Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Equal Remuneration Convention, 1951 (No. 100) - Eswatini (Ratification: 1981)

With reference to its previous direct requests, the Committee notes that the Government merely repeats that the observance of the principle of equal remuneration for work of equal value in all collective agreements will be considered in the course of amending the Industrial Relations and Employment Acts.

Noting that the Office submitted a technical memorandum to the Government on the revision of Swazi labour legislation, the Committee would ask it to inform it of any changes in national legislation which take into account this statement by the Government.

In addition, it would again ask the Government to give specific replies on the following points:

1. The Committee requests the Government to provide an explanation of the criteria and the procedures used in devising the job classifications and wage rates contained in collective agreements, in particular for those agreements covering the employment of a significant number of women (such as may be for the agreement concluded between the Central Bank of Swaziland and the Swaziland Union of Financial Institutions and Allied Workers, dated 23 June 1989).

2. Noting that the Third Schedule "Weekly ration scale" to the collective agreement concluded for the Swaziland manufacturing and refining industry establishes different ration entitlements for married and single employees and that note (1) of the schedule defines a married employee to be "an employee who has registered a wife with the employing company subject to the registration rule, and whose wife is normally resident in the State with the employee", the Committee draws attention to Article 1(a) of the Convention, under which the term "remuneration" includes not only the basic wage but also any additional emoluments payable directly or indirectly whether in cash or in kind. It thus requests the Government to indicate the measures taken or under consideration to ensure that such benefits as food rations are allocated or provided without discrimination on the basis of sex.

3. As regards the manner in which the principle of equal remuneration is applied with respect to all elements of remuneration paid or granted to public sector employees, the Committee notes that the provisions concerning the allocation of government quarters (contained in the General Orders) refer to houses owned by an "officer and his wife" (sections A704, A705(4) and A706). The Committee thus requests the Government to indicate the measures taken or contemplated to ensure the application of the principle of equal remuneration to public sector employees (regarding not only the basic salary, but also any other additional emoluments whatsoever, including housing and family allowances).

4. The Committee also requests the Government to provide, in its next report, full information concerning the implementation of the Convention, including (i) the salary scales applying in the public sector, with an indication of percentages 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 broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the percentage of women employed in different occupations or sectors.

5. The Committee requests the Government to provide information on any cases of non-compliance with the principle of the Convention noted by labour inspectors and on any action undertaken for redress of such situations.