Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

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.