Equal Remuneration Convention, 1951 (No. 100) - Antigua and Barbuda (RATIFICATION: 2003)

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Promoting the application of the principle. In its previous comments the Committee requested the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. It also requested the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Directorate of Gender Affairs (DGA). The Committee notes the Government’s indication that, despite limited resources, the DGA has made a significant effort to undertake promotional activities, such as the consistent use of social media, or print and electronic media, to create awareness and address issues related to equal remuneration (along with other issues affecting women in the workforce), as outlined in its 2018–22 Action Plan. The Committee notes the recommendations made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, that the State, in collaboration with the media, should expand public education programmes on the negative impact of discriminatory gender stereotypes on the enjoyment by women and girls of their rights, with a view to eliminating stereotypical attitudes and tolerance of gender-based violence against women and girls (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 26(b)). The Committee asks the Government to continue to provide detailed information on concrete measures adopted, in particular through the media, to promote the application of the principle of equal remuneration for men and women for work of equal value, and to indicate the goal and target audience of these awareness campaigns.

Determination of rates of remuneration. Previously, the Committee, noting that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability, urged the Government to indicate the specific manner in which it ensured that, in determining wage rates in collective agreements, the work performed by women was not being undervalued in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias. The Committee notes the Government’s indication that trade union representatives negotiate decent wages for employees (free from gender bias), based on the value assigned to the type of work to be done. Further, upon consultation with the Labour Department on issues relating to pay increase for employees, recommendations are made to companies based on trends in that particular market segment and the categories of work as opposed to gender. Recognizing however that, there are no measures in place to ensure that companies, when determining remuneration (including wage increases), use methods and criteria free from gender bias, the Government requests the assistance of the ILO to ensure that the determination of remuneration in the private and public sectors is done without discrimination based on the sex of the worker. In that regard, the Committee wishes to recall that Article 3 of the Convention does not prescribe any specific method of objective job evaluation. Recalling that whatever methods are used, it is important to ensure that, not only the factors selected for comparison are objective (such as skill, effort, responsibilities and working conditions), but that the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee hopes that the technical assistance requested by the Government will be provided in the near future with a view to ensuring that in determining wages (including wage increases) the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. It considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. The Committee requested the Government to indicate the specific criteria used for the classification of posts under the different grades and for the determination of the corresponding earnings. It also requested the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received. The Committee notes the Government’s indication that there has been no recent issuance of remuneration orders by the Minister authorizing allowances for certain categories of officers. This process was done through collective bargaining since 2007 for varying categories of employees in the service. The Committee notes the Government’s statement that the classification of posts under different grades of employment and the determination of the corresponding earnings reflect that there is no evidence of gender bias in the civil service, as civil servants are classified and remunerated based on their qualifications, competencies and skills. The Committee needs to emphasize, however, that a non-discriminatory classification is necessarily based on the implementation of a method and the application of set criteria in order to ensure a result free from gender bias. The Government failed to indicate the method used and criteria applied. In these circumstances, the Committee is unable to assess the non-discriminatory nature of the rates of pay and allowances in the civil service. In view of the above and the fact that the Government is requesting the technical assistance of the Office regarding the determination of rates of remuneration free from gender bias, the Committee asks the Government to provide detailed information on the result of the assistance provided in that regard. In the meantime, the Committee asked the Government to provide copies of the list of civil service positions as well as copies of any relevant collective bargaining agreement signed and implemented.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government: (1) to provide the results of the census carried out by the public sector transformation unit, among public sector employees, with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties; and (2) to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee notes the Government’s indication that the census carried out under the public sector transformation initiative was incomplete and the overall project discontinued, including the job evaluation exercise. The Committee also notes the Government’s statement that there are no measures in place or envisaged to promulgate an objective job evaluation based on the work to be performed in the private sector but that it will seek the technical assistance of the Office in this regard. The Committee takes note of this information. Noting that the Government is requesting the assistance of the ILO regarding objective job evaluation, the Committee asks the Government to keep it informed of the progress achieved towards the adoption of such a method for the public service. It also requests the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. In previous comments, the Committee requested the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value had been addressed, and if so, the result of such discussions. It also requested the Government to indicate whether and how the National Labour Board and the Social Economic Council had given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners had been undertaken to promote the application of the principle of the Convention, and the results achieved. The Committee notes the Government’s statement that equal remuneration for men and women for work of equal value has never been addressed in the context of the Labour Matters programme but that it will be included in the programme in 2018; and that there has been no cooperation or joint activities of the Government and the social partners concerning the principle of the Convention. The Committee emphasizes the important role of workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation processes provided for in the Convention, as well as in the Equal Remuneration Recommendation, 1951 (No. 90), can assist the Government in ensuring that the measures taken or envisaged enjoy wide support and that policies are effectively implemented (see 2012 General Survey, paragraph 858). The Committee asks the Government to provide information on any form of cooperation or joint activities of the Government and the social partners with a view to promote equal remuneration for men and women for work of equal value. It also asks the Government to indicate if this principle has been promoted in the context of the “Labour Matters” programme and to provide detailed information on the manner in which it was addressed.

Enforcement. In view of the absence of complaints or cases related to sex discrimination with respect to remuneration, the Committee previously asked the Government: (1) to indicate the authorities responsible for the enforcement of the principle of the Convention, and how such enforcement had been undertaken in practice; and (2) to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors. The Committee notes that the Government states that the inspectorate and conciliation unit of the Labour Department are responsible for the enforcement of the principle of the Convention but that there has been no reported cases of violations of section E8(1) of the Labour Code. The Government adds that the issue of equal remuneration will be discussed by the Labour Department on the 2018 edition of the Labour Matters programme. 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 2012 General Survey, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the labour inspectorate and the courts.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a Labour Market Information System (LMIS). The Committee asked the Government: (1) to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings; (2) to indicate the progress made in this respect; and (3) to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Government’s indication that, although the LMIS produces statistical data on the distribution of men and women in the various occupations and sectors of the economy, it is not possible to report on any progress made and to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Labour Force Survey Report 2015 published on the website of the Antigua and Barbuda Statistics Division, which shows that women represent 53.1 per cent of the labour force (26,207 women for 23,100 men) but have a slightly higher unemployment rate (14.5 per cent against 12.9 per cent for men). Women were generally over-represented in the service sector, while men were significantly more likely to work in goods producing industries. According to the report, there was relative gender parity among managers (1,708 female managers (representing 7.6 per cent of the female employed population) and 1,634 male managers (representing 8.1 per cent of the male employed population)). However, the report does not give any indication about the gender pay gap at the manager or any other levels. Women were more likely to work part-time and many of them were unavailable to work additional hours because of family responsibilities. The Committee also notes, from the 2019 concluding observations of CEDAW, that it recommended evaluating, with statistical data disaggregated by sex, the extent of gender-based discrimination in the workplace, including with regard to wages in both the public and private sectors and sexual harassment, in order to implement measures to address the gender pay gap and to inform the development of the national policy on sexual harassment in the workplace (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 37(d)). The Committee requests the Government to provide detailed information on the distribution of men and women in the various occupations and sectors of the economy. The Committee also asks the Government to provide information on the progress made towards integrating the wage range for varying sectors in the statistical data, and the nature and evolution of the gender pay gap.

CMNT_TITLE

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975 did not give full legislative expression to the principle of the Convention. Noting that the National Labour Board had reviewed the Labour Code and that a report had been submitted to the relevant authority for action, it requested the Government to report on the progress made in this regard. In its report, the Government indicates that it is envisaged that the revised text of the Labour Code will set out the principle of equal remuneration for men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but of equal value. Upon revision by the National Labour Board, the upgraded text of the Labour Code will be subject to amendment after the process of public consultation is completed. The Government adds that the National Labour Board will ensure that the Labour Code does not contravene this Convention. The Committee requests the Government to provide information on the progress made towards the amendment of the Labour Code to give full legislative expression to the principle of the Convention and, in the meantime, on any measures taken or agreements and policies adopted providing for equal remuneration for men and women for work of equal value.

Remuneration. In its previous comments, the Committee noted the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” in sections A5, C3, C4(1) and E8(1) of the Labour Code. It noted that, while the definition of “gross wages” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. It noted the Government’s indication that the terms “wages”, “gross wages” and “remuneration” were used interchangeably in practice, but emphasized that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the ongoing review of the Labour Code, the Committee requested the Government to ensure that the revised text would harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” in accordance with Article 1(a) of the Convention. The Committee notes the Government’s indication that the National Labour Board will consider a definition for the term “remuneration” (as opposed to the interchangeable use of the terms “wages” and “gross wages”), which will cover not only the ordinary, basic or minimum wage or salary, but also any additional emoluments payable directly or indirectly, whether in cash or kind, by the employer, in accordance with Article 1(a) of the Convention. This will ensure that there is no potential for confusion. The Committee requests the Government to provide information on the progress made in the amendment of the Labour Code in order to include a clear definition of remuneration in accordance with Article 1(a) of the Convention.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Promoting the application of the principle. In its previous comments the Committee requested the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. It also requested the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Directorate of Gender Affairs (DGA). The Committee notes the Government’s indication that, despite limited resources, the DGA has made a significant effort to undertake promotional activities, such as the consistent use of social media, or print and electronic media, to create awareness and address issues related to equal remuneration (along with other issues affecting women in the workforce), as outlined in its 2018–22 Action Plan. The Committee notes the recommendations made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, that the State, in collaboration with the media, should expand public education programmes on the negative impact of discriminatory gender stereotypes on the enjoyment by women and girls of their rights, with a view to eliminating stereotypical attitudes and tolerance of gender-based violence against women and girls (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 26(b)).The Committee asks the Government to continue to provide detailed information on concrete measures adopted, in particular through the media, to promote the application of the principle of equal remuneration for men and women for work of equal value, and to indicate the goal and target audience of these awareness campaigns.

Determination of rates of remuneration. Previously, the Committee, noting that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability, urged the Government to indicate the specific manner in which it ensured that, in determining wage rates in collective agreements, the work performed by women was not being undervalued in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias. The Committee notes the Government’s indication that trade union representatives negotiate decent wages for employees (free from gender bias), based on the value assigned to the type of work to be done. Further, upon consultation with the Labour Department on issues relating to pay increase for employees, recommendations are made to companies based on trends in that particular market segment and the categories of work as opposed to gender. Recognizing however that, there are no measures in place to ensure that companies, when determining remuneration (including wage increases), use methods and criteria free from gender bias, the Government requests the assistance of the ILO to ensure that the determination of remuneration in the private and public sectors is done without discrimination based on the sex of the worker. In that regard, the Committee wishes to recall that Article 3of the Convention does not prescribe any specific method of objective job evaluation. Recalling that whatever methods are used, it is important to ensure that, not only the factors selected for comparison are objective (such as skill, effort, responsibilities and working conditions), but that the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701).The Committee hopes that the technical assistance requested by the Government will be provided in the near future with a view to ensuring that in determining wages (including wage increases) the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. It considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. The Committee requested the Government to indicate the specific criteria used for the classification of posts under the different grades and for the determination of the corresponding earnings. It also requested the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received. The Committee notes the Government’s indication that there has been no recent issuance of remuneration orders by the Minister authorizing allowances for certain categories of officers. This process was done through collective bargaining since 2007 for varying categories of employees in the service. The Committee notes the Government’s statement that the classification of posts under different grades of employment and the determination of the corresponding earnings reflect that there is no evidence of gender bias in the civil service, as civil servants are classified and remunerated based on their qualifications, competencies and skills. The Committee needs to emphasize, however, that a non-discriminatory classification is necessarily based on the implementation of a method and the application of set criteria in order to ensure a result free from gender bias. The Government failed to indicate the method used and criteria applied. In these circumstances, the Committee is unable to assess the non-discriminatory nature of the rates of pay and allowances in the civil service.In view of the above and the fact that the Government is requesting the technical assistance of the Office regarding the determination of rates of remuneration free from gender bias, the Committee asks the Government to provide detailed information on the result of the assistance provided in that regard. In the meantime, the Committee asked the Government to provide copies of the list of civil service positions as well as copies of any relevant collective bargaining agreement signed and implemented.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government: (1) to provide the results of the census carried out by the public sector transformation unit, among public sector employees, with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties; and (2) to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee notes the Government’s indication that the census carried out under the public sector transformation initiative was incomplete and the overall project discontinued, including the job evaluation exercise. The Committee also notes the Government’s statement that there are no measures in place or envisaged to promulgate an objective job evaluation based on the work to be performed in the private sector but that it will seek the technical assistance of the Office in this regard. The Committee takes note of this information.Noting that the Government is requesting the assistance of the ILO regarding objective job evaluation, the Committee asks the Government to keep it informed of the progress achieved towards the adoption of such a method for the public service. It also requests the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. In previous comments, the Committee requested the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value had been addressed, and if so, the result of such discussions. It also requested the Government to indicate whether and how the National Labour Board and the Social Economic Council had given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners had been undertaken to promote the application of the principle of the Convention, and the results achieved. The Committee notes the Government’s statement that equal remuneration for men and women for work of equal value has never been addressed in the context of the Labour Matters programme but that it will be included in the programme in 2018; and that there has been no cooperation or joint activities of the Government and the social partners concerning the principle of the Convention. The Committee emphasizes the important role of workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation processes provided for in the Convention, as well as in the Equal Remuneration Recommendation, 1951 (No. 90), can assist the Government in ensuring that the measures taken or envisaged enjoy wide support and that policies are effectively implemented (see 2012 General Survey, paragraph 858).The Committee asks the Government to provide information on any form of cooperation or joint activities of the Government and the social partners with a view to promote equal remuneration for men and women for work of equal value. It also asks the Government to indicate if this principle has been promoted in the context of the “Labour Matters” programme and to provide detailed information on the manner in which it was addressed.

Enforcement. In view of the absence of complaints or cases related to sex discrimination with respect to remuneration, the Committee previously asked the Government: (1) to indicate the authorities responsible for the enforcement of the principle of the Convention, and how such enforcement had been undertaken in practice; and (2) to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors. The Committee notes that the Government states that the inspectorate and conciliation unit of the Labour Department are responsible for the enforcement of the principle of the Convention but that there has been no reported cases of violations of section E8(1) of the Labour Code. The Government adds that the issue of equal remuneration will be discussed by the Labour Department on the 2018 edition of the Labour Matters programme. 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 2012 General Survey, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work.Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the labour inspectorate and the courts.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a Labour Market Information System (LMIS). The Committee asked the Government: (1) to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings; (2) to indicate the progress made in this respect; and (3) to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Government’s indication that, although the LMIS produces statistical data on the distribution of men and women in the various occupations and sectors of the economy, it is not possible to report on any progress made and to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Labour Force Survey Report 2015 published on the website of the Antigua and Barbuda Statistics Division, which shows that women represent 53.1 per cent of the labour force (26,207 women for 23,100 men) but have a slightly higher unemployment rate (14.5 per cent against 12.9 per cent for men). Women were generally over-represented in the service sector, while men were significantly more likely to work in goods producing industries. According to the report, there was relative gender parity among managers (1,708 female managers (representing 7.6 per cent of the female employed population) and 1,634 male managers (representing 8.1 per cent of the male employed population)). However, the report does not give any indication about the gender pay gap at the manager or any other levels. Women were more likely to work part-time and many of them were unavailable to work additional hours because of family responsibilities. The Committee also notes, from the 2019 concluding observations of CEDAW, that it recommended evaluating, with statistical data disaggregated by sex, the extent of gender-based discrimination in the workplace, including with regard to wages in both the public and private sectors and sexual harassment, in order to implement measures to address the gender pay gap and to inform the development of the national policy on sexual harassment in the workplace (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 37(d)).The Committee requests the Government to provide detailed information on the distribution of men and women in the various occupations and sectors of the economy. The Committee also asks the Government to provide information on the progress made towards integrating the wage range for varying sectors in the statistical data, and the nature and evolution of the gender pay gap.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975 did not give full legislative expression to the principle of the Convention. Noting that the National Labour Board had reviewed the Labour Code and that a report had been submitted to the relevant authority for action, it requested the Government to report on the progress made in this regard. In its report, the Government indicates that it is envisaged that the revised text of the Labour Code will set out the principle of equal remuneration for men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but of equal value. Upon revision by the National Labour Board, the upgraded text of the Labour Code will be subject to amendment after the process of public consultation is completed. The Government adds that the National Labour Board will ensure that the Labour Code does not contravene this Convention.The Committee requests the Government to provide information on the progress made towards the amendment of the Labour Code to give full legislative expression to the principle of the Convention and, in the meantime, on any measures taken or agreements and policies adopted providing for equal remuneration for men and women for work of equal value.

Remuneration. In its previous comments, the Committee noted the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” in sections A5, C3, C4(1) and E8(1) of the Labour Code. It noted that, while the definition of “gross wages” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. It noted the Government’s indication that the terms “wages”, “gross wages” and “remuneration” were used interchangeably in practice, but emphasized that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the ongoing review of the Labour Code, the Committee requested the Government to ensure that the revised text would harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” in accordance with Article 1(a) of the Convention. The Committee notes the Government’s indication that the National Labour Board will consider a definition for the term “remuneration” (as opposed to the interchangeable use of the terms “wages” and “gross wages”), which will cover not only the ordinary, basic or minimum wage or salary, but also any additional emoluments payable directly or indirectly, whether in cash or kind, by the employer, in accordance with Article 1(a) of the Convention. This will ensure that there is no potential for confusion.The Committee requests the Government to provide information on the progress made in the amendment of the Labour Code in order to include a clear definition of remuneration in accordance with Article 1(a) of the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Promoting the application of the principle. In its previous comments the Committee requested the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. It also requested the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Directorate of Gender Affairs (DGA). The Committee notes the Government’s indication that, despite limited resources, the DGA has made a significant effort to undertake promotional activities, such as the consistent use of social media, or print and electronic media, to create awareness and address issues related to equal remuneration (along with other issues affecting women in the workforce), as outlined in its 2018–22 Action Plan. The Committee notes the recommendations made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, that the State, in collaboration with the media, should expand public education programmes on the negative impact of discriminatory gender stereotypes on the enjoyment by women and girls of their rights, with a view to eliminating stereotypical attitudes and tolerance of gender-based violence against women and girls (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 26(b)). The Committee asks the Government to continue to provide detailed information on concrete measures adopted, in particular through the media, to promote the application of the principle of equal remuneration for men and women for work of equal value, and to indicate the goal and target audience of these awareness campaigns.

Determination of rates of remuneration. Previously, the Committee, noting that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability, urged the Government to indicate the specific manner in which it ensured that, in determining wage rates in collective agreements, the work performed by women was not being undervalued in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias. The Committee notes the Government’s indication that trade union representatives negotiate decent wages for employees (free from gender bias), based on the value assigned to the type of work to be done. Further, upon consultation with the Labour Department on issues relating to pay increase for employees, recommendations are made to companies based on trends in that particular market segment and the categories of work as opposed to gender. Recognizing however that, there are no measures in place to ensure that companies, when determining remuneration (including wage increases), use methods and criteria free from gender bias, the Government requests the assistance of the ILO to ensure that the determination of remuneration in the private and public sectors is done without discrimination based on the sex of the worker. In that regard, the Committee wishes to recall that Article 3 of the Convention does not prescribe any specific method of objective job evaluation. Recalling that whatever methods are used, it is important to ensure that, not only the factors selected for comparison are objective (such as skill, effort, responsibilities and working conditions), but that the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee hopes that the technical assistance requested by the Government will be provided in the near future with a view to ensuring that in determining wages (including wage increases) the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. It considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. The Committee requested the Government to indicate the specific criteria used for the classification of posts under the different grades and for the determination of the corresponding earnings. It also requested the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received. The Committee notes the Government’s indication that there has been no recent issuance of remuneration orders by the Minister authorizing allowances for certain categories of officers. This process was done through collective bargaining since 2007 for varying categories of employees in the service. The Committee notes the Government’s statement that the classification of posts under different grades of employment and the determination of the corresponding earnings reflect that there is no evidence of gender bias in the civil service, as civil servants are classified and remunerated based on their qualifications, competencies and skills. The Committee needs to emphasize, however, that a non-discriminatory classification is necessarily based on the implementation of a method and the application of set criteria in order to ensure a result free from gender bias. The Government failed to indicate the method used and criteria applied. In these circumstances, the Committee is unable to assess the non-discriminatory nature of the rates of pay and allowances in the civil service. In view of the above and the fact that the Government is requesting the technical assistance of the Office regarding the determination of rates of remuneration free from gender bias, the Committee asks the Government to provide detailed information on the result of the assistance provided in that regard. In the meantime, the Committee asked the Government to provide copies of the list of civil service positions as well as copies of any relevant collective bargaining agreement signed and implemented.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government: (1) to provide the results of the census carried out by the public sector transformation unit, among public sector employees, with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties; and (2) to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee notes the Government’s indication that the census carried out under the public sector transformation initiative was incomplete and the overall project discontinued, including the job evaluation exercise. The Committee also notes the Government’s statement that there are no measures in place or envisaged to promulgate an objective job evaluation based on the work to be performed in the private sector but that it will seek the technical assistance of the Office in this regard. The Committee takes note of this information. Noting that the Government is requesting the assistance of the ILO regarding objective job evaluation, the Committee asks the Government to keep it informed of the progress achieved towards the adoption of such a method for the public service. It also requests the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. In previous comments, the Committee requested the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value had been addressed, and if so, the result of such discussions. It also requested the Government to indicate whether and how the National Labour Board and the Social Economic Council had given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners had been undertaken to promote the application of the principle of the Convention, and the results achieved. The Committee notes the Government’s statement that equal remuneration for men and women for work of equal value has never been addressed in the context of the Labour Matters programme but that it will be included in the programme in 2018; and that there has been no cooperation or joint activities of the Government and the social partners concerning the principle of the Convention. The Committee emphasizes the important role of workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation processes provided for in the Convention, as well as in the Equal Remuneration Recommendation, 1951 (No. 90), can assist the Government in ensuring that the measures taken or envisaged enjoy wide support and that policies are effectively implemented (see 2012 General Survey, paragraph 858). The Committee asks the Government to provide information on any form of cooperation or joint activities of the Government and the social partners with a view to promote equal remuneration for men and women for work of equal value. It also asks the Government to indicate if this principle has been promoted in the context of the “Labour Matters” programme and to provide detailed information on the manner in which it was addressed.

Enforcement. In view of the absence of complaints or cases related to sex discrimination with respect to remuneration, the Committee previously asked the Government: (1) to indicate the authorities responsible for the enforcement of the principle of the Convention, and how such enforcement had been undertaken in practice; and (2) to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors. The Committee notes that the Government states that the inspectorate and conciliation unit of the Labour Department are responsible for the enforcement of the principle of the Convention but that there has been no reported cases of violations of section E8(1) of the Labour Code. The Government adds that the issue of equal remuneration will be discussed by the Labour Department on the 2018 edition of the Labour Matters programme. 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 2012 General Survey, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the labour inspectorate and the courts.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a Labour Market Information System (LMIS). The Committee asked the Government: (1) to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings; (2) to indicate the progress made in this respect; and (3) to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Government’s indication that, although the LMIS produces statistical data on the distribution of men and women in the various occupations and sectors of the economy, it is not possible to report on any progress made and to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Labour Force Survey Report 2015 published on the website of the Antigua and Barbuda Statistics Division, which shows that women represent 53.1 per cent of the labour force (26,207 women for 23,100 men) but have a slightly higher unemployment rate (14.5 per cent against 12.9 per cent for men). Women were generally over-represented in the service sector, while men were significantly more likely to work in goods producing industries. According to the report, there was relative gender parity among managers (1,708 female managers (representing 7.6 per cent of the female employed population) and 1,634 male managers (representing 8.1 per cent of the male employed population)). However, the report does not give any indication about the gender pay gap at the manager or any other levels. Women were more likely to work part-time and many of them were unavailable to work additional hours because of family responsibilities. The Committee also notes, from the 2019 concluding observations of CEDAW, that it recommended evaluating, with statistical data disaggregated by sex, the extent of gender-based discrimination in the workplace, including with regard to wages in both the public and private sectors and sexual harassment, in order to implement measures to address the gender pay gap and to inform the development of the national policy on sexual harassment in the workplace (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 37(d)). The Committee requests the Government to provide detailed information on the distribution of men and women in the various occupations and sectors of the economy. The Committee also asks the Government to provide information on the progress made towards integrating the wage range for varying sectors in the statistical data, and the nature and evolution of the gender pay gap.

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Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975 did not give full legislative expression to the principle of the Convention. Noting that the National Labour Board had reviewed the Labour Code and that a report had been submitted to the relevant authority for action, it requested the Government to report on the progress made in this regard. In its report, the Government indicates that it is envisaged that the revised text of the Labour Code will set out the principle of equal remuneration for men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but of equal value. Upon revision by the National Labour Board, the upgraded text of the Labour Code will be subject to amendment after the process of public consultation is completed. The Government adds that the National Labour Board will ensure that the Labour Code does not contravene this Convention. The Committee requests the Government to provide information on the progress made towards the amendment of the Labour Code to give full legislative expression to the principle of the Convention and, in the meantime, on any measures taken or agreements and policies adopted providing for equal remuneration for men and women for work of equal value.

Remuneration. In its previous comments, the Committee noted the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” in sections A5, C3, C4(1) and E8(1) of the Labour Code. It noted that, while the definition of “gross wages” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. It noted the Government’s indication that the terms “wages”, “gross wages” and “remuneration” were used interchangeably in practice, but emphasized that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the ongoing review of the Labour Code, the Committee requested the Government to ensure that the revised text would harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” in accordance with Article 1(a) of the Convention. The Committee notes the Government’s indication that the National Labour Board will consider a definition for the term “remuneration” (as opposed to the interchangeable use of the terms “wages” and “gross wages”), which will cover not only the ordinary, basic or minimum wage or salary, but also any additional emoluments payable directly or indirectly, whether in cash or kind, by the employer, in accordance with Article 1(a) of the Convention. This will ensure that there is no potential for confusion. The Committee requests the Government to provide information on the progress made in the amendment of the Labour Code in order to include a clear definition of remuneration in accordance with Article 1(a) of the Convention.

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

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on matters raised in its previous comments initially made in 2016.

Repetition

Article 2 of the Convention. Promoting application of the principle. In the absence of any concrete information on this matter, the Committee reiterates its request to the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. The Committee also requests the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Gender Affairs Department.

Determination of rates of remuneration. In its previous comments the Committee noted that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability. The Committee notes with regret that the Government’s report once again does not provide any further information on the way in which it ensures that rates of remuneration are determined free from gender bias. The Committee, therefore, urges the Government to indicate the specific manner in which it ensures that, in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. Noting that no further information has been provided, the Committee once again requests the Government to indicate the specific criteria used for the classification of posts under the different grades and for determination of the corresponding earnings. The Committee also requests the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers concerned, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee recalls that the Public Sector Transformation Unit carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Committee notes that the requested information from the Public Sector Transformation Unit was not attached to the Government’s report nor was any further information provided on the progress made in developing an objective job evaluation mechanism. The Committee urges the Government to provide the census results of the Public Sector Transformation Unit and detailed information on the progress made in the development of an objective job evaluation method for the public service. The Committee also reiterates its requests to the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee reminds the Government of the possibility of availing itself of ILO’s technical assistance in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee once again asks the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value has been addressed, and if so, the result of such discussions. It also requests the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners have been undertaken to promote the application of the principle of the Convention, and the results achieved.

Awareness raising and enforcement. The Committee refers to its previous comments regarding the absence of complaints or cases related to sex discrimination with respect to remuneration. The Committee once again asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate the authorities responsible for enforcement of the principle under the Convention, and how such enforcement has been undertaken in practice. The Committee also requests the Government to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to capture data on the characteristics of the working population, and notes that the Government will provide statistical data once it becomes available. The Committee recalls the importance of gathering accurate statistical data on the earnings of men and women in the various sectors and occupations in order to evaluate the extent and nature of the gender pay gap. The Committee hopes that the Government will make every effort to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings. It further requests the Government to indicate the progress made in this respect, and to provide information on the extent, nature and evolution of the gender pay gap.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975, which provides that “no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer”, did not give full legislative expression to the principle of the Convention. The Committee merely recalls that prohibiting sex-based wage discrimination will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” set out in Article 1(b) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 676). It also recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (see 2012 General Survey, paragraphs 673 and 697). In this regard, the Committee takes due note of the Government’s indication that the National Labour Board has reviewed the Labour Code and that a report has been submitted to the relevant authority for necessary action. The Committee trusts that the revised text of the Labour Code will clearly set out the principle of equal remuneration for men and women for work of equal value – which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value – and will ensure that the principle of the Convention can be applied even where there is no sufficient comparator group employed by the employer. It requests the Government to report on the progress made.

Remuneration. The Committee recalls its previous comments regarding the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” referred to in sections A5, C3, C4(1) and E8(1) of the Labour Code. The Committee had noted that the definition of “gross wage” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, but that it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. While noting the Government ‘s indication that the terms “wages”, “gross wages”, and “remuneration” were used interchangeably in practice, the Committee noted that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the review of the Labour Code, the Committee requests the Government to ensure that the revised text will harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” which covers not only the ordinary, basic or minimum wage or salary but also 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, in accordance with Article 1(a) of the Convention. The Committee requests the Government to report on the progress made in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Article 2 of the Convention. Promoting application of the principle. In the absence of any concrete information on this matter, the Committee reiterates its request to the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. The Committee also requests the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Gender Affairs Department.

Determination of rates of remuneration. In its previous comments the Committee noted that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability. The Committee notes with regret that the Government’s report once again does not provide any further information on the way in which it ensures that rates of remuneration are determined free from gender bias. The Committee, therefore, urges the Government to indicate the specific manner in which it ensures that, in determining wage rates in collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. Noting that no further information has been provided, the Committee once again requests the Government to indicate the specific criteria used for the classification of posts under the different grades and for determination of the corresponding earnings. The Committee also requests the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers concerned, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee recalls that the Public Sector Transformation Unit carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Committee notes that the requested information from the Public Sector Transformation Unit was not attached to the Government’s report nor was any further information provided on the progress made in developing an objective job evaluation mechanism. The Committee urges the Government to provide the census results of the Public Sector Transformation Unit and detailed information on the progress made in the development of an objective job evaluation method for the public service. The Committee also reiterates its requests to the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee reminds the Government of the possibility of availing itself of ILO’s technical assistance in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee once again asks the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value has been addressed, and if so, the result of such discussions. It also requests the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners have been undertaken to promote the application of the principle of the Convention, and the results achieved.

Awareness raising and enforcement. The Committee refers to its previous comments regarding the absence of complaints or cases related to sex discrimination with respect to remuneration. The Committee once again asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate the authorities responsible for enforcement of the principle under the Convention, and how such enforcement has been undertaken in practice. The Committee also requests the Government to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a labour market information system to capture data on the characteristics of the working population, and notes that the Government will provide statistical data once it becomes available. The Committee recalls the importance of gathering accurate statistical data on the earnings of men and women in the various sectors and occupations in order to evaluate the extent and nature of the gender pay gap. The Committee hopes that the Government will make every effort to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings. It further requests the Government to indicate the progress made in this respect, and to provide information on the extent, nature and evolution of the gender pay gap.

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Article 1(a) and (b) of the Convention. Work of equal value. The Committee previously noted that section E8(1) of the Labour Code of 1975, which provides that “no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer”, did not give full legislative expression to the principle of the Convention. The Committee merely recalls that prohibiting sex-based wage discrimination will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” set out in Article 1(b) of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 676). It also recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (see 2012 General Survey, paragraphs 673 and 697). In this regard, the Committee takes due note of the Government’s indication that the National Labour Board has reviewed the Labour Code and that a report has been submitted to the relevant authority for necessary action. The Committee trusts that the revised text of the Labour Code will clearly set out the principle of equal remuneration for men and women for work of equal value – which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value – and will ensure that the principle of the Convention can be applied even where there is no sufficient comparator group employed by the employer. It requests the Government to report on the progress made.

Remuneration. The Committee recalls its previous comments regarding the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” referred to in sections A5, C3, C4(1) and E8(1) of the Labour Code. The Committee had noted that the definition of “gross wage” appeared to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention, but that it remained unclear whether section C4(1) prohibiting sex discrimination with respect to wages covered the gross wage. While noting the Government ‘s indication that the terms “wages”, “gross wages”, and “remuneration” were used interchangeably in practice, the Committee noted that these various terms were often understood to have distinct meanings, thus potentially giving rise to confusion. Noting the review of the Labour Code, the Committee requests the Government to ensure that the revised text will harmonize the provisions of the Labour Code relevant to wages and remuneration, and include a clear definition of “remuneration” which covers not only the ordinary, basic or minimum wage or salary but also 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, in accordance with Article 1(a) of the Convention. The Committee requests the Government to report on the progress made in this regard.

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

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Article 1 of the Convention. Work of equal value. The Committee recalls that section E8(1) of the Labour Code provides that “no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer”. The Committee notes that the provision does not give full legislative expression to the principle of the Convention. The Committee notes that merely prohibiting sex-based wage discrimination will not normally be sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” set out in Article 1(b) of the Convention (General Survey on fundamental Conventions, 2012, paragraph 676). Section E8 is also limited to comparing female and male workers “in the same occupation” and who are employed “by the same employer”. The Committee recalls the importance of giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, particularly given the existence of occupational sex segregation, as women and men often work in different occupations (General Survey, 2012, paragraphs 673 and 697). To limit comparisons to men and women employed in the same occupation undermines the application of the principle of “work of equal value”. The Committee recalls that as effective application of the principle is needed, where women are more heavily concentrated in certain sectors or occupations, there is a risk that the possibilities for comparison at the enterprise or establishment level will be insufficient (General Survey, 2012, paragraph 698). The Committee again asks the Government to set out clearly in the Labour Code the principle of equal remuneration between men and women for work of equal value, which should not only provide for equal remuneration for men and women working in the same occupations, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value, and ensure that the principle of the Convention can be applied even where there is no sufficient comparator group employed by the employer.

Remuneration. The Committee recalls its previous comments regarding the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” referred to in sections A5, C3, C4(1) and E8(1) of the Labour Code. The Committee notes the Government’s indication that the terms “wages”, “gross wages”, and “remuneration” are used interchangeably in practice. The Committee notes, however, that these various terms are often understood to have distinct meanings, thus potentially giving rise to confusion. To avoid confusion and ensure the terms used in the Labour Code related to remuneration are interpreted broadly in the context of the right to equal remuneration for work of equal value, the Committee asks the Government to take steps to harmonize the provisions of the Labour Code relevant to wages and remuneration, and to insert a clear definition of “remuneration” in accordance with Article 1(a) of the Convention.

Article 2. Promoting application of the principle. The Committee notes the Government’s indication that the Labour Department uses social media that is updated regularly with vital information for the general public, and from time to time officers use electronic and print media to educate the public on the various aspects of labour administration. The Committee asks the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. Please also provide information on any other measures taken to promote the principle in practice, including relevant activities of the Gender Affairs Department.

Determination of remuneration. The Committee recalls that the Government previously indicated that remuneration is determined through a process of negotiation of collective agreements or companies granting increases through profitability or cost-of-living adjustments, or based on affordability. The Committee notes that the Government repeats its general reply that the determination of remuneration in collective bargaining is not gender biased. No further information, including copies of collective agreements, has been provided by the Government. The Committee therefore asks the Government once again to indicate the specific manner in which it is ensured that, in determining wage rates in the collective agreements, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee notes the Government’s general reply that the classification of posts and grades in the civil service is done under instructions of the Public Service Commission. The Committee considers that it remains unclear whether the criteria used in the classification of posts and corresponding earnings are free from gender bias. The Committee reiterates its request to the Government to indicate the specific criteria used for the classification of posts under the different grades and for determination of the corresponding earnings. Please also provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers and the criteria used to determine the category of officers as well as the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee recalls that the Public Sector Transformation Unit carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Committee notes the Government’s indication that the Public Sector Transformation Unit is still in the process of collecting data. The Committee asks the Government to provide further information on the outcome of the census undertaken by the Public Sector Transformation Unit and any progress made in the development of an objective job evaluation mechanism for the public service. Noting that information received by the Government from the Public Sector Transformation Unit was not attached to the Government’s report, the Committee asks the Government to forward this information. The Committee also asks the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the Labour Department hosts a “Labour Matters” programme once a week on the local television station that provides information on all aspects of labour administration through a tripartite panel discussion. The Committee asks the Government to provide information regarding whether in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value has been addressed, and if so, the result of such discussion. The Committee also reiterates its request to the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention, and the results achieved.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that there have been no reported cases of discrimination regarding the principle of the Convention. The Committee once again recalls that the absence of complaints regarding unequal remuneration is likely to indicate the 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 (General Survey, 2012, paragraph 870). The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value, among workers and employers and their organizations. The Government is also requested to indicate the authorities responsible for enforcement of the principle under the Convention, and how such enforcement has been undertaken in practice. Please also provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors.

Part V of the report form. Statistics. The Committee notes that a national census was carried out in 2011, but that the results have not yet been published. The Committee notes further from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Labour Department is in the process of implementing a labour market information system to capture data on the characteristics of the working population. The Committee hopes that the Government will soon be in a position to provide statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings, as well as information on the evolution of the gender pay gap, and asks the Government to provide information on the progress made in this regard.

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Article 1(a) and (b) of the Convention. Legislative provisions – equal remuneration for men and women for work of equal value. The Committee recalls its previous comments drawing attention to the confusion regarding the use and definitions of the terms “wages”, “gross wages”, “remuneration” and “conditions of work” referred to in sections A5, C3, C4(1) and E8(1) of the Labour Code. It also recalls that the definition of “gross wage” (section C3) appears to be in accordance with the definition of remuneration set out in Article 1(a) of the Convention but that it is unclear whether section C4(1) prohibiting discrimination by reason of sex with respect to “wages” covers the “gross wage”. In addition, section E8(1) limits the principle of equal remuneration to men and women employed “in the same occupation and by the same employer”, which is narrower than the concept of “work of equal value” provided for in Article 1(b) of the Convention, and which limits the application of the principle to comparisons between men and women employed in the same establishment or enterprise. Considering the uncertainty regarding the meaning of the provisions in the Labour Code on remuneration and wages, and the narrow concept referred to in section E8(1) that does not include “equal value”, the Committee asks the Government to harmonize the provisions of the Labour Code so as to insert a clear definition of “remuneration” in accordance with Article 1(a) of the Convention, and to set out clearly the principle of equal remuneration between men and women for work of equal value, which should not only provide for equal remuneration for men and women performing the same jobs or occupations, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value.

Article 2. Determination of remuneration. With reference to its previous comments regarding the application of the principle through collective agreements, by companies granting increases based on profitability or cost-of-living adjustments, or based on affordability, the Committee notes the Government’s general reply that collective bargaining and collective agreements have ensured equality for men and women, without gender bias, in the determination of remuneration and wage increases. However, no copies of collective agreements or further information are provided demonstrating that rates of remuneration for men and women are being determined without discrimination based on sex, and without gender bias. The Committee therefore asks the Government once again to indicate the specific manner in which it is ensured that determination of remuneration through collective agreements complies with the principle of equal remuneration between men and women for work of equal value and is free from gender bias. Recalling further that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee reiterates its request to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee previously requested information regarding sections 4(1)(a) and (b) of the Civil Service Act, 1984 and the First Schedule of the Civil Service Regulations, 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. The Committee notes the Government’s general reply regarding the classification of posts and grades in the civil service, which does not clarify the criteria used to ensure that the classification of posts and corresponding earnings has been determined free from gender bias. The Committee reiterates its request to the Government to indicate the specific criteria used for the classification of posts under the different grades and determination of the corresponding earnings. Noting that due to technical difficulties the requested statistics, disaggregated by sex, on the number of men and women in the various grades and posts in the civil service and the corresponding earnings could not be accessed, the Committee trusts that such information will be included in the Government’s next report. Please also provide copies of any remuneration orders issued by the Minister authorizing allowances for certain categories of officers and the criteria used to determine the category of officers as well as the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Public Sector Transformation Unit, created “to assess the job evaluation for public sector workers”, carried out a census among public sector employees with a view to gathering information including on qualifications, current posts and job descriptions, over-employment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties. The Government also states that an objective job evaluation mechanism will be developed in the overall proposed transformation of the public service. Evaluation of the statistics of the census is at an advanced stage. The Committee draws the Government’s attention to the fact that under the terms of Article 3 of the Convention, objective job evaluation is required to measure the relative value of jobs with different content on the basis of the work to be performed. The Committee asks the Government to provide further information on the outcome of the census undertaken by the Public Sector Transformation Unit and any progress made in the development of an objective job evaluation mechanism for the public service. The Committee also asks the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee reiterates its request to the Government to indicate whether and how the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention, and the results achieved.

Parts III and IV of the report form. The Committee notes the Government’s statement that inequalities regarding remuneration between men and women for work of equal value do not exist, and that no such practices have been reported by the labour inspectorate or by workers’ organizations. The Committee draws the attention of the Government to the fact that the absence of complaints regarding inequalities in remuneration is likely to indicate a lack of awareness of the rights, a lack of confidence in or absence of practical access to the procedure, or fear of reprisals. It could also indicate that the system of recording violations is insufficiently developed. The Committee asks the Government to provide detailed information on any measures taken or envisaged to raise awareness of the relevant legislation and of the avenues of dispute resolution, among workers and employers and their organizations, as well as authorities responsible for enforcement of the principle. The Government is also requested to indicate more specifically the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please continue to provide information on the number, nature and outcome of cases involving sex discrimination with respect to remuneration dealt with by courts, the labour commissioner and labour inspectors.

Part V of the report form. In the absence of any concrete information on this point, the Committee invites the Government once again to provide detailed information, which could include any reports, guidelines or publications, as well as copies of legislation adopted, collective agreements and administrative and judicial decisions, and any other information that will enable the Committee to assess the application of the principle of the Convention in practice. The Committee further asks the Government to supply statistical data, disaggregated by sex, on the distribution of men and women workers in the various occupations or sectors of the economy, along with their corresponding earnings and the gender wage differentials. Please also provide information on any activities carried out by the Gender Affairs Department to promote the principle of equal remuneration for men and women for work of equal value.

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The Committee notes the Government’s very brief first and second reports. It asks the Government to provide detailed information with respect to the following matters.

Article 1(a) and (b) of the Convention. Equal remuneration for men and women for work of equal value – legal provisions. The Committee notes that, according to the Government’s report, equal remuneration for “equal work” is provided for in section E8 of Labour Code No. 14, 1975, which states that no woman shall, merely by reason of her sex, be employed under terms or conditions of employment less favourable than that enjoyed by male workers employed in the same occupation and by the same employer. Furthermore, the Committee notes that section C4 of the Labour Code provides that no employer shall discriminate with respect to any person’s “wages” by reason of sex. The Committee notes that, under section A5 of the Labour Code, the definition of “conditions of employment” includes “remuneration”, and that “wages” is defined as “any money or other thing paid or contracted to be paid, delivered, or given at periodic intervals, as recompense, reward, or remuneration for services or labour done or to be done”. The Committee also notes that, for the purposes of Division C (Basic Employment), section C3 defines “gross wage” as “the total remuneration for services received in money, in kind, and in privileges or allowances, including gratuities and premium pay”. The Committee notes that the term “remuneration” is not further defined anywhere in the Labour Code and recalls the broad definition of remuneration set out in Article 1(a) of the Convention.

The Committee recalls its 2006 general observation on this Convention and points out that equal remuneration for “equal work” is a concept which is narrower than equal remuneration for “work of equal value” provided for in Article 1(b) of the Convention, which also requires that men and women performing jobs of a different nature, but which are nonetheless of equal value, receive equal remuneration. Moreover, the application of the principle of equal remuneration between men and women for work of equal value is not limited to comparisons between men and women in the same establishment or enterprise. The Committee also considers that uncertainty exists as to the relationship between section C4, prohibiting sex discrimination with respect to wages, and section E8(1) of the Labour Code, prohibiting less favourable treatment between men and women with respect to conditions of employment, which includes remuneration. Furthermore, the lack of clear definitions and the apparent interchangeable use of terms such as “wages”, “gross wage” and “remuneration” is likely to lead to additional confusion as to whether or not, in the context of the Labour Code, the principle of the Convention applies to all elements of remuneration as defined in Article 1(a) of the Convention. The Committee therefore asks the Government:

(i)    to clarify the interrelationship between the definitions in sections A5 and C3 of the Labour Code 1975, and to indicate how “remuneration” is being defined in the context of the Labour Code;

(ii)   to clarify the interrelationship between sections C4 and E8(1) of the Labour Code; and

(iii) to take steps to amend the Labour Code to set out clearly the principle of equal remuneration between men and women for work of equal value, which should not only provide for equal remuneration for equal work, but also for equal remuneration for work carried out by men and women that is different in nature but nevertheless of equal value.

Article 2. Determination of renumeration. The Committee notes that, according to the Government’s report, remuneration is determined through a process of negotiation of collective agreements or companies granting increases through profitability or cost-of-living adjustments. It is also determined by affordability or by national standards. The Committee welcomes the fact that a minimum wage has been established for all occupations by virtue of the Minimum Wages Order, 2008. The Committee asks the Government to indicate the manner in which it is ensured that determination of remuneration through collective agreements complies with the principle of equal remuneration between men and women for work of equal value and is free from gender bias. Noting that affordability and profitability alone are not sufficient criteria to ensure that men and women receive equal remuneration for work of equal value, the Committee also asks the Government to indicate the measures taken to ensure that companies, when determining remuneration, including wage increases, use methods and criteria free from gender bias and without discrimination based on sex.

Civil service. The Committee notes that, pursuant to section 4(1)(a) and (b) of the Civil Service Act, 1984, the Minister by Order determines the rates of pay and establishes the allowances in addition to the pay for officers classified in the First Schedule. The Committee notes the classification (A–C) of grades in the civil service laid down in the First Schedule of the Civil Service Regulations, 1993. Pursuant to section 73(1) of the Regulations, the Minister may, by Remuneration Order, authorize payment of any allowances specifying therein the rate of pay of such allowance, the category of officers receiving such allowances and the nature of such allowance. The Committee asks the Government to indicate the criteria used for the classification of posts and the corresponding rates of pay, and to provide information, disaggregated by sex, of the number of men and women in the various grades of the civil service and their corresponding earnings. The Committee also asks the Government to provide copies of any remuneration orders issued by the Minister authorizing allowances for certain categories of officers and the criteria used to determine the category of officers as well as the rate and nature of allowances received.

Article 3. Objective job evaluation. The Committee notes that the Government’s report does not contain any information on the manner in which the Government promotes the objective evaluation of jobs on the basis of the work performed. The Committee recalls its general observation of 2006 on the Convention and draws the Government’s attention to the importance of the use of objective job evaluation methods in order to establish whether jobs performed by men and women, even if they are of a different nature, are of equal value. The Committee asks the Government to provide information on measures taken or envisaged in both the public and private sectors, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes from the Government’s report that the National Labour Board has responsibility for regularly reviewing the Labour Code in the light of the development of social and economic needs of the country. It also notes that the National Economic and Social Council may undertake research and surveys in any areas of social and economic activity, and shall monitor the implementation and results of all legislative and other measures pertaining to social and economic policies. The Committee asks the Government to indicate whether the National Labour Board and the Social Economic Council have given consideration to the issue of equal remuneration between men and women for work of equal value. Please also provide information on any other forms of cooperation or joint activities of the Government and the social partners to promote the application of the principle of the Convention, and the results that have been obtained.

Parts III and IV of the report form. The Committee notes that no information has been included on relevant judicial decisions that have been handed down on issues of principle relating to the application of the Convention, and that no violations have been reported by the labour inspection services. The Committee asks the Government to provide detailed information on the manner in which the competent national authorities have enabled enforcement of the principle of equal remuneration for men and women for work of equal value. In this regard, please provide information on the number, nature and outcome of cases involving sex discrimination with respect to remuneration dealt with by courts, the labour commissioner and labour inspectors.

Part V of the report form. The Committee notes that a Gender Affairs Department has been established in the Ministry of Labour, Public Affairs and Empowerment. The Committee further notes that the Government’s report does not include any further information enabling it to assess how the principle of equal remuneration between men and women for work of equal value is applied in practice. The Committee therefore invites the Government to provide detailed information, which could include any reports, guidelines or publications, as well as copies of legislation adopted, collective agreements and administrative and judicial decisions, and any other information that will enable the Committee to assess the application of the principle of the Convention in practice. The Committee further asks the Government to supply statistical data, disaggregated by sex, on the distribution of men and women workers in the various occupations or sectors of the economy, along with their corresponding earnings and the gender wage differentials. Please also provide information on any activities carried out by the Gender Affairs Department to promote the principle of equal remuneration for men and women for work of equal value.