Equal Remuneration Convention, 1951 (No. 100) - Gambia (Ratification: 2000)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. In its previous comment, the Committee requested the Government to: (1) take measures to include provisions in the legislation giving full effect to the principle of the Convention; and (2) provide information on the decision of the Attorney-General’s Chambers on the question of whether section 33(2) of the Constitution, which prohibits discriminatory laws in general, can be considered as setting out the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee notes the Government’s indication in its report that the Labour Act of 2007 is under revision and that it is currently being examined by the Ministry of Justice and that the draft Constitution of 2020 does not set out the principle of equal remuneration for men and women for work of equal value, but only the principle of just remuneration in Article 60(a). In this regard, the Committee notes that in September 2020 the Parliament rejected the new draft Constitution. The Committee requests the Government to take the opportunity of the current review of the Labour Act of 2007 to set forth the principle of equal remuneration for men and women workers for work of equal value and to provide information on any progress in this respect.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. In its previous comment, the Committee requested the Government to indicate any measures taken to promote the application of the principle of the Convention through collective bargaining and the manner in which it cooperates with the social partners with a view to giving effect to the Convention. The Committee notes the Government’s indication that agreements between the parties are normally forwarded to the Commissioner of Labour for enforcement provided that their conditions are not less favourable than those of the Labour Act. It also notes the establishment of five Joint Industrial Councils which determine minimum terms and conditions of employment and minimum wages by trade. The Committee requests the Government to provide information on: (i) the manner in which it promotes the principle of the Convention among the social partners; and (ii) the means by which it is ensured that the remuneration rates set by Joint Industrial Councils are determined without either direct or indirect discrimination on the basis of gender. The Committee also requests the Government to provide copies of collective agreements containing clauses on equal remuneration for men and women workers for work of equal value.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to: (1) provide information on the specific measures adopted by the National Training Authority, in collaboration with the Labour Advisory Board, for the objective evaluation of jobs held by men and women, and to specify the evaluation methods and the criteria envisaged or used for this purpose; and (2) provide information on the evaluation of jobs in the public service. The Committee notes the information provided by the Government to the effect that: (1) the National Accreditation and Quality Assurance Agency (NAQAA) has replaced the National Training Authority in the private sector and parastatal enterprises; and (2) the interim report on the implementation of the job evaluation exercise in the public sector is awaiting publication. The Committee once again requests the Government to provide information on the specific measures taken by the NAQAA, in collaboration with the Labour Advisory Board, to undertake an objective evaluation of jobs performed by men and women, with an indication of the evaluation method and the criteria envisaged or used for this purpose. The Committee also requests the Government to provide a copy of the interim report on the implementation of the job evaluation exercise in the public sector.

Enforcement. The Committee previously requested the Government to: (1) provide information on any cases relating to the principle of equal remuneration for work of equal value or wage discrimination that come before the courts; and (2) take measures to collect and disseminate court and labour tribunal rulings on equal remuneration and wage discrimination as an important means of improving awareness of existing laws and procedures and assessing their effectiveness. The Committee notes the Government’s indication that no cases of discrimination relating to equal remuneration for men and women for jobs of equal value have come before the courts. However, it notes that, according to the Global Gender Gap Report 2020 of the World Economic Forum, the wage gap between men and women in Gambia is 65 per cent. In this regard, the Committee wishes to recall that, where no cases or complaints of discrimination, 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 (2012 General Survey on the fundamental Conventions, paragraph 870). The Committee therefore invites the Government to raise awareness of the relevant legislation and the concept of equal value set out in the Convention, reinforce the resources available to the competent authorities, including magistrates, labour inspectors and other public service officials, to identify and address cases of discrimination and inequality of remuneration, and to ensure that the provisions that are in force, both respecting the substance and procedures, in practice provide complainants with every opportunity to assert their rights. The Committee also requests the Government to indicate the measures adopted to promote the principle of job evaluation, without which it is difficult to determine the relative value of jobs.

Statistics. The Committee recalls that, in its previous comment, it requested the Government to take measures to collect and analyse statistical data on the distribution of women and men in all the various economic sectors and occupations and their earnings, in the public and private sectors, and to provide information in this regard. The Committee notes the information contained in the 2018 survey of the active population and refers in this respect to its comment on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). In order to permit an adequate evaluation of the nature, extent and causes of the gender pay gap and the progress achieved in implementing the principle of the Convention over the years, the Committee invites the Government to refer to its general observation published in 1999, which sets out the type of statistical data, disaggregated by gender, that it wishes to receive, including: (i) the distribution of men and women in the public sector, the federal and/or state civil service, and in the private sector by earnings levels and hours of work (defined as hours actually worked or hours paid for), classified by: (1) branch of economic activity; (2) occupation or occupational group or level of education/qualification; (3) seniority; (4) age group; (5) number of hours actually worked or paid for; and, where relevant, by (6) size of enterprise and (7) geographical area; and (ii) statistical data on the composition of earnings (indicating the nature of earnings, such as basic, ordinary or minimum wage or salary, premium pay for overtime and shift differentials, allowances, bonuses and gratuities, and remuneration for time not worked), and hours of work (defined as hours actually worked and paid for), classified according to the same variables as the distribution of employees (subparagraphs (1) to (7) of paragraph (i) above). The Committee requests the Government to provide the statistical data referred to above and, in the meantime, all data disaggregated by gender currently available in this regard, while continuing to work towards the compilation of the statistical information set out above.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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 initially made in 2011.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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 initially made in 2011. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with 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.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Part V of the report form. Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Part V of the report form. Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Part V of the report form. Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(b) of the Convention. Legislation providing for equal remuneration for work of equal value. Recalling that the Government did not seize the opportunity to include in its labour legislation, when adopting the Labour Act of 2007, provisions expressly providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that section 33(2) of the Constitution prohibits discrimination towards men and women. The Committee considers that section 33(2) of the Constitution which prohibits discriminatory laws, while important, does not encompass the principle of equal remuneration for men and women for work of equal value. The Committee also notes that the Attorney-General’s Chambers have not made any recommendations, despite the Government’s previous indications that this issue would be referred to them for redress. The Committee asks the Government to take steps in order to include provisions in the legislation to give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. The Committee urges the Government to have the matter referred to the Attorney-General’s Chambers, and to provide information on any recommendations made and the follow-up thereto.

Articles 2(2)(c) and 4. Collective agreements and cooperation with employers’ and workers’ organizations. The Committee notes that in response to the Committee’s request on measures taken to promote the application of the principle of the Convention through collective bargaining, the Government refers to Part 13 of the Labour Act, which deals with freedom of association. According to the Government, there is no differentiation between men and women with respect to the right to collective bargaining. Noting that the Government provides no information on collective agreements with provisions relevant to the Convention, the Committee again asks the Government to indicate any measures taken to promote the application of the principle of the Convention in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Objective job evaluation. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to provide information on the concrete steps taken by the National Training Authority, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Committee also asks the Government to supply information on job evaluation in the public service.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government indicates that it has no information on cases of equal remuneration and that generally there is no reporting of decisions of the industrial tribunal. The Committee asks the Government to provide information on any cases regarding the principle of equal remuneration for work of equal value or on wage discrimination addressed by the courts or the industrial tribunal. The Committee also asks the Government to take steps to collect and disseminate decisions of the courts and the industrial tribunal regarding equal remuneration and wage discrimination, as this is important in raising awareness of the laws and procedures available as well as being instrumental in monitoring the effectiveness of such laws and procedures.

Part V of the report form. Statistics. The Committee notes the Government’s indication that due to the lack of regulation in the private sector, the statistical information requested by the Committee is not available. The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of unequal remuneration, and in setting priorities and designing appropriate measures, to monitoring and evaluating the impact of such measures and making any necessary adjustments in order to better promote the principle of equal remuneration between men and women for work of equal value. The Committee asks the Government to take steps in order to collect and analyse statistical data on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, in both the public and private sectors, and to provide information in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 2 of the Labour Act 2007 defines remuneration as “all things of monetary value received by an employee in exchange for his and her services”. The Committee notes the Government’s statement, in response to its previous comments concerning the meaning of this definition – which reproduces section 2 of the Labour Bill 2005 previously examined – that “all things of monetary value” include salaries, allowances, bonus, housing allowances, medical allowances, etc., whether direct or indirect. The Committee asks the Government to provide information on any judicial or administrative decisions addressing the meaning of “remuneration” in section 2.

Article 1(b). Legislation providing for equal remuneration for work of equal value. The Committee notes that, when adopting the new Labour Act in 2007, the Government did not seize the opportunity to include in its labour legislation provisions expressly providing for equal remuneration for men and women for work of equal value. The Committee further notes that, while reiterating that in practice and in law there is no such discrimination between men and women under any circumstances, the Government indicates that the issue will be referred to the Attorney-General’s Chambers for redress. The Committee strongly encourages the Government to take the necessary steps to include provisions in the legislation that give full expression to the principle of the Convention, in order to ensure the effective implementation of the right of men and women to equal remuneration for work of equal value. It asks the Government to provide information on the measures taken or envisaged in this regard, in particular on any recommendations made by the Attorney-General’s Chambers.

Articles 2(2)(c) and 4. Collective agreements and cooperation with the employers’ and workers’ organizations. The Committee notes the collective agreements for CFAO (Gambia) Limited and the MRC Laboratories The Gambia provided by the Government. Noting that none of these agreements contain a clause reflecting the principle of equal remuneration between men and women for work of equal value, the Committee requests the Government to provide information on the measures taken to promote the application of the principle in the collective bargaining process and on the manner in which it cooperates with the social partners to give effect to the Convention.

Article 3. Job evaluation. The Committee notes that the Government refers to the “Scheme of service” of various departments for the classification of jobs and the determination of the corresponding wages. The Committee understands that “Scheme of service” means the qualifications and levels of experience required for entry into, and employment in, a public office. It wishes to point out that, while such criteria are important factors to establish a job classification, they may not be sufficient to ensure the absence of indirect gender‑based discrimination against women in such classification of jobs and the corresponding wages. Objective job evaluation is also important to ensure an equitable comparison of different jobs. Other criteria, such as responsibility and effort required, may also be needed to permit a comparison between different jobs or posts in order to determine whether they are of equal value and ensure the effective application of the principle of the Convention. In this respect, the Committee wishes to draw the Government’s attention to its 2006 general observation in which it points out that, in order to establish whether different jobs are of an equal value, there has to be an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. As regards the private sector, the Committee notes that the Government indicates in its report that the National Training Authority (NTA) has yet to conduct job evaluations and occupational classifications. The Committee hopes that the Government will soon be able to provide information on the concrete steps taken by the NTA, in cooperation with the Labour Advisory Council, to undertake the objective evaluation of jobs performed by men and women, and details on the evaluation method and the criteria envisaged or used to that end. The Government is also requested to supply information on job evaluation in the public service.

Part V of the report form. Statistics. Noting that no information has been provided in response to the Committee’s previous request, the Committee once again asks the Government to supply all available statistics indicating the distribution of women and men in the public and private sectors and their level of earnings in accordance with its general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 2 of the Labour Bill 2005 defines remuneration as “all things of monetary value received by an employee in exchange of his and her services”. The Committee considers that it is still unclear whether this definition indeed covers direct as well as indirect payments of cash and in-kind bonuses and allowances. It asks the Government to clarify the meaning of “all things of monetary value” and to indicate whether this also covers direct and indirect payments in kind.

2. Article 1(b). Legislation providing for equal remuneration for work of equal value. The Committee regrets to note that the Labour Bill 2005 does not set out the principle of equal remuneration for men and women for work of equal value. It also notes the Government’s statements that there is no discrimination with regard to equal remuneration between men and women for equal work, and that differences in remuneration are based on experience, productivity and working conditions, which are not gender biased. The Committee recalls that the protection under the Convention goes beyond equal remuneration for equal work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature but nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on this Convention and urges the Government to consider including a specific provision in the new Labour Code providing for equal remuneration for men and women for work of equal value.

3. Article 2(2)(b). Wage determination machinery. With reference to its previous comments on the criteria and methods used by the joint industrial councils and the Government in determining wage rates, the Committee notes the Government’s statement that the criteria for salary increments in the public service are based on the cost of living. The Committee, while appreciating this information, asks the Government to indicate in its next report the criteria and methods used to determine the classification of jobs and their corresponding wage scales in the public service without discrimination based on sex.

4. Article 2(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration applies to all workers covered by collective agreements. It reiterates its request to the Government to provide copies of collective agreements ensuring the application of the principle of equal remuneration for work of equal value.

5. Article 3. Job evaluation. The Committee notes that job evaluation and occupational classification has become part of the mandate of the National Training Authority (NTA), which works in close collaboration with the Department of Labour and the Labour Advisory Board. Noting the Government’s indication that it will inform the Committee of any further developments in this regard, the Committee hopes that the Government will soon be able to provide information on any measures taken by the NTA and the Labour Advisory Council to undertake the objective evaluation of jobs performed by men and women. Please also refer to the Committee’s general observation of 2006 in this regard.

6. Part V of the report form. The Committee recalls its general observation of 1998 on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration for work of equal value. It reiterates its request to the Government to provide all available information indicating the distribution of women and men in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 2 of the Labour Bill 2005 defines remuneration as “all things of monetary value received by an employee in exchange of his and her services”. The Committee considers that it is still unclear whether this definition indeed covers direct as well as indirect payments of cash and in-kind bonuses and allowances. It asks the Government to clarify the meaning of “all things of monetary value” and to indicate whether this also covers direct and indirect payments in kind.

2. Article 1(b). Legislation providing for equal remuneration for work of equal value. The Committee regrets to note that the Labour Bill 2005 does not set out the principle of equal remuneration for men and women for work of equal value. It also notes the Government’s statements that there is no discrimination with regard to equal remuneration between men and women for equal work, and that differences in remuneration are based on experience, productivity and working conditions, which are not gender biased. The Committee recalls that the protection under the Convention goes beyond equal remuneration for equal work and includes the comparison of remuneration received by men and women in jobs that are of an entirely different nature but nevertheless of equal value. The Committee refers the Government to its general observation of 2006 on this Convention and urges the Government to consider including a specific provision in the new Labour Code providing for equal remuneration for men and women for work of equal value.

3. Article 2(2)(b). Wage determination machinery. With reference to its previous comments on the criteria and methods used by the joint industrial councils and the Government in determining wage rates, the Committee notes the Government’s statement that the criteria for salary increments in the public service are based on the cost of living. The Committee, while appreciating this information, asks the Government to indicate in its next report the criteria and methods used to determine the classification of jobs and their corresponding wage scales in the public service without discrimination based on sex.

4. Article 2(c). Collective agreements. The Committee notes the Government’s statement that the principle of equal remuneration applies to all workers covered by collective agreements. It reiterates its request to the Government to provide copies of collective agreements ensuring the application of the principle of equal remuneration for work of equal value.

5. Article 3. Job evaluation. The Committee notes that job evaluation and occupational classification has become part of the mandate of the National Training Authority (NTA), which works in close collaboration with the Department of Labour and the Labour Advisory Board. Noting the Government’s indication that it will inform the Committee of any further developments in this regard, the Committee hopes that the Government will soon be able to provide information on any measures taken by the NTA and the Labour Advisory Council to undertake the objective evaluation of jobs performed by men and women. Please also refer to the Committee’s general observation of 2006 in this regard.

6. Part V of the report form. The Committee recalls its general observation of 1998 on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration for work of equal value. It reiterates its request to the Government to provide all available information indicating the distribution of women and men in the public and private sectors, occupational groups and earnings in accordance with its general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of remuneration under section 3 of the Labour Code partially applies the Convention definition but fails to refer to indirect elements of remuneration. The Committee notes however that the Labour Code is currently being redrafted. It hopes that it will include a comprehensive definition of remuneration including both direct and indirect payments of cash or in-kind bonuses and allowances.

2. Article 1(b). Legislative protection. The Committee notes that the Labour Code does not set out the principle of equal remuneration for work of equal value. Although the Government reports that generally men and women receive the same remuneration for the same work, which is in any event narrower than the concept of work of equal value under the Convention, it also states that women in the same occupations are not paid the same as male colleagues due to, for instance, their lack of field experience. The Committee hopes that the new Code will clearly set out the principle of equal remuneration between men and women for work of equal value and will allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of work and pay levels for women. The Committee asks the Government to provide information on the progress of the new draft and the impact of any amendments on the application of the Convention.

3. Article 2(2)(b). Wage determination machinery. The Committee notes from the Government’s report and section 151(1) of the Labour Code that joint industrial councils shall fix minimum terms of employment, including minimum rates of remuneration. The Government also reports that the financial instructions determine the pay for the public sector. The Committee notes, however, that no information has been provided on the methods or criteria used for fixing minimum wages in either the private or public sector. In order to assess application of the Convention and in particular to ensure that the grounds used for setting rates of remuneration are not discriminatory, the Committee asks the Government to provide information on the methods and criteria used by both the joint industrial councils and the Government in determining wage rates.

4. Article 2(c). Collective agreements. The Committee notes from the Government’s report the existence of certain collective agreements. However, it is not clear whether these agreements ensure the application to all workers of the principle of equal remuneration. The Committee asks the Government to provide copies of these agreements with its next report.

5. Article 3. Job evaluation. The Committee notes that under section 64(1) of the Labour Code, the Labour Advisory Board can revise recognized trade and job classifications and job descriptions applied by any joint industrial council. The Committee recalls that Article 3(1) of the Convention provides that measures should be taken to promote objective appraisal of jobs on the basis of the work to be performed, where this action will assist in implementing the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women (see paragraph 138, General Survey on equal remuneration, 1986). The Committee would therefore welcome information from the Government on any action taken by the Labour Advisory Board under this section and in particular whether it, or joint industrial councils, have adopted measures to compare objectively the value of jobs.

6. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sector, occupational group and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that the definition of remuneration under section 3 of the Labour Code partially applies the Convention definition but fails to refer to indirect elements of remuneration. The Committee notes however that the Labour Code is currently being redrafted. It hopes that it will include a comprehensive definition of remuneration including both direct and indirect payments of cash or in-kind bonuses and allowances.

2. Article 1(b). Legislative protection. The Committee notes that the Labour Code does not set out the principle of equal remuneration for work of equal value. Although the Government reports that generally men and women receive the same remuneration for the same work, which is in any event narrower than the concept of work of equal value under the Convention, it also states that women in the same occupations are not paid the same as male colleagues due to, for instance, their lack of field experience. The Committee hopes that the new Code will clearly set out the principle of equal remuneration between men and women for work of equal value and will allow for comparison of pay on as wide a basis as possible to avoid the undervaluation of work and pay levels for women. The Committee asks the Government to provide information on the progress of the new draft and the impact of any amendments on the application of the Convention.

3. Article 2(2)(b). Wage determination machinery. The Committee notes from the Government’s report and section 151(1) of the Labour Code that joint industrial councils shall fix minimum terms of employment, including minimum rates of remuneration. The Government also reports that the financial instructions determine the pay for the public sector. The Committee notes, however, that no information has been provided on the methods or criteria used for fixing minimum wages in either the private or public sector. In order to assess application of the Convention and in particular to ensure that the grounds used for setting rates of remuneration are not discriminatory, the Committee asks the Government to provide information on the methods and criteria used by both the joint industrial councils and the Government in determining wage rates.

4. Article 2(c). Collective agreements. The Committee notes from the Government’s report the existence of certain collective agreements. However, it is not clear whether these agreements ensure the application to all workers of the principle of equal remuneration. The Committee asks the Government to provide copies of these agreements with its next report.

5. Article 3. Job evaluation. The Committee notes that under section 64(1) of the Labour Code, the Labour Advisory Board can revise recognized trade and job classifications and job descriptions applied by any joint industrial council. The Committee recalls that Article 3(1) of the Convention provides that measures should be taken to promote objective appraisal of jobs on the basis of the work to be performed, where this action will assist in implementing the Convention. Further, the notion of equal remuneration of men and women for work of equal value necessarily implies the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Such techniques known as "job evaluation" have come to be considered the most feasible means of extending equal remuneration to men and women (see paragraph 138, General Survey on equal remuneration, 1986). The Committee would therefore welcome information from the Government on any action taken by the Labour Advisory Board under this section and in particular whether it, or joint industrial councils, have adopted measures to compare objectively the value of jobs.

6. Part V of the report form. Statistical information. The Committee would welcome all available information from the Government indicating the distribution of men and women in the public and private sector, occupational group and earnings in accordance with its general observation on the importance of statistical data to assist the Committee in evaluating application by the Government of the principle of equal remuneration.