Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

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

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

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

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

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

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

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

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

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

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