Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Legislative developments and policy. The Committee notes the Government’s indication that the Employment Bill has been reviewed again by the Labour Advisory Board due to lapse of time and has now been forwarded to the Attorney-General’s Office for alignment. It notes that a copy of the Bill has been sent to the ILO for comments and guidance. As for the National Human Resources Planning and Development Policy (NHRPDP), it remains under review due to capacity constraints which will have an impact on the initial set timelines. It also notes that a National Gender Policy is about to be published, which includes in its strategies the development of mechanisms for the economic empowerment of both women and men to ensure economic independence. The Committee requests the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the Employment Bill, including provisions promoting objective job evaluation on the basis of the work performed. It also requests the Government to provide information on further developments concerning the NHRPDP, and to indicate how it promotes the principle of equal remuneration for men and women for work of equal value. The Committee requests that the Government provide a copy of the above legislation and policy once they are adopted. The Committee also requests the Government to provide more information regarding the implementation of the National Gender Policy in promoting the principle of this Convention.

Article 2 of the Convention. Addressing the gender wage gap. Recalling its previous comments noting the existence of a high gender pay gap in industries with higher compensation, the Committee notes the Government’s indication that it will consider taking concrete measures to address occupational gender segregation and ensure that women have access to such jobs. The Committee notes in this regard that the concluding observations by the Committee on the Elimination of Discrimination against Women (CEDAW) called upon the Government to strengthen efforts aimed at eliminating structural inequalities and occupational segregation, both horizontal and vertical, and to adopt measures to narrow and close the gender pay gap, and among other things, regularly review wages in sectors in which women are concentrated (CEDAW/C/SWZ/CO/1-2, 2014, paragraph 33(b)). The Committee also notes the Government’s indication that measures to analyse the underlying causes of the gender wage gap have not yet been initiated. The Committee once again requests the Government to consider taking concrete steps to analyse the underlying causes of the gender wage gap, and to take appropriate measures to reduce such a gap, including measures to increase access of women to a wider range of occupations, including women concentrated in low-paid jobs in the informal economy (see CEDAW/C/SWZ/CO/1-2, 2014, paragraph 70). It invites the Government to provide information regarding such efforts in its next report. The Committee requests once again the Government to provide detailed information on how the National Development Strategy, the Poverty Reduction Strategy and Action Plan (PRSAP), as well as the Citizens Empowerment Bill, address the issues of the gender wage gap and occupational segregation.

Application in practice. Minimum wages. The Committee notes from the Government’s report that tripartite wage councils do not make distinctions based on sex, and that the job itself is graded on the basis of its requirements and not the persons occupying such job. The Committee recalls that such measures in themselves are not sufficient to ensure that there is no gender bias in the process of determining the minimal wage (General Survey on fundamental Conventions, 2012, paragraph 683). It also recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (General Survey on Fundamental Conventions, 2012, paragraph 683). The Committee requests the Government to provide information on specific job evaluation methods used by wage councils, and to indicate how it is ensured that such methods are free from gender bias and do not result in the undervaluation of jobs predominately undertaken by women.

Article 3. Objective job evaluation. Noting the Government statement that its role in promoting objective job evaluation in the private sector is limited to ensure that fairness prevails when conducting job evaluations, the Committee wishes to draw the attention of the Government to the fact that there are various means used by member States to promote and ensure the use of objective job evaluation methods in the private sector such as, for example, the formulation of guidelines for establishing gender-neutral job classification or non-sexist checklist for the evaluation and classification of jobs. The Committee requests the Government to indicate how it ensures concretely that job evaluation methods used in the private sector are gender bias free.

Enforcement. The Committee notes from the Government’s report that the training provided to labour inspectors on the principle of the Convention has been extended to the members of the Conciliation Mediation and Arbitration Commission (CMAC), but not yet to judges. It also notes the Government’s indication that no complaints have been reported related to the principle of equal remuneration for work of equal value. The Committee recalls that where no cases or complaints are being lodged, this is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see General Survey on fundamental Conventions, 2012, paragraph 870). The Committee therefore invites the Government to continue its effort to raise awareness of the principle of equal remuneration for work of equal value between women and men among judges despite their busy schedule and to collect and publish information on the nature and outcome of discrimination and equal remuneration complaints and cases addressed by judicial and administrative bodies as a means towards such awareness-raising efforts.

Statistics. The Committee notes the Government’s indication that statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings, is not available. The Committee recalls that such statistics are required to fully address the continuing remuneration gap between women and men (see General Survey on fundamental Conventions, 2012, paragraph 887). The Committee requests the Government to provide a copy of the latest Labour Force Survey in its next report, as well as more information on steps taken to collect and compile statistical information disaggregated by sex on the number of men and women respectively employed in the different industries and occupations in the public and private sectors, and their earnings.