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

Equal Remuneration Convention, 1951 (No. 100) - Saint Vincent and the Grenadines (Ratification: 2001)

Other comments on C100

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.
Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.
Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.
Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.
Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.
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