Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Equal Remuneration Convention, 1951 (No. 100) - Zimbabwe (Ratification: 1989)

The Committee notes the information provided by the Government in its first report.

1. The Committee notes that pursuant to section 5(1) of the Labour Relations Act, 1984, discrimination on various grounds, including sex, is proscribed in relation to all private sector employment as concerns the "determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits" (subsection (d)); and, inter alia, in relation to "classification" (subsection (c)). According to section 5(6), discrimination is deemed to have occurred where an act or omission causes or is likely to cause less or more favourable treatment to persons of the other sex (among other grounds). The Committee also notes from the report that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations issued pursuant to Part IX of the Act, are established usually on the basis of job evaluation.

The Committee would observe, however, that the legislation does not require an objective appraisal of jobs. In the absence of any reference to the criteria or basis on which the work undertaken by a woman might be compared with the work undertaken by a man for the purpose of equal pay, the provisions of the legislation do not appear sufficient to enable a woman to pursue a claim for equal remuneration for work of equal value.

Accordingly, the Committee requests the Government to consider taking measures to ensure that the principle of the Convention is given legislative expression. The Committee hopes that the Government will also consider proscribing direct and indirect discrimination in regard to the criteria used in job evaluation systems.

2. The Committee requests the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. In this connection, the Committee refers to a publication entitled "The Working Conditions of Female Workers in the Food Processing Industry in Zimbabwe" (Zimbabwe Institute of Development Studies, October 1986) which indicates that casual workers, as opposed to permanent workers, employed under the Food-processing Industry Employment Regulations (Statutory Instrument 716 of 1982) are not protected by provisions regarding minimum wages or other conditions of work.

3. The Committee has noted the provisions of the plant-level collective bargaining agreement for the National Glass (Private) Ltd. Unfortunately, other documents said to be attached with the Government's report were not received. The Committee therefore requests the Government to provide, with its next report, the texts of some collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed, together with an indication of the percentage of women employed in the different grades set down in those regulations.

4. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged (by, for example, the Department of Women's Affairs or the Zimbabwe Institute of Development Studies) with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

5. The Committee requests the Government to provide information on the number of inspection visits made, and the nature and number of violations concerning remuneration reported to, or observed by, the labour relations officers and labour inspectors.

6. Noting from the report that promotional activities related to the Convention are undertaken by the Government, employers' and workers' organisations, the Committee would be grateful if the Government would provide more particulars concerning the nature of these measures.