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

Equal Remuneration Convention, 1951 (No. 100) - Seychelles (Ratification: 1999)

The Committee notes the observations of the Seychelles Federation of Workers’ Unions (SFWU) and of the Association of Seychelles Employers (ASE) communicated with the Government’s report.

Article 2 of the Convention. Work of equal value. Legislative developments. In reply to the Committee request for information on the adoption of the proposed amendments to the revised Employment Act of 1995, the Government indicates in its report that the adoption of the Bill is being delayed. However, the Employment Bill 2016, explicitly provides for equal remuneration for men and women for work of equal value under section 48.(1): “all workers performing work which is the same, or broadly similar or different but of equal value in terms of demand such as effort, skills, responsibilities, decision-making and conditions of work, will have the right to equal treatment, in particular equal pay, by their employer and any differences must be for a genuine and material reason, as determined by an objective job evaluation”. Further, under section 48.(9), the Bill states that “For the purpose of this section … ‘pay’ includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. Taking note of this information, the Committee expresses the firm hope that the new Employment Bill, as revised, will be adopted as soon as possible and requests the Government to keep it informed of any developments in this regard

Articles 1 and 2. Assessment of the gender pay gap. In its previous comment, the Committee, noting that the average gender pay gap for all occupational groups is around 20 per cent (37 per cent for service and sales workers, 24 per cent for managers, 23 per cent for elementary occupations and 16 per cent for professionals), asked the Government to continue providing up-to-date statistical data on remuneration levels by sector and occupational group, disaggregated by sex; and to indicate the steps taken or envisaged to determine and address the structural and underlying causes of the gender pay gap. The Government states that no recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex has been collected since 2012. The Committee notes that, in its observation, the ASE expresses the need that a survey or research should be conducted to find out if there is a gender pay gap in the Seychelles. In that regard, the Committee notes that in its report on Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government indicates that technical research conducted in 2012–15 on labour market issues including discrimination and equal remuneration for work of equal value has been realized but that its findings are yet to be published. The Committee wishes to recall that, some of the underlying causes of pay inequality have been identified as the following: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey on fundamental Conventions, 2012, paragraph 712). Therefore, an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women. In order to undertake an assessment of the evolution of the nature and extent of the pay gap in the country, the Committee reiterates its request to the Government to provide updated statistical data on remuneration levels by sector and occupational group, disaggregated by sex. The Committee also requests the Government to provide it with the findings of the Technical Research of 2012–15 on the labour market regarding gender issues, in particular gender pay gap.

Article 3. Application of the principle. Objective job evaluation. Noting the Government’s statement that the Ministry of Labour and Human Resource Development is promoting the principle of objective job evaluation in the private sector, the Committee asked the Government to provide information on the methodology used when determining wage rates in this sector, and how it is ensured that the principle of equal remuneration for men and women for work of equal value is taken into account and the criteria used are free from gender bias. The Committee notes from the latest Government’s declarations that wage rates are not determined by any methodology in the private sector as employers are free to make their own evaluation. A complaint of discrimination on the basis of gender could be registered at the Ministry by a worker who has been offered a contract that breaches the principle of equal remuneration for men and women for work of equal value. The Committee wishes to recall that the State has an obligation to ensure that the principle of the Convention is applied in the private sector and that various means exist to promote or ensure the use of objective evaluation methods, such as for example: predetermined job evaluation systems to determine the value of jobs; guidelines for establishing gender-neutral job classifications; non-sexist checklists for the evaluation and classification of jobs. The Committee asks the Government to provide information on the measures taken or envisaged to promote the use of objective job evaluation methods in the private sector, so as to ensure that skills considered to be “female” (such as manual dexterity and those required in the caring professions), are not undervalued or even overlooked, in comparison with traditionally “male” skills (such as heavy lifting), in particular in predominantly carried out by women occupations or sectors.

Minimum Wage. The Committee asked the Government to provide information on the effective enforcement of the minimum wage, including any obstacles encountered, in particular in sectors in which women predominate. The Committee notes the indication of the Government that, with regard to the various complaints received by the Employment Department – including that of Minimum Wage issues – the Labour Monitoring and Compliance Section within the Employment Department conducts regular site visits to verify labour conditions, through routine visits, follow-up visits and investigations. In the event that a violation of the minimum wage is detected on site visits, the employer is informed with regard to the adjustment and back payment required, and the need for proof of same to be submitted to the Ministry for verification. Failure to adhere to the request of the Competent Authority may lead to prosecution as they constitute an offence under the Employment Act 1995. Workers may also register their grievance to claim Minimum wage and cases are mediated by Competent Officers of the Employment Department. In this regard, the Committee also notes the observation of the SFWU that the introduction of a National Minimum Wage makes it more difficult for workplaces to practice wage discrimination based on gender. However, in the absence of recent statistical data on remuneration levels by sector and occupational group, disaggregated by sex, the Committee is not in a position to assess the impact of the national minimum wage on the average gender pay gap for all occupational groups. The Committee wishes to stress that, as women predominate in low-wage employment, the setting of minimum wages is an important means by which the Convention is applied in practice, as well as by improving the wages of low-paid workers and enforcing the payment of minimum wages (see 2012 General Survey, paragraphs 682 and 872). Noting that the information provided by the Government concerns the general enforcement of the regulations on minimum wage and not of the principle of the Convention, the Committee asks the Government to provide information on how it is ensured in practice that: (i) the criteria currently applied in setting minimum wages are free from gender bias; (ii) female-dominated occupations are not undervalued in comparison with those undertaken by men who are performing different work which is nevertheless of equal value; and (iii) those who set minimum wages have a solid grasp of the principle of equal remuneration for men and women for work of equal value as set out by the Convention. Please also provide updated statistical information on the percentage of women and men who are paid the national minimum wage, as well as on the number of workers who are reportedly paid below the minimum wage.