Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

Article 2 of the Convention. Application of the principle by collective agreements. The Committee previously referred to section 63(2)(a) and (b) of the Equal Opportunities Act, 2006, which renders void terms of collective agreements which are unlawful by virtue of the Act. It notes the Government’s indication, in its report, that this provision has never been invoked by any party to a collective agreement. The Government adds that there is currently no collective agreement which contains a clause on equal remuneration for men and women for work of equal value. In order to enable the Committee to assess the application in practice of section 63(2)(a) and (b) of the Equal Opportunities Act, the Committee requests the Government to provide information on any future court decisions applying this provision. Recalling that examining collective agreements from the perspective of equal remuneration between men and women for work of equal value can be a useful first step towards addressing the gender pay gap through the collective bargaining process, the Committee encourages the Government to take specific measures to raise awareness of the equal remuneration provisions among workers, employers and their representatives. It also requests the Government to provide a copy of any collective agreements that contain specific clauses regarding equal remuneration for men and women for work of equal value.

Minimum wages. Domestic workers. The Committee previously noted that section 3(2)(c) of the Conditions of Employment (Standard Minimum Wage) Order, 2001, as amended in 2014, appears to continue to exclude domestic workers. It takes note of the Government’s commitment to consider reviewing the legislation so as to include domestic workers in the scope of the Order. Recalling that domestic work is usually characterized by a high proportion of women and particularly low wages, the Committee requests the Government to provide information on any revision process of the Conditions of Employment (Standard Minimum Wage) Order, 2001, initiated in order to include domestic workers in the scope of the Order. Taking note of the Government’s indication that statistical data on the number of men and women employed as domestic workers will be provided in due course, the Committee hopes that the Government will soon be in a position to provide updated information on the number of men and women employed as domestic workers, as well as on their respective earnings.

Promotion and enforcement of the principle of the Convention. Referring to its previous comments on the activities of the Gibraltar Citizens Advice Bureau (CAB), which is responsible for promoting and raising awareness on equal treatment, the Committee notes the Government’s general indication that CAB is collaborating with workers’ and employers’ organizations. It further notes that a Consultation Paper on the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act, 2006, was published on 12 October 2015 by the Government and remained open to public comments during two weeks. The Committee requests the Government to provide detailed information on any activities carried out by the Citizens Advice Bureau concerning specifically the principle of the Convention, indicating how it collaborates with workers’ and employers’ organizations in this regard by providing examples of such collaboration. Noting the absence of judicial or administrative decisions and violations detected or reported on the implementation of the principle of the Convention, the Committee requests the Government to provide information on the measures taken to enhance the capacity of the labour inspectors, judges and other public officials, to identify and address issues regarding equal remuneration for work of equal value, and to provide detailed information in this regard. It also requests the Government to provide information on the outcomes of the Consultation Paper published in 2015 on the establishment of an Equal Opportunities Commission, as provided for under section 79 of the Equal Opportunities Act, as well as on any progress made in this regard.