Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Equal Remuneration Convention, 1951 (No. 100) - Dominica (Ratification: 1983)

The Committee notes with deep concern that the Government’s report, due since 2015, has not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of the Convention on the basis of the information at its disposal.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Definition of remuneration. Legislation. In its last comments, the Committee asked the Government to provide information on the status of the recommendations forwarded to the Minister of Labour in the framework of the amendment process to align its legislation with the proposed Caribbean Community (CARICOM) Model legislation on equal remuneration for work of equal value. Over the years, the Committee has indicated on various occasions that section 24 of the Labour Standards Act is more restrictive than the principle enshrined in the Convention. The Committee observes that section 24 refers to equal wages for men and women in the same business who are performing, under the same working conditions, the same or similar work or jobs requiring similar skill, effort and responsibility. Likewise, the Committee notes that the term “wages” used in the Labour Standards Act is not defined, while the Public Service Management Act defines “remuneration” as “salary and any allowance which is payable in money and which ranks as pensionable emolument”. In this regard, the Committee recalls that “remuneration” as defined in Article 1(a) of the Convention includes emoluments paid whether in cash or in kind, and that the concept of “work of equal value” under the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work traditionally performed by men (for example, construction work) and women (for example, nursing) that is of an entirely different nature, but which may or may not be of equal value. The Committee also points out that the application of the principle of equal remuneration for work of equal value is not limited to comparisons between men and women in the same establishment or with the same employer (see General Survey on fundamental Conventions, 2012, paragraphs 673–697). While acknowledging the difficult situation prevailing in the country following the passage of Hurricane Maria, the Committee asks the Government to provide information on measures taken to ensure that legislation gives full expression to the principle of equal remuneration for men and women for work of equal value and includes a definition of remuneration in line with the Convention.

Gender pay gap and occupational segregation. The Committee takes note of the indication, in the country’s Resilience Development Strategy 2030, that participation in skills and training programs is significantly larger by women than by men, but that female participation in the labour force continues to be aligned to stereotypical female fields. It also notes that one of the measures foreseen in the Strategy is to strengthen capacity-building opportunities for women, girls and vulnerable groups to scale up their participation in decision making and in the labour market (National Resilience Development Strategy Dominica 2030, pp. 126–128). The Draft National Gender Policy 2018–2028 also includes measures to increase women’s representation in politics. The Committee recalls that occupational gender stereotyping results in certain jobs being held almost exclusively by women, resulting in “female jobs” being undervalued for purposes of wage rate determination (see General Survey, 2012, paragraph 713). The Committee asks the Government to provide detailed information on the measures taken or envisaged to: (1) scale up the presence of women in all sectors of the economy; and (2) strengthen capacity-building opportunities for women and girls, including on the types of trainings offered, the sectors they concern and how women’s access is ensured.

Article 3. Objective job evaluation. The Committee asks the Government, once again, to provide information on the outcome of the job evaluation process in the public sector and the measures taken to ensure that it was free from gender bias, as well as on any measures taken to promote objective job evaluation in the private sector.

Article 4. Awareness-raising and cooperation with employers’ and workers’ organizations. The Committee notes that the country’s Resilience Development Strategy 2030 includes measures to promote gender sensitivity education and training to build a society that champions gender issues (p. 128). It also notes the Government’s indication, in its reply to the United Nations Human Rights Committee, that the Bureau of Gender Affairs has embarked on gender sensitization and mainstreaming trainings and public awareness action and adds that the Government is currently working towards the adoption of a Draft National Gender Policy 2018–2028 (CCPR/C/DMA/RQAR/1, 21 April 2020, paragraphs 34 and 37). The Committee also notes that the Labour Standards Act requires that an advisory board for the establishment of minimum wages shall be equally representative of employees and employers. The Committee asks the Government to provide information on awareness-raising and cooperation undertaken with employers’ and workers’ organizations to give effect to the principle of equal remuneration for men and women for work of equal value, including in the framework of the Resilience Strategy and the Draft National Gender Policy 2018–2028.