Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

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

1. The Committee notes the Government’s statement that rates of remuneration are determined, among others, by labour market forces using the principle of demand and supply. It also notes that, pursuant to section 54(3)(b), the Minister, in describing minimum wages, "shall, as far as possible, consider economic factors, including requirements of economic development, levels of productivity and any effect the wage may have on employment". The Committee asks the Government to provide statistics on minimum wage rates in the various sectors of activity and occupations as well as on the corresponding percentage of men and women employed in these sectors and occupations. Noting also that, pursuant to section 54, representative employers’ and workers’ organizations are involved in the setting of minimum wages, the Committee asks the Government to indicate the manner in which it encourages the social partners to apply equal remuneration for men and women workers for work of equal value in wages orders prescribing minimum wages.

2. With respect to the salaries and wages in the civil service, the Committee notes that the Government’s report again omits to provide the necessary statistics, disaggregated by sex. Referring to its previous comments on this point, the Committee asks the Government, once more, to provide these data with its next report.

3. The Committee notes from the Government’s report that employers who have been found to violate the principle of equal remuneration, agree to pay arrears to women workers who receive lower wages; therefore, such violations are never brought before a court of law or similar institutions. It would be grateful if the Government would provide information on the number and the nature of the cases in which employers have paid arrears to women workers, as well as information on any judicial and administrative decisions, including by the Ombudsperson and the Human Rights Commission, concerning cases of alleged wage discrimination, if the occasion occurs. Noting further that the Government’s report does not contain a reply to its previous request, the Committee asks the Government to provide information on the activities carried out and methods used by labour officers to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

4. Further to its observation, the Committee asks the Government to provide information on the results of the promotional measures to facilitate access of women to education and vocational training carried out under the National Gender Policy (2000-05), and to indicate how they contribute to the reduction of pay disparity between men and women workers.

5. Noting that through collective agreements, employers and organized workers can provide for ways and means for promoting an objective appraisal of jobs on the basis of the work to be performed, the Committee reiterates its request to the Government to provide information on job appraisals that have been carried out through such collective agreements as well as through any legally established or organized machinery for the determination of wages.