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

Equal Remuneration Convention, 1951 (No. 100) - Trinidad and Tobago (Ratification: 1997)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee previously noted the persistence of occupational gender segregation and predominant gender pay gap in favour of men. It requested the Government to provide information on the concrete measures taken and the progress made in that regard. The Committee notes the Government’s indication that the draft National Policy on Gender and Development (NPGD), which contains initiatives aimed at addressing these issues, has not been adopted yet but that, in the meantime, the Cabinet has agreed to use the draft policy as an «official government policy pending its final adoption». The Committee regrets the lack of information provided by the Government on any concrete measures implemented to address occupational gender segregation or gender pay gap, pending the adoption of the NPGD. In that regard, it notes with concern, from the last available statistical information forwarded by the Government, that, in 2018, women employed in the same occupational categories or industrial groups as men systematically received lower remuneration in all of them (except in “other mining and quarrying” group), with average wage differentials between men and women being estimated at 12.75 per cent. It further notes that, in 2018, the gender pay gap between men and women ranged from 8.9 per cent for technicians and associate professionals, up to 34.7 per cent for service and shop sales workers and 35.8 per cent for plant and machine operators and assemblers. The statistics concerning the average monthly income by sex and industry also show a gender pay gap in favour of men (except in transport, storage and communication), ranging from 1.3 per cent in agriculture, up to 24.5 per cent in wholesale and retail trade, restaurants and hotels. The Committee further notes that, according to the 2020 Human Development Report from the United Nations Development Programme (UNDP), female participation in the labour market remains low at 50.1 per cent compared to 70.2 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; where a value of 0 represents absolute equality and a value of 1 (or 100 per cent) absolute inequality) was estimated at 0.323 in the 2019 index. It further notes that, as highlighted in 2021, in the context of the Universal Periodic Review (UPR), conducted under the auspice of the United Nations (UN) Human Rights Council, the UN Committee on the Elimination of Discrimination against Women (CEDAW) expressed specific concern at the wide gender wage gap and persistent occupational segregation in the labour market and specifically recommended the Government to reduce the gender wage gap by guaranteeing and enforcing the principle of equal pay for work of equal value in all sectors (A/HRC/WG.6/39/TTO/2, 26 August 2021, paragraphs 35 and 36 and CEDAW/C/TTO/CO/4-7, 25 July 2016, paragraphs 30 and 31). Regarding occupational gender segregation, the Committee refers the Government to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee urges the Government to step up its efforts in order to address the gender pay gap and its structural causes, including persistent occupational gender segregation of the labour market. It asks the Government to provide information on any concrete measures implemented to that end, as well as on any progress made in the adoption of the National Policy on Gender and Development. The Committee also asks the Government to provide detailed statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the private and public sectors.

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that the Equal Opportunity Act, 2000, prohibits discrimination in employment but does not contain any specific provision regarding equal remuneration for men and women for work of equal value. Since 2003, the Committee has been requesting the Government to take steps to give full legislative expression to the principle of the Convention. It previously noted that, in 2018, consultations were held on the Industrial Relations Advisory Committee's (IRAC) Policy Recommendations on Employment Standards and a proposed list of definitions, and requested the Government to provide information on any progress made in that regard. The Committee notes the Government’s statement, in its report, that the elaboration of the Employment Standards Bill is still ongoing. The Government indicates that, since 2018, consultations have continued between the IRAC, the Minister of Labour and Small Enterprise Development (MOLSED), and national stakeholders on the draft Policy Recommendations, which suggest the inclusion of a provision providing that “men and women shall be entitled to equal pay for work of equal value”. The Government adds that, in August 2020, a new version of the draft Policy Recommendations was revised by relevant stakeholders through targeted consultations, prior to their submission to the Cabinet. The Committee takes note of this information. It however notes with concern the lack of progress towards a full legislative implementation of the principle contained in the Convention. It recalls, once again, that Article 2(2)(a) of the Convention specifies national laws and regulations as a method of applying the principle of the Convention and that guidance provided by the Equal Remuneration Recommendation, 1951 (No. 90) supports legal enactment for the general application of the principle. It emphasizes that legal provisions that are narrower than the principle laid down in the Convention – in that they do not give expression to the concept of “work of equal value” – hinder progress in eradicating gender-based pay discrimination (see 2012 General Survey on the fundamental Conventions, paragraph 679). In light of the ongoing legislative developments that have been under way for a number of years, the Committee urges the Government to give full legislative expression to the principle of the Convention, including through the adoption of the Employment Standards Bill. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations and also among law enforcement officials. The Committee further asks the Government to provide information on the number, nature and outcome of cases of pay inequality between men and women dealt with by the labour inspectors, the Equal Opportunity Commission and Equal Opportunity Tribunal, the courts or any other competent authorities.

Articles 2(2)(c) and 4. Collective agreements and collaboration with the social partners. The Committee previously noted the continued use of non-gender-neutral terminology in collective agreements in order to describe certain categories of workers (such as “greaseman”, “watchman”, “handyman”, “charwoman”, “female scavenger”, etc.) which may reinforce stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. It noted the Government’s indication that gender-neutral designation of posts would be given consideration in the framework of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation, and requested the Government to indicate how it was ensured that, in determining wage rates in collective agreements, the principle of equal remuneration for men and women for work of equal value was effectively taken into account by the social partners. The Committee notes the Government’s indication that the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation is still ongoing. Regarding collective agreements, the Government states that the Employers’ Consultative Association (ECA) provides collective bargaining services to all employers during the preparation and conduct of collective bargaining negotiations, in particular to include proposals for the use of gender-neutral language to describe job positions. The Government adds that the ECA has committed to continue exploring the possibility of adding the concept of equal pay for work of equal value to new or already existing interventions of its subsidiary, the Employers’ Solution Centre (ESC), which conducts training and awareness-raising activities for over 2,000 individuals per year. Recalling the important role played by the social partners in giving effect in practice to the principle of the Convention, more particularly in light of the absence of any legislation reflecting the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that gender-neutral terminology is used in defining the various jobs and classifications in collective agreements. It asks the Government to provide information on progress made in this regard, as well as to indicate the results of the regrading and reclassification exercise for daily rated workers of the Port-of-Spain Corporation. The Committee also asks the Government to provide information on the actions undertaken to promote the implementation of the principle of the Convention with the cooperation of the social partners, and the results of such initiatives. In this regard, it asks the Government to specify how it shares with the social partners the contours of the principle of equal remuneration for men and women for work of equal value and how the social partners take into account this principle in collective bargaining on wages.

The Committee is raising other matters in a request addressed directly to the Government.