Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Equal Remuneration Convention, 1951 (No. 100) - Malta (Ratification: 1988)

Legislative developments. The Committee previously requested the Government to provide information on the application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, subsequent to the amendment made in 2007, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”. The Committee notes the Government’s general indication, in its report, that “work of equal value” and “remuneration” are determined on a case by case basis by the Industrial Tribunal as these have not been defined by the current legislation. However, the Committee notes that, in its 2018 conclusions, the European Committee of Social Rights (ECSR) concluded that it has not been established that the principle of equal pay is effectively guaranteed in practice (ECSR, conclusions of 2018, p. 12). The Committee further notes that, as highlighted by the European Commission against Racism and Intolerance (ECRI) in its 2018 report, an Equality Bill is under preparation with the aim of presenting the equality legal framework in one comprehensive legislative Act. It further notes that a Human Rights and Equality Commission Bill, which would replace the current National Commission for the Promotion of Equality (NCPE), is also under preparation. Both bills were presented to Parliament in 2017 and are still before Parliament (CRI(2018)19, paragraphs 14 and 18). The Committee reiterates its request to the Government to provide specific information on the practical application of sections 3(A)(1) and 3(A)(2) of the Equal Treatment in Employment Regulations, including by providing concrete examples on the manner in which the terms “work of equal value” and “remuneration” have been interpreted in practice, including by the Industrial Tribunal. It asks the Government to provide a copy of any administrative or judicial decisions concerning equal remuneration for men and women for work of equal value, as well as on any activities undertaken to raise public awareness of the principle of equal remuneration for men and women for work of equal value. The Committee trusts that the Government will seize every opportunity to ensure that any new legislation will explicitly define and give full expression to the principle of equal remuneration between men and women for work of equal value, in particular as regards the manner in which “work of equal value” is determined and what is considered to be included as “remuneration”, and asks the Government to provide information on the status of the Equality Bill and the Human Rights and Equality Commission Bill, as well as a copy of both pieces of legislation once adopted.

Articles 1 and 2 of the Convention. Addressing the gender pay gap. Referring to its previous comments, the Committee notes the Government’s comments concerning the activities carried out by the NCPE in relation to the gender pay gap, such as the organization of a national Conference in 2015, the awarding of the “Equality Mark Certification” to 78 companies by August 2017, as well as awareness-raising activities such as the “PayM€qually” campaign launched in November 2017. It also notes that several initiatives were implemented to enhance women’s participation in decision-making positions. The Committee however notes that, according to the last available Labour Force Survey (LFS) published by the National Statistics Office, although the employment rate of women slightly increased from 59.1 per cent at the end of 2017, to 61.5 per cent at the end of 2018, it remained substantially lower than the employment rate of men (81.2 per cent and 82.3 per cent, respectively). It notes that women are still concentrated in low-paid jobs and continued to be underrepresented in decision-making positions, with only 6.2 per cent of women were employed as managers at the end of 2018, compared to 13.2 per cent of men. The Committee notes with concern that, according to the NCPE annual report, in 2017, women represented only 28.2 per cent of civil servants employed in the top five salary scales, compared to 71.8 per cent of men. It further notes that, according to the LFS, the average annual basic salary of women employed in the same economic activity or in the same occupational group as men was systematically substantially lower than that of men, and that the average pay differentials between men and women increased from 17.9 per cent at the end of 2017, to 18.9 per cent at the end of 2018 (Labour Force Survey (Q4/2018), tables 4 and 10–15, 25 March 2019). It notes that, according to Eurostat, the unadjusted gender pay gap increased from 9.7 per cent in 2013 to 12.2 per cent in 2017. In light of the increasing gender pay gap, the Committee urges the Government to strengthen its efforts to take proactive measures, in collaboration with employers’ and workers’ organizations and the NCPE or any other relevant institution, to raise public awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It asks the Government to provide information on the specific measures taken to reduce and address the gender pay gap, including by addressing occupational gender segregation and promoting women’s access to high-level positions and higher-paid jobs and by encouraging more girls to take up Science, Technology, Engineering and Mathematics (STEM) subjects which can lead to better paid and more secure jobs. It asks the Government to continue to provide updated statistical information on the earnings of men and women in the public and private sectors, disaggregated by economic activity and occupation.

Article 3. Objective job evaluation. The Committee previously requested the Government to provide information on the measures taken to implement the recommendations of the NCPE regarding the adoption of a national system of objective job evaluation. Noting the Government’s statement that it needs to be ensured that the principle of the Convention is implemented in practice to continue combating gender discrimination in employment, the Committee wishes to recall that no society is free from discrimination and constant efforts are needed to take action against it. Furthermore, the principle of equal remuneration for men and women for work of equal value requires the use of appropriate techniques for objective job evaluation to determine and compare the relative value of work, comparing factors such as skills, effort, responsibilities, and working conditions, using criteria that are free from gender bias. In particular, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see General Survey of 2012 on the fundamental Conventions, paragraphs 675 and 701). The Committee again asks the Government to indicate the measures taken to promote the development and use of job evaluation methods based on objective criteria in the private sector, in collaboration with employers’ and workers’ organizations, as well as in the public sector. It asks the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.