remuneration between men and women in the public or private sectors, it was not aware of any case where women had been offered or paid lower wages than would otherwise be paid to a man for the same job. The Committee draws to the Government’s attention that the principle of equal remuneration of men and women workers as established by the Convention requires the Government not only to promote and ensure equal remuneration for men and women performing the same job, but also for jobs which are different, but nevertheless of equal value. The Committee asks the Government: (1) to indicate whether, under the Constitution, men and women are entitled to equal remuneration for work of equal value as well as for equal or the same work; and (2) to provide information on the application in practice of section 5(2) of the Labour Code Order which refers to the principle of equal remuneration for work of equal value, including information on any disputes or cases concerning equal remuneration of men and women dealt with by a labour officer or the labour court.

3. Articles 2 and 3. Public service. The Committee notes the Circular Notice No. 9 of 1998 issued by the Ministry of the Public Service on job evaluation, pay and grading structure for the public service. It notes that the salary structure as annexed in the Circular provides for 12 grades. The Committee notes that point (iv) of the Circular envisages a process of job grading on the basis of the results of a job evaluation system. The Committee asks the Government to provide additional information on the job evaluation system used in the public service, indicating the manner in which it is ensured that job evaluation is carried out without discrimination on the basis of sex, and the progress achieved in this process of job grading. The Committee also asks the Government to make every effort to provide statistical information on the percentage of men and women in the different salary levels in the public service.

4. Private sector. The Committee notes the Government’s statement that no initiative has been taken to promote the inclusion of equal pay provisions in collective agreements. The Committee recalls that Article 2 refers to collective agreements as one of the means to apply the principle of equal remuneration for work of equal value. Furthermore, the Government’s attention is drawn to Article 3 of the Convention which promotes the use of objective job evaluation methods as a tool to ensure that remuneration is fixed based on objective criteria related to the content of the job. The Committee asks the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention, including actions taken to promote the use of objective job evaluation methods.

5. Part V of the report form. Statistical information. The Committee thanks the Government for supplying a copy of the Labour Force Survey 1999 and the 1996/1997 Employment and Earnings Survey carried out by the ILO and UNDP in cooperation with the Government which include statistical information on the earnings of men and women. The Committee notes from the Labour Force Survey that the percentage of women in the lowest monthly earning groups was considerably higher than that of men. The Employment and Earnings Survey indicates that women earned only 45 per cent of men’s average monthly earnings in the private sector. This ratio was 80 per cent in the parastatal sector and 83 per cent in the public sector. The Committee urges the Government to take the necessary measures to address the existing gender wage gap particularly in the private sector. The Government is also requested to provide the Committee in its next report with any updated statistical information on the earnings received by men and women, as far as possible in the form set out in the Committee’s 1998 general observation.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which in relevant parts read as follows:

2. Work of equal value. The Committee recalls that article 30(a)(i) of the Constitution provides for the adoption of policies directed to achieving “remuneration which provides all workers as a minimum with fair wages and equal remuneration for work of equal value without distinction of any kind and, in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work”. The Committee notes the Government’s statement that although no policy had been adopted to promote equal remuneration between men and women in the public or private sectors, it was not aware of any case where women had been offered or paid lower wages than would otherwise be paid to a man for the same job. The Committee draws to the Government’s attention that the principle of equal remuneration of men and women workers as established by the Convention requires the Government not only to promote and ensure equal remuneration for men and women performing the same job, but also for jobs which are different, but nevertheless of equal value. The Committee asks the Government: (1) to indicate whether, under the Constitution, men and women are entitled to equal remuneration for work of equal value as well as for equal or the same work; and (2) to provide information on the application in practice of section 5(2) of the Labour Code Order which refers to the principle of equal remuneration for work of equal value, including information on any disputes or cases concerning equal remuneration of men and women dealt with by a labour officer or the labour court.

3. Articles 2 and 3. Public service. The Committee notes the Circular Notice No. 9 of 1998 issued by the Ministry of the Public Service on job evaluation, pay and grading structure for the public service. It notes that the salary structure as annexed in the Circular provides for 12 grades. The Committee notes that point (iv) of the Circular envisages a process of job grading on the basis of the results of a job evaluation system. The Committee asks the Government to provide additional information on the job evaluation system used in the public service, indicating the manner in which it is ensured that job evaluation is carried out without discrimination on the basis of sex, and the progress achieved in this process of job grading. The Committee also asks the Government to make every effort to provide statistical information on the percentage of men and women in the different salary levels in the public service.

4. Private sector. The Committee notes the Government’s statement that no initiative has been taken to promote the inclusion of equal pay provisions in collective agreements. The Committee recalls that Article 2 refers to collective agreements as one of the means to apply the principle of equal remuneration for work of equal value. Furthermore, the Government’s attention is drawn to Article 3 of the Convention which promotes the use of objective job evaluation methods as a tool to ensure that remuneration is fixed based on objective criteria related to the content of the job. The Committee asks the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention, including actions taken to promote the use of objective job evaluation methods.

5. Part V of the report form. Statistical information. The Committee thanks the Government for supplying a copy of the Labour Force Survey 1999 and the 1996/1997 Employment and Earnings Survey carried out by the ILO and UNDP in cooperation with the Government which include statistical information on the earnings of men and women. The Committee notes from the Labour Force Survey that the percentage of women in the lowest monthly earning groups was considerably higher than that of men. The Employment and Earnings Survey indicates that women earned only 45 per cent of men’s average monthly earnings in the private sector. This ratio was 80 per cent in the parastatal sector and 83 per cent in the public sector. The Committee urges the Government to take the necessary measures to address the existing gender wage gap particularly in the private sector. The Government is also requested to provide the Committee in its next report with any updated statistical information on the earnings received by men and women, as far as possible in the form set out in the Committee’s 1998 general observation.

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1. Article 1 of the Convention. Definition of remuneration. With reference to point 1 of its previous direct request, the Committee notes that the Government confirms in its report that the notion of remuneration referred to in section 5(2) of the Labour Code Order and in the Constitution covers both the ordinary wage as well as any additional emoluments paid in cash or in kind.

2. Work of equal value. The Committee recalls that article 30(a)(i) of the Constitution provides for the adoption of policies directed to achieving "remuneration which provides all workers as a minimum with fair wages and equal remuneration for work of equal value without distinction of any kind and, in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work". The Committee notes the Government’s statement that although no policy had been adopted to promote equal remuneration between men and women in the public or private sectors, it was not aware of any case where women had been offered or paid lower wages than would otherwise be paid to a man for the same job. The Committee draws to the Government’s attention that the principle of equal remuneration of men and women workers as established by the Convention requires the Government not only to promote and ensure equal remuneration for men and women performing the same job, but also for jobs which are different, but nevertheless of equal value. The Committee asks the Government: (1) to indicate whether, under the Constitution, men and women are entitled to equal remuneration for work of equal value as well as for equal or the same work; and (2) to provide information on the application in practice of section 5(2) of the Labour Code Order which refers to the principle of equal remuneration for work of equal value, including information on any disputes or cases concerning equal remuneration of men and women dealt with by a labour officer or the labour court.

3. Articles 2 and 3. Public service. The Committee notes the Circular Notice No. 9 of 1998 issued by the Ministry of the Public Service on job evaluation, pay and grading structure for the public service. It notes that the salary structure as annexed in the Circular provides for 12 grades. The Committee notes that point (iv) of the Circular envisages a process of job grading on the basis of the results of a job evaluation system. The Committee asks the Government to provide additional information on the job evaluation system used in the public service, indicating the manner in which it is ensured that job evaluation is carried out without discrimination on the basis of sex, and the progress achieved in this process of job grading. The Committee also asks the Government to make every effort to provide statistical information on the percentage of men and women in the different salary levels in the public service.

4. Private sector. The Committee notes the Government’s statement that no initiative has been taken to promote the inclusion of equal pay provisions in collective agreements. The Committee recalls that Article 2 refers to collective agreements as one of the means to apply the principle of equal remuneration for work of equal value. Furthermore, the Government’s attention is drawn to Article 3 of the Convention which promotes the use of objective job evaluation methods as a tool to ensure that remuneration is fixed based on objective criteria related to the content of the job. The Committee asks the Government to provide information on the measures taken to seek the cooperation of workers’ and employers’ organizations for the purpose of giving effect to the provisions of the Convention, including actions taken to promote the use of objective job evaluation methods.

5. Part V of the report form. Statistical information. The Committee thanks the Government for supplying a copy of the Labour Force Survey 1999 and the 1996/1997 Employment and Earnings Survey carried out by the ILO and UNDP in cooperation with the Government which include statistical information on the earnings of men and women. The Committee notes from the Labour Force Survey that the percentage of women in the lowest monthly earning groups was considerably higher than that of men. The Employment and Earnings Survey indicates that women earned only 45 per cent of men’s average monthly earnings in the private sector. This ratio was 80 per cent in the parastatal sector and 83 per cent in the public sector. The Committee urges the Government to take the necessary measures to address the existing gender wage gap particularly in the private sector. The Government is also requested to provide the Committee in its next report with any updated statistical information on the earnings received by men and women, as far as possible in the form set out in the Committee’s 1998 general observation.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1. The Committee notes the definition of "wages" contained in sections 3 and 56 of the Labour Code Order, which largely corresponds with the broad notion of remuneration embodied in Article 1(a) of the Convention. It also notes that section 5(2) of the Labour Code Order gives legal expression to the principle of equal remuneration for men and women for work of equal value, and that article 30(a)(i) of the Constitution provides for the adoption of policies directed to achieving "remuneration which provides all workers as a minimum with fair wages and equal remuneration for work of equal value without distinction of any kind and, in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work". Noting the alternate use of the notions "wages", "remuneration" and "pay" in the abovementioned provisions of the Labour Code Order and the Constitution, the Committee asks the Government to confirm that the notion of remuneration referred to in section 5(2) of the Code and in article 30(a)(i) of the Constitution covers the basic ordinary wage as well as any additional emoluments paid in cash or in kind.

2. Further to the above, the Committee notes that the first part of article 30(a)(i) of the Constitution provides for "equal remuneration for work of equal value without distinction" and that the last part refers to "equal pay for equal work" for men and women. The Committee asks the Government to confirm that men and women are entitled to equal remuneration for work of equal value as well as for equal work. In light of the requirement under article 30(a)(i) and (c) of the Constitution, the Committee asks the Government to supply information on whether any policy has been adopted to promote equal remuneration between men and women in the public and/or private sectors, either directly or indirectly.

3. The Committee notes that, according to section 2(2)(b) of the Labour Code Order, the provisions of the Code apply to both the private and public sectors. It also notes that section 35 of the Public Service Act of 1995 excludes the public service from the application of the Labour Code Order, and that the Labour Code (Exemption) Order (No. 22 of 1995) provides that only Part III, Division D (Labour Court) and Part V (contracts of employment, termination, dismissal and severance pay) of the Labour Code Order shall not apply to public officers. The Committee would be grateful if the Government would clarify whether section 5(2) of the Labour Code Order applies to the public service.

4. Article 2. The Committee notes that the Labour Code Wages (Amendment) Order of 2001 sets different wages for unskilled workers with respect to "heavy physical work" and "light physical work". The Government is asked to provide information on the number of men and women employed in each of the "heavy" and "light" categories referred to in the Wages Order, the criteria used to determine the "light" and "heavy" categories, as well as any measures taken by the Labour Advisory Board to avoid female-dominated occupations being undervalued in the setting of minimum wages.

5. The Committee notes that, according to section 47 of the Labour Code Order, wages are also fixed by the terms of a contract of employment, a collective agreement, an arbitration award, or an industry-wide order. It asks the Government to provide copies of such arbitration awards, industry-wide orders and collective agreements, as well as to indicate the manner in which the principle of equal remuneration for work of equal value is applied in practice to wages fixed by awards and industry-wide orders. The Committee would also be grateful if the Government could provide information on any initiative taken to promote inclusion of equal pay provisions in collective agreements and on the methods used in non-unionized workplaces to determine remuneration.

6. With respect to wages and salaries in the public service, the Committee asks the Government to provide information on how rates of remuneration are set in the public service and to provide information on the methodology used to fix salaries for public service employees. It would also be grateful if the Government would supply copies of the current salary scales for these employees in the various occupations, together with information on the percentages of men and women at the different levels of the public service.

7. Article 3. The Committee notes the Government’s statement that different organizations have different systems of job appraisal and asks the Government to provide additional information on the methodology used in these systems to promote an objective appraisal of jobs on the basis of the work performed. With respect to the public service, the Committee notes the Government’s statement that it introduced a performance appraisal system in January 2001, the main objective of which was to desist from the practice whereby wage increments and promotion were automatic; promotion of public servants should instead be based on merit. The Committee asks the Government to provide information on the methodology employed for the classification of posts in the public sector, and on the manner in which that would ensure an objective evaluation of jobs in the public sector free from discrimination based on sex.

8. Article 4. The Committee would be grateful if the Government would indicate, in its next report, the manner in which the Government is cooperating with the workers’ and employers’ organizations to promote the principle of equal remuneration for work of equal value, especially through the Wages Advisory Board and the Labour Advisory Committee.

9. The Committee notes that the Government’s report does not contain any information on Parts III, IV and V of the report form, and invites the Government to provide reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including by the Office of the Ombudsperson, the Human Rights Service and the Human Rights Commission, as well as any other information, including statistical data disaggregated by sex, that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also provide the information in accordance with the 1998 general observation on this Convention, which is attached for easy reference.

CMNT_TITLE

The Committee notes the information provided by the Government in its first report, and the documentation and legislation attached.

1. Article 1. The Committee notes the definition of "wages" contained in sections 3 and 56 of the Labour Code Order, which largely corresponds with the broad notion of remuneration embodied in Article 1(a) of the Convention. It also notes that section 5(2) of the Labour Code Order gives legal expression to the principle of equal remuneration for men and women for work of equal value, and that article 30(a)(i) of the Constitution provides for the adoption of policies directed to achieving "remuneration which provides all workers as a minimum with fair wages and equal remuneration for work of equal value without distinction of any kind and, in particular, women being guaranteed conditions of work, including pension or retirement benefits, not inferior to those enjoyed by men, with equal pay for equal work". Noting the alternate use of the notions "wages", "remuneration" and "pay" in the abovementioned provisions of the Labour Code Order and the Constitution, the Committee asks the Government to confirm that the notion of remuneration referred to in section 5(2) of the Code and in article 30(a)(i) of the Constitution covers the basic ordinary wage as well as any additional emoluments paid in cash or in kind.

2. Further to the above, the Committee notes that the first part of article 30(a)(i) of the Constitution provides for "equal remuneration for work of equal value without distinction" and that the last part refers to "equal pay for equal work" for men and women. The Committee asks the Government to confirm that men and women are entitled to equal remuneration for work of equal value as well as for equal work. In light of the requirement under article 30(a)(i) and (c) of the Constitution, the Committee asks the Government to supply information on whether any policy has been adopted to promote equal remuneration between men and women in the public and/or private sectors, either directly or indirectly.

3. The Committee notes that, according to section 2(2)(b) of the Labour Code Order, the provisions of the Code apply to both the private and public sectors. It also notes that section 35 of the Public Service Act of 1995 excludes the public service from the application of the Labour Code Order, and that the Labour Code (Exemption) Order (No. 22 of 1995) provides that only Part III, Division D (Labour Court) and Part V (contracts of employment, termination, dismissal and severance pay) of the Labour Code Order shall not apply to public officers. The Committee would be grateful if the Government would clarify whether section 5(2) of the Labour Code Order applies to the public service.

4. Article 2. The Committee notes that the Labour Code Wages (Amendment) Order of 2001 sets different wages for unskilled workers with respect to "heavy physical work" and "light physical work". The Government is asked to provide information on the number of men and women employed in each of the "heavy" and "light" categories referred to in the Wages Order, the criteria used to determine the "light" and "heavy" categories, as well as any measures taken by the Labour Advisory Board to avoid female-dominated occupations being undervalued in the setting of minimum wages.

5. The Committee notes that, according to section 47 of the Labour Code Order, wages are also fixed by the terms of a contract of employment, a collective agreement, an arbitration award, or an industry-wide order. It asks the Government to provide copies of such arbitration awards, industry-wide orders and collective agreements, as well as to indicate the manner in which the principle of equal remuneration for work of equal value is applied in practice to wages fixed by awards and industry-wide orders. The Committee would also be grateful if the Government could provide information on any initiative taken to promote inclusion of equal pay provisions in collective agreements and on the methods used in non-unionized workplaces to determine remuneration.

6. With respect to wages and salaries in the public service, the Committee asks the Government to provide information on how rates of remuneration are set in the public service and to provide information on the methodology used to fix salaries for public service employees. It would also be grateful if the Government would supply copies of the current salary scales for these employees in the various occupations, together with information on the percentages of men and women at the different levels of the public service.

7. Article 3. The Committee notes the Government’s statement that different organizations have different systems of job appraisal and asks the Government to provide additional information on the methodology used in these systems to promote an objective appraisal of jobs on the basis of the work performed. With respect to the public service, the Committee notes the Government’s statement that it introduced a performance appraisal system in January 2001, the main objective of which was to desist from the practice whereby wage increments and promotion were automatic; promotion of public servants should instead be based on merit. The Committee asks the Government to provide information on the methodology employed for the classification of posts in the public sector, and on the manner in which that would ensure an objective evaluation of jobs in the public sector free from discrimination based on sex.

8. Article 4. The Committee would be grateful if the Government would indicate, in its next report, the manner in which the Government is cooperating with the workers’ and employers’ organizations to promote the principle of equal remuneration for work of equal value, especially through the Wages Advisory Board and the Labour Advisory Committee.

9. The Committee notes that the Government’s report does not contain any information on Parts III, IV and V of the report form, and invites the Government to provide reports, guidelines or publications, as well as copies of legislation adopted and administrative and judicial decisions, including by the Office of the Ombudsperson, the Human Rights Service and the Human Rights Commission, as well as any other information, including statistical data disaggregated by sex, that may enable the Committee to assess how the principle of equal remuneration for men and women for work of equal value is applied in practice. Please also provide the information in accordance with the 1998 general observation on this Convention, which is attached for easy reference.