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

Equal Remuneration Convention, 1951 (No. 100) - Antigua and Barbuda (Ratification: 2003)

Article 2 of the Convention. Promoting the application of the principle. In its previous comments the Committee requested the Government to provide specific information on the use of social media, electronic and print media to promote the application of the principle of equal remuneration for men and women for work of equal value, and the results thereof. It also requested the Government to provide information on any other measures taken to promote the principle in practice, including relevant activities of the Directorate of Gender Affairs (DGA). The Committee notes the Government’s indication that, despite limited resources, the DGA has made a significant effort to undertake promotional activities, such as the consistent use of social media, or print and electronic media, to create awareness and address issues related to equal remuneration (along with other issues affecting women in the workforce), as outlined in its 2018–22 Action Plan. The Committee notes the recommendations made by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2019 concluding observations, that the State, in collaboration with the media, should expand public education programmes on the negative impact of discriminatory gender stereotypes on the enjoyment by women and girls of their rights, with a view to eliminating stereotypical attitudes and tolerance of gender-based violence against women and girls (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 26(b)). The Committee asks the Government to continue to provide detailed information on concrete measures adopted, in particular through the media, to promote the application of the principle of equal remuneration for men and women for work of equal value, and to indicate the goal and target audience of these awareness campaigns.

Determination of rates of remuneration. Previously, the Committee, noting that remuneration was determined through a process of negotiation of collective agreements or companies granting increases based on profits or cost of living adjustments, or based on affordability, urged the Government to indicate the specific manner in which it ensured that, in determining wage rates in collective agreements, the work performed by women was not being undervalued in comparison to that of men who are performing different work and using different skills, and that the mechanisms of wage fixing adopted by companies were free from gender bias. The Committee notes the Government’s indication that trade union representatives negotiate decent wages for employees (free from gender bias), based on the value assigned to the type of work to be done. Further, upon consultation with the Labour Department on issues relating to pay increase for employees, recommendations are made to companies based on trends in that particular market segment and the categories of work as opposed to gender. Recognizing however that, there are no measures in place to ensure that companies, when determining remuneration (including wage increases), use methods and criteria free from gender bias, the Government requests the assistance of the ILO to ensure that the determination of remuneration in the private and public sectors is done without discrimination based on the sex of the worker. In that regard, the Committee wishes to recall that Article 3 of the Convention does not prescribe any specific method of objective job evaluation. Recalling that whatever methods are used, it is important to ensure that, not only the factors selected for comparison are objective (such as skill, effort, responsibilities and working conditions), but that the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. Often skills considered to be “female”, such as manual dexterity and those required in the caring professions, are undervalued or even overlooked, in comparison with traditionally “male” skills, such as heavy lifting (see 2012 General Survey on the fundamental Conventions, paragraph 701). The Committee hopes that the technical assistance requested by the Government will be provided in the near future with a view to ensuring that in determining wages (including wage increases) the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias.

Civil service. The Committee previously requested information regarding section 4(1)(a) and (b) of the Civil Service Act of 1984 and the First Schedule of the Civil Service Regulations of 1993, including section 73(1) regarding determination of rates of pay and allowances in the civil service. It considered that it remained unclear whether the criteria used by the Public Service Commission in the classification of posts and corresponding earnings were free from gender bias. The Committee requested the Government to indicate the specific criteria used for the classification of posts under the different grades and for the determination of the corresponding earnings. It also requested the Government to provide copies of any remuneration orders issued by the minister authorizing allowances for certain categories of officers, and the criteria used to determine the category of officers concerned, as well as, the rate and nature of allowances received. The Committee notes the Government’s indication that there has been no recent issuance of remuneration orders by the Minister authorizing allowances for certain categories of officers. This process was done through collective bargaining since 2007 for varying categories of employees in the service. The Committee notes the Government’s statement that the classification of posts under different grades of employment and the determination of the corresponding earnings reflect that there is no evidence of gender bias in the civil service, as civil servants are classified and remunerated based on their qualifications, competencies and skills. The Committee needs to emphasize, however, that a non-discriminatory classification is necessarily based on the implementation of a method and the application of set criteria in order to ensure a result free from gender bias. The Government failed to indicate the method used and criteria applied. In these circumstances, the Committee is unable to assess the non-discriminatory nature of the rates of pay and allowances in the civil service. In view of the above and the fact that the Government is requesting the technical assistance of the Office regarding the determination of rates of remuneration free from gender bias, the Committee asks the Government to provide detailed information on the result of the assistance provided in that regard. In the meantime, the Committee asked the Government to provide copies of the list of civil service positions as well as copies of any relevant collective bargaining agreement signed and implemented.

Article 3. Objective job evaluation. In its previous comments, the Committee asked the Government: (1) to provide the results of the census carried out by the public sector transformation unit, among public sector employees, with a view to gathering information including on qualifications, current posts and job descriptions, overemployment and underemployment, wages and salaries, allowances, and satisfaction with respect to duties; and (2) to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector. The Committee notes the Government’s indication that the census carried out under the public sector transformation initiative was incomplete and the overall project discontinued, including the job evaluation exercise. The Committee also notes the Government’s statement that there are no measures in place or envisaged to promulgate an objective job evaluation based on the work to be performed in the private sector but that it will seek the technical assistance of the Office in this regard. The Committee takes note of this information. Noting that the Government is requesting the assistance of the ILO regarding objective job evaluation, the Committee asks the Government to keep it informed of the progress achieved towards the adoption of such a method for the public service. It also requests the Government to provide information on measures taken or envisaged, through collective bargaining or otherwise, to promote objective job evaluation on the basis of the work to be performed in the private sector.

Article 4. Cooperation with workers’ and employers’ organizations. In previous comments, the Committee requested the Government to provide information regarding whether, in the context of the “Labour Matters” programme, equal remuneration for men and women for work of equal value had been addressed, and if so, the result of such discussions. It also requested the Government to indicate whether and how the National Labour Board and the Social Economic Council had given consideration to the issue of equal remuneration between men and women for work of equal value, or whether any other forms of cooperation or joint activities of the Government and the social partners had been undertaken to promote the application of the principle of the Convention, and the results achieved. The Committee notes the Government’s statement that equal remuneration for men and women for work of equal value has never been addressed in the context of the Labour Matters programme but that it will be included in the programme in 2018; and that there has been no cooperation or joint activities of the Government and the social partners concerning the principle of the Convention. The Committee emphasizes the important role of workers’ and employers’ organizations in developing and promoting the acceptance and observance of national policies and plans, as well as in evaluating their impact. The cooperation and consultation processes provided for in the Convention, as well as in the Equal Remuneration Recommendation, 1951 (No. 90), can assist the Government in ensuring that the measures taken or envisaged enjoy wide support and that policies are effectively implemented (see 2012 General Survey, paragraph 858). The Committee asks the Government to provide information on any form of cooperation or joint activities of the Government and the social partners with a view to promote equal remuneration for men and women for work of equal value. It also asks the Government to indicate if this principle has been promoted in the context of the “Labour Matters” programme and to provide detailed information on the manner in which it was addressed.

Enforcement. In view of the absence of complaints or cases related to sex discrimination with respect to remuneration, the Committee previously asked the Government: (1) to indicate the authorities responsible for the enforcement of the principle of the Convention, and how such enforcement had been undertaken in practice; and (2) to provide information on the number, nature and outcome of cases involving violations of section E8(1) of the Labour Code dealt with by the courts, the labour commissioner or the labour inspectors. The Committee notes that the Government states that the inspectorate and conciliation unit of the Labour Department are responsible for the enforcement of the principle of the Convention but that there has been no reported cases of violations of section E8(1) of the Labour Code. The Government adds that the issue of equal remuneration will be discussed by the Labour Department on the 2018 edition of the Labour Matters programme. In view of the above, the Committee wishes to recall that where no cases or complaints, or very few, 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. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see 2012 General Survey, paragraph 870). The Committee also recognizes the difficulties faced by labour inspectors in identifying cases of pay discrimination, or of determining whether equal remuneration is being provided for work of equal value, particularly where men and women do not perform the same work. Recalling the importance of training labour inspectors to increase their capacity to prevent, detect and remedy such instances, the Committee requests the Government to provide information on any specific training programmes developed to enhance the labour inspector’s capacity to handle wage discrimination cases. The Committee asks the Government to continue to provide information on the enforcement of the national laws and regulations applying the Convention, including information on the number, nature and outcomes of cases dealt with by the labour inspectorate and the courts.

Statistics. The Committee previously noted that the Labour Department was in the process of implementing a Labour Market Information System (LMIS). The Committee asked the Government: (1) to provide the necessary statistical data on the distribution of men and women in the various occupations and sectors of the economy, along with their corresponding earnings; (2) to indicate the progress made in this respect; and (3) to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Government’s indication that, although the LMIS produces statistical data on the distribution of men and women in the various occupations and sectors of the economy, it is not possible to report on any progress made and to provide information on the extent, nature and evolution of the gender pay gap. The Committee notes the Labour Force Survey Report 2015 published on the website of the Antigua and Barbuda Statistics Division, which shows that women represent 53.1 per cent of the labour force (26,207 women for 23,100 men) but have a slightly higher unemployment rate (14.5 per cent against 12.9 per cent for men). Women were generally over-represented in the service sector, while men were significantly more likely to work in goods producing industries. According to the report, there was relative gender parity among managers (1,708 female managers (representing 7.6 per cent of the female employed population) and 1,634 male managers (representing 8.1 per cent of the male employed population)). However, the report does not give any indication about the gender pay gap at the manager or any other levels. Women were more likely to work part-time and many of them were unavailable to work additional hours because of family responsibilities. The Committee also notes, from the 2019 concluding observations of CEDAW, that it recommended evaluating, with statistical data disaggregated by sex, the extent of gender-based discrimination in the workplace, including with regard to wages in both the public and private sectors and sexual harassment, in order to implement measures to address the gender pay gap and to inform the development of the national policy on sexual harassment in the workplace (CEDAW/C/ATG/CO/4-7, 14 March 2019, paragraph 37(d)). The Committee requests the Government to provide detailed information on the distribution of men and women in the various occupations and sectors of the economy. The Committee also asks the Government to provide information on the progress made towards integrating the wage range for varying sectors in the statistical data, and the nature and evolution of the gender pay gap.