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

Equal Remuneration Convention, 1951 (No. 100) - Zambia (Ratification: 1972)

Article 2 of the Convention. Application of the principle of equal remuneration for men and women for work of equal value by collective agreements. Further to the Committee’s request for information on the application of the principle of the Convention by collective agreement, the Government indicates that the Zambia National Union of Health and Allied Workers, as an affiliate union of the Zambia Congress of Trade Unions, works in consultation with Government and employers through the Tripartite Consultative Labour Council to ensure that issues related to “equal pay for work of equal value” are included and addressed in social dialogue. The Committee requests the Government to provide information on the achievements of the Tripartite Consultative Labour Council with regard to the advancement of the principle of the Convention, including examples of collective agreements that provide for equal remuneration for men and women for work of equal value. It also reiterates its request for information on the following points: (i) the examination process concerning collective agreements previously referred to by the Government, the methods and criteria used for the assessment, as well as any specific activities undertaken, in collaboration with employers’ and workers’ organizations, regarding the issue of wage disparities between men and women and how they can be reduced; and (ii) the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.

Enforcement. Previously, the Committee requested the Government: (1) to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission under the Gender Equity and Equality Act, 2015; (2) to provide information on any activities undertaken in this regard; and (3) to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. The Committee notes the information provided by the Government according to which to date there have been no judicial decisions concerning the application of the principle of the Convention. The Committee also notes that the Employment Code Act, 2019, provides for the appointment of the Labour Commissioner which, pursuant to section 10 of the Act, may, among other things, enter by day any premises in order to carry out any examination, test or inquiry that the Labour Commissioner considers necessary in order to determine if the provisions of the Act are being complied with; and interview, whether alone or in the presence of a witness, an employer or employee on any matter concerning the application of a provision of the Act. Where the Labour Commissioner has reason to believe that a provision of the Act is likely to be or has been contravened, the Labour Commissioner may issue a written notice specifying the contravention and the preventative or remedial measure to be undertaken within a specified period. The Committee requests the Government to provide information on the contraventions detected by the Labour Commissioner concerning violations of section 5(4) of the Employment Code Act, 2019, providing for “equal wages for work of equal value”, and on any preventive or remedial measures adopted as a result. The Committee also requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard. In this regard, it encourages the Government to take the necessary measures to strengthen the capacity of enforcement authorities, as well as of social partners, to identify and address cases entailing the violation of the principle of the Convention, including awareness-raising campaigns and tailored training programmes. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.