Equal Remuneration Convention, 1951 (No. 100) - Saint Vincent and the Grenadines (Ratification: 2001)

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

Articles 1 and 2 of the Convention. Horizontal and vertical occupational segregation and gender pay gap. Referring to the comments it made in 2020 on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee points out that, in its 2015 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) noted with concern: (1) the clear horizontal segregation of the labour market and the concentration of women in low-income occupational categories; and (2) the lack of a comprehensive and integrated strategy to address ideological and structural barriers that discourage girls from participating in non-traditional academic and technical-vocational subjects (CEDAW/C/VCT/CO/4-8, 28 July 2015, paragraphs 28(c) and 30). Similarly, the Committee notes that, in its 2019 concluding observations, the UN Human Rights Committee (CCPR) expressed concern about: (1) the persistence of stereotypes regarding the position of women in society; and (2) the fact that women remain under-represented in both the public and private sectors, particularly in decision-making positions (CCPR/C/VCT/CO/2/Add.1, 9 May 2019, paragraph 14). Noting that horizontal and vertical occupational segregation contribute for a large part to the gender pay gap, the Committee requests the Government to provide information on the measures taken to: (i) combat traditional gender stereotypes and norms on sex-appropriate roles in society as well as in employment and occupation; and (ii) encourage girls and women to enrol in traditionally “male” fields of study or vocational training, and the results achieved, in terms of the number of girls and women enrolled in those fields.

Article 2(2)(b). Determination of wages. Promotional measures. The Committee notes that, as it did in its last report (2015), the Government indicates once again that it will take proactive measures on the next revision of the Wages Regulations Orders to ensure that wage councils would fix wages in a manner that promotes the principle of the Convention. The Committee notes, however, that the Government gives no indication on the measures taken since 2015 nor envisaged for the next revision. The Committee recalls that, previously it had taken note of the Government’s indication that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women would soon resume. In this regard, the Committee notes the assurance of the Government that the dialogue between the Department of Labour, the Gender Affairs Division and the National Council of Women is ongoing with a view to promote vigorously the principle of the Convention. It also notes the information provided by the Government on the promotional measures taken regarding minimum wages (information on the Department of Labour’s website and radio programmes) but would like to underline that, although minimum wages are an important tool to implement the principle of equal remuneration for work of equal value, they are neither equivalent nor sufficient to ensure full implementation. The Committee requests the Government to provide information regarding the latest revision of the Wages Regulations Orders and the measures taken on this occasion to ensure that wage councils do promote the principle of equal remuneration for men and women for work of equal value. The Committee also requests information on the measures taken, in collaboration with the Gender Affairs Division and the National Council of Women or otherwise, to promote a better understanding of the principle of the Convention among the social partners, public officials (including labour inspectors and judges), other legal professionals and the public in general.

Article 3. Objective job evaluation. In its previous comment, the Committee requested the Government to provide information on how it promotes the principle of equal remuneration for men and women for work of equal value and to adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector. It notes the Government’s statement that it is unable to provide the requested information without further explanation. The Committee reiterates its requests to the Government to provide information on measures taken or envisaged to ensure objective job evaluation in the public sector and promote it in the private sector. It also wishes to remind the Government that it may avail itself of the technical assistance of the Office in this regard.

Enforcement. The Committee notes the Government’s “overall satisfaction that workers in general have knowledge of the minimum wages within their respective sectors” and that the complaints and dispute resolution mechanisms are easily accessible. Once again, the Committee wishes to emphasize that the principle of the Convention is not limited to minimum wages but concerns equal remuneration for work of equal value. In addition, it recalls that the absence of complaints on pay inequalities between men and women for work of equal value does not mean that there are no such inequalities in practice but may result from a lack of knowledge among workers, as well as law enforcers, of the principle of equal remuneration for men and women workers for work of equal value as enshrined in the Convention. The Committee requests the Government: (i) to provide examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and of the dispute resolution machinery in place; (ii) to improve the capacity of labour inspectors to promote and enforce this principle, as well as to identify cases of discrimination; and (iii) to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies granted, as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s indication, in its report, that 5,000 of the 7,000 or so civil servants are women but that the statistical data on occupations is not disaggregated by sex. Nevertheless, the Government provides sex-specific information for the top three classification levels of the public service (grades A1, A2 and A3) for the 2021 fiscal year, which shows that, out of 59 filled positions, 36 (i.e. 61 per cent) are occupied by women. For the private sector, however, this information is not available. The Committee recalls once again that, in its 2012 General Survey on the fundamental Conventions (paragraph 888), it stressed that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women and that, if such information is not yet available, Governments should supply all the information that is currently available and continue to work towards the compilation of full statistical information. In this regard, it notes that in its 2015 concluding observations, the CEDAW also called upon the Government to implement systems of collection, analysis and dissemination of data disaggregated by sex (among others) and encouraged it to develop gender-sensitive indicators that could be used in the formulation, implementation, monitoring, evaluation and, when necessary, review of gender equality policies (CEDAW/C/VCT/CO/4-8, paragraph 47). Recalling that technical assistance was provided by the ILO to the country as from 2011 to strengthen its labour market information system as a pilot project to develop labour market information systems in all the countries of the Organization of Eastern Caribbean States (OECS), the Committee requests the Government to indicate the steps taken or envisaged as a follow up to enhance the collection of statistical data on salary levels and occupations, disaggregated by sex, both in the public and the private sectors. In the meantime, it encourages the Government to continue to provide any statistical information available, especially disaggregated by sex for higher-level positions.

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

Article 1(b) and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For a number of years, the Committee has been indicating to the Government that section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work”, is not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s statement, in its report, that “the matter to amend section 3(1) of the Equal Pay Act is still awaiting Cabinet’s action”. In this regard, it notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2015 concluding observations, also noted with concern that the Equal Pay Act was not in conformity with the principle of equal remuneration for men and women for work of equal value (CEDAW/C/VCT/CO/4–8, 28 July 2015, paragraphs 32 and 33). The Committee urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

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

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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

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. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee expects that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. 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 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisaged by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015. 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 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2(2)(b) of the Convention. Fixing of wages. The Committee notes the Government’s indication that the Wages Regulations Orders are usually revised every five years, that wage councils are established by the Governor General through Cabinet at that time for this purpose, and that the Government will take proactive measures to ensure that, once formed, wage councils would fix wages in a manner that promotes the principle of the Convention on the occasion of the next revision. The Committee also notes the Government’s indication that the enforcement of minimum wages largely relies on the Department of Labour’s inspection officers and wage-related complaints lodged with the Department, although it notes that the Government does not provide information regarding specific measures taken to ensure the promotion of the principle of the Convention, nor complaints received. Pending the establishment of the next wage councils, the Committee requests the Government to provide information on the proactive measures it has taken to promote a better understanding among the social partners of the principle of equal remuneration for men and women for work of equal value provided for in the Convention to ensure that wages council members understand that the concept of equal value includes but also goes beyond equal remuneration for “equal”, “the same” or “similar” work and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. The Committee also requests the Government to provide information on the measures taken to promote the principle of the Convention, including training activities for labour inspectors on the principle of equal remuneration for men and women workers for work of equal value, as well as information on any complaints received by the Department of Labour on minimum wages violations, the sanctions imposed and remedies provided.

Article 3. Objective job evaluation. The Committee notes that in its report the Government states that it is unable to provide information on measures taken or envisaged to ensure objective job evaluation both in the public and private sectors. The Committee recalls that in its previous report, the Government had indicated that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents to the necessity to link pay increases to a performance salary scale within any collective agreement. The Committee considers that such measures do not specifically address the need to develop objective job evaluation methods free from gender bias, but rather concern economic considerations of efficiency and transparency. It therefore requests the Government to provide specific information on how it promotes the principle of equal remuneration for men and women for work of equal value in the productivity-based pay system put in place by social partners. Further, the Committee reiterates its request that the Government adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and that it provides information on progress achieved in this regard.

Article 2. Promotional measures. The Committee notes from the Government’s report that the Department of Labour is continuing its dialogue with the Gender Affairs Division and the National Council of Women and that such efforts are currently on hold due to changes in personnel. However, this dialogue will soon resume. The Committee notes that the Government does not provide information on training and awareness-raising activities already taken or envisaged, by the Department of Labour or otherwise, to train public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee requests the Government to provide specific examples in its next report of training and awareness-raising activities conducted to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, or, if for practical reasons none were taken, what measures are envisioned by the Department of Labour, the Gender Affairs Division or the National Council of Women.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that information about minimum wages is available to workers on the Department of Labour’s website, its workplace inspection programme, and its weekly radio programme, which results in workers and employers being knowledgeable of the minimum wage of their sectors. It also notes the Government’s indication that the Department of Labour’s complaint and dispute resolution mechanism is easily accessible by both employers and workers, but notes that the Government does not mention the existence of actual complaints of non-compliance with the principle of equal remuneration between men and women for work of equal value. The Committee recalls again that the absence of complaints on pay inequalities may result from a lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, which goes beyond mere knowledge of the existence of minimum wages but also regarding the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to provide specific examples of measures taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. It also requests the Government to continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. The Committee notes the Government’s reply, which indicates that the top three pay grades of the civil service are occupied by more females than males (29 females over 24 males). It also notes, however, the Government’s indication that preparing statistical data on salary levels and occupation for all of the public sector disaggregated by sex is not practical, and that it is unable to provide statistical data regarding the private sector. In this regard, the Committee recalls that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to assess and, if necessary, to address fully the continuing remuneration gap between men and women, and that if such information is not yet available, to supply all the information that is currently available and to continue to work towards the compilation of full statistical information (see General Survey on the fundamental Conventions, 2012, paragraph 888). The Committee therefore draws the Government’s attention again to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. It therefore suggests to the Government to avail itself of technical assistance from the Office to be in a position to submit statistical data soon on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

Article 1 of the Convention. Work of equal value. The Committee notes with regret the Government’s indication that there has been no progress regarding the matter of amending section 3(1) of the Equal Pay Act of 1994, which provides for “equal pay for equal work” and is therefore not in conformity with the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government once again to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value, as specified in the Convention; and to provide information on any progress achieved in this regard.

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

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

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 comments.

Repetition

Work of equal value. The Committee notes the Government’s acknowledgement that the Equal Pay Act, 1994, is not in conformity with the principle of equal remuneration for men and women for work of equal value, and that it is important to amend the legislation to include such a provision. The Committee strongly urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value; and to keep the Committee informed of any progress achieved in this regard.

Fixing of wages. The Committee notes the Government’s indication that wages councils, in determining wages, might not have had a full grasp of the principle of “equal pay for work of equal value”, and may have been guided by the fact that some occupations are more physically demanding than others. In this connection, the Committee draws the Government’s attention to the need to ensure that criteria for the appraisal of work do not undervalue the skills, and the difficulty of working conditions in jobs performed by women (see 1986 General Survey on equal remuneration, paragraphs 150 to 152). While noting the Government’s indication that the issue will be brought to the attention of the wages councils, the Committee asks the Government to take proactive measures to ensure that the wages councils fix wages in a manner that promotes the principle of the Convention, and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. Please also supply information on the measures taken to enforce minimum wages effectively, as well as information on any complaints received on minimum wages violations, the sanctions imposed and the remedies provided.

Objective job evaluation. The Committee notes that in response to its previous comments concerning objective job evaluation, the Government indicates that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents on the necessity to link pay increases to a performance salary scale within any collective agreements. The Committee hopes that the Government will adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard. The Committee also asks the Government, as previously requested, to provide further information on the contents of the recommendations made in the context of the public sector job classification, as well as on the impact they have had in ensuring the application of the principle of the Convention.

Promotional measures. The Committee notes the Government’s indication that serious consideration has been given to training and awareness-raising activities on the Convention’s principles among public officials, workers and employers. It also notes that a series of activities has been planned through the Gender Affairs Division and the National Council of Women. The Committee recalls the importance of training public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee asks the Government to continue to provide information on training and awareness-raising activities taken or envisaged to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, and to report on the progress made. The Committee also asks the Government to provide detailed information on the activities taken or envisaged to promote the principle of the Convention through the Gender Affairs Division and the National Council of Women.

Enforcement. The Committee notes from the Government’s report that the labour inspection services have not found any cases of non-compliance with the principle of equal remuneration between men and women for work of equal value; and that no workers have raised complaints in this respect. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any measures have been taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. Please also continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. Noting that no information has been provided with respect to its previous request, the Committee once again asks the Government to provide statistical data on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

Work of equal value. The Committee notes the Government’s acknowledgement that the Equal Pay Act, 1994, is not in conformity with the principle of equal remuneration for men and women for work of equal value, and that it is important to amend the legislation to include such a provision. The Committee strongly urges the Government to take steps to amend section 3(1) of the Equal Pay Act without further delay in order to ensure that the legislation provides for equal remuneration for men and women for work of equal value; and to keep the Committee informed of any progress achieved in this regard.

Fixing of wages. The Committee notes the Government’s indication that wages councils, in determining wages, might not have had a full grasp of the principle of “equal pay for work of equal value”, and may have been guided by the fact that some occupations are more physically demanding than others. In this connection, the Committee draws the Government’s attention to the need to ensure that criteria for the appraisal of work do not undervalue the skills, and the difficulty of working conditions in jobs performed by women (see 1986 General Survey on equal remuneration, paragraphs 150 to 152). While noting the Government’s indication that the issue will be brought to the attention of the wages councils, the Committee asks the Government to take proactive measures to ensure that the wages councils fix wages in a manner that promotes the principle of the Convention, and that wages for jobs predominantly occupied by women are not fixed at a rate lower than those predominantly occupied by men when both sets of jobs are of equal value. Please also supply information on the measures taken to enforce minimum wages effectively, as well as information on any complaints received on minimum wages violations, the sanctions imposed and the remedies provided.

Objective job evaluation. The Committee notes that in response to its previous comments concerning objective job evaluation, the Government indicates that measures have been taken by the National Labour Congress and the Saint Vincent and the Grenadines Employers Federation to sensitize their constituents on the necessity to link pay increases to a performance salary scale within any collective agreements. The Committee hopes that the Government will adopt measures to ensure objective job evaluation in the public sector and promote it in the private sector, and asks it to provide information on progress achieved in this regard. The Committee also asks the Government, as previously requested, to provide further information on the contents of the recommendations made in the context of the public sector job classification, as well as on the impact they have had in ensuring the application of the principle of the Convention.

Promotional measures. The Committee notes the Government’s indication that serious consideration has been given to training and awareness-raising activities on the Convention’s principles among public officials, workers and employers. It also notes that a series of activities has been planned through the Gender Affairs Division and the National Council of Women. The Committee recalls the importance of training public officials, workers, employers and their organizations on the principle of equal remuneration for men and women for work of equal value in the public and the private sectors. The Committee asks the Government to continue to provide information on training and awareness-raising activities taken or envisaged to promote the principle of the Convention among public officials, workers, employers and their organizations, and other relevant target groups, and to report on the progress made. The Committee also asks the Government to provide detailed information on the activities taken or envisaged to promote the principle of the Convention through the Gender Affairs Division and the National Council of Women.

Enforcement. The Committee notes from the Government’s report that the labour inspection services have not found any cases of non-compliance with the principle of equal remuneration between men and women for work of equal value; and that no workers have raised complaints in this respect. The Committee recalls that the absence of complaints on pay inequalities may result from the lack of knowledge of the rights derived from the Convention among workers as well as law enforcers, or difficulties in accessing complaints and dispute resolution mechanisms. The Committee asks the Government to indicate whether any measures have been taken or envisaged to increase workers’ awareness of the principle of the Convention and dispute resolution machinery, and to improve the capacity of labour inspectors to promote and enforce the principle of equal remuneration for men and women for work of equal value. Please also continue to supply information on any violations detected by or brought to the attention of the labour inspection services, the sanctions imposed and the remedies provided; as well as information on any judicial decisions relating to the application of the Convention.

Statistics. Noting that no information has been provided with respect to its previous request, the Committee once again asks the Government to provide statistical data on salary levels and occupations, disaggregated by sex, in the public and the private sectors.

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

Work of equal value. The Committee recalls its previous comments on section 3(1) of the Equal Pay Act, 1994, providing only for equal pay for equal work. The Committee regrets to note that the Government once again merely indicates that the issue of amending the legislation in order to ensure conformity with the Convention will be brought to the attention of the Cabinet. The Committee recalls its 2006 general observation on this issue and urges the Government to take the necessary steps to ensure that the legislation provides for equal remuneration for men and women for work of equal value.

Fixing of wages. The Committee notes the adoption of several new wages regulations orders in 2008 for security workers, agricultural workers, domestic workers, hotel workers, industrial workers, workers in offices of professionals and shop assistants. The Committee notes the Government’s indication that the principle of equal pay is being assured though the participation in the wages councils of representatives from the trade unions and the St. Vincent and the Grenadines Employers’ Federation. The Committee notes, however, that the Wages Regulations (Agricultural Workers) Orders, the Wages Regulations (Hotel Workers) Order 2008, and the Wages Regulations (Shop Assistants) Order 2008 still include certain male or female connotations for certain occupations such as “watchman”, “houseman/bellboy”, “hostess” which may indicate that these occupations are only open to either men or women and therefore involve a gender bias in determining the wages for these occupations. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of men and women employed in each of the occupations and their corresponding wage scales covered by the Orders. Please also indicate how the wages councils ensure that in fixing the wages for the different occupations, rates for female-dominated occupations are not set below the level of rates set for male-dominated occupations involving work of equal value.

Objective job evaluation. The Committee notes that the results of the comprehensive public sector job classification exercise have been rejected by the major trade unions which led to a review of the process and a series of new recommendations. The recommendations have been accepted by Cabinet and are awaiting implementation. The Committee asks the Government to provide further information on the contents of the recommendations made and on their implementation, as well as on the impact they have had in ensuring the application of the principle of equal remuneration in the public sector. Please also indicate whether any measures have been taken to promote the use of objective job evaluation in the private sector.

Enforcement. The Committee notes that the Government once again affirms that the labour inspection services have not observed any discrimination with respect to remuneration between men and women nor have any complaints been lodged with the Department of Labour. The Committee draws the attention of the Government to the fact that the absence of complaints about equal remuneration does not necessarily imply that the principle of the Convention is being fully applied. On the contrary, it might be an indication that the national legislation on equal pay and the existing complaints mechanisms are inadequate or ineffective. The Committee encourages the Government to examine whether the current complaints and enforcement mechanisms are effectively responding to the needs of male and female workers to raise complaints with respect to gender differences in remuneration for work of equal value. Please also continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including on any cases of unequal remuneration dealt with.

Promotional measures. The Committee notes the Government’s statement that there is not much value in taking measures to promote the principle of the Convention since no discrimination has been found. The Committee recalls once again its 2006 general observation indicating that the principle of the Convention does not only concern equal remuneration between men and women for equal work but also for work that is of a different nature but nevertheless of equal value. From the Government’s replies to previous comments, the Committee is bound to conclude that some misunderstanding does in fact exist regarding the scope and implications of the principle of work of equal value. The Committee therefore reiterates its requests to the Government to undertake training and awareness raising on the Convention’s principle among public officials, workers, employers and their organizations and other relevant target groups, and to report on the progress made. Please also provide information on the measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

Statistics. The Committee notes the statistics on men and women in top positions in the public service in 2007. However, without an indication of the earnings of men and women in these positions, as well as in other occupations and posts in the public service and the private sector, it is difficult for the Committee to assess whether the principle of the Convention is being applied. The Committee trusts that the Government will provide such information in its next report.

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

1. Work of equal value. The Committee recalls that section 3(1) of the Equal Pay Act, 1994, guarantees “equal pay for equal work”, which is not fully in accordance with the Convention. The Committee draws the Government’s attention to its 2006 general observation in which it stressed that the concept of work of equal value includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Government’s report indicates that the issue of amending the legislation in order to ensure conformity with the Convention would be drawn to the attention of cabinet. The Committee asks the Government to provide information on the steps taken to ensure that the legislation provides for equal remuneration for men and women for work of equal value, and any progress made in this regard.

2. Fixing of wages. The Committee notes that in 2003 the Government adopted seven regulations to establish minimum wages covering agricultural workers, domestic workers, industrial workers and shop assistants and, for the first time, also for hotel workers, security workers, and workers in offices of professionals. The Committee also notes the Government’s indication that the application of the Convention’s principle was principally ensured through the involvement of workers’ and employers’ organizations in the minimum wage fixing process. The Committee asks the Government to provide copies of all the minimum wage orders currently in force. The Committee also asks the Government to indicate how it is ensured in the minimum wage fixing process that rates for female-dominated occupations are not set below the level of rates for male-dominated occupations involving work of equal value.

3. Objective job evaluation. The Committee notes that a comprehensive public sector job reclassification exercise was completed in 2004 and that the Ministry of the Public Service was working on the implementation of some of the recommendations made in this context. The Committee asks the Government to indicate the outcome of the reclassification exercise, including information on how the principle of the Convention was taken into account, and on the recommendations implemented by the Government. The Committee also asks the Government to indicate whether any measures have been taken to promote the use of objective job evaluation methods in the private sector.

4. Enforcement. The Committee notes that no violations of the principle of equal remuneration for work of equal value have been found in the course of labour inspection, nor have any complaints been brought. The Government is asked to continue to provide information on the activities of the competent authorities monitoring the equal remuneration legislation, including information on any cases of unequal remuneration dealt with.

5. Promotional measures. As indicated in its 2006 general observation, difficulties in applying the principle of the Convention in law and in practice often result from a lack of understanding of the scope and implications of the principle of equal remuneration for men and women for work of equal value. The Committee therefore asks the Government, in cooperation with workers’ and employers’ organizations, to promote training and awareness raising of the Convention’s principle among public officials, workers and employers and other relevant target groups, and to indicate any steps taken in this regard. The Committee reiterates its request for information on any measures taken by the Department of Women’s Affairs and the National Council of Women to promote equal remuneration for men and women for work of equal value.

6. Statistical information. While noting the information provided by the Government concerning the distribution of men and women occupying posts as permanent secretaries within the public service and heads of departments of Government, the Committee notes that the Government has not yet provided statistical information on the earnings of men and women. The Committee asks the Government to provide such information in its next report.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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 of the Convention. Basic principle of equal value. The Committee notes that section 2(1) of the Equal Pay Act, 1994, defines remuneration in a broad sense, which is in accordance with the definition contained in Article 1(a) of the Convention. However, section 3(1) of the Equal Pay Act, 1994, guarantees “equal pay for equal work”, which is not in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of “equal remuneration for men and women workers for work of equal value”. Noting that the definition of “equal work” in section 2 of the Act is defined in such a way that it reflects to some extent the concept of equal value, though in a very restricted way, the Committee asks the Government to provide information in its next report on the practical application of section 3(1). It also asks whether the Government has contemplated amending the wording of “equal work” to “work of equal value” in order to ensure full legislative conformity with the Convention, in accordance with Article 1(b) of the Convention.

2. Article 2. Fixing of wages. The Committee notes minimum wages are set by wage orders to industrial workers, shop assistants, domestic workers, agricultural workers and port workers. It also notes that proposals are currently being drawn up for fixing minimum wage rates for hotel workers, security personnel and workers in offices of professionals. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of regulatory requirements and guidance in providing a framework of equality when wages are set by collective agreements. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to establish minimum wages for the sectors mentioned above, or for other sectors. It also requests the Government to communicate the schedule applicable to the sugar industry. It also asks the Government to provide information on the manner in which wage councils ensure the application of the Convention.

3. Article 3. Job appraisals. The Committee notes the Government’s statement that job appraisals are carried out for public servants, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been applied in the public sector. Please also provide information on any job appraisals that may have been undertaken in the private sector. The Committee also asks the Government to provide with its next report detailed information with respect to job classifications and/or pay rates for the public sector.

4. Article 4. The Committee asks the Government to provide information with its next report on consultations held with the social partners leading up to the adoption of such measures ensuring equal remuneration for men and women workers for work of equal value.

5. Part IV of the report form. Record keeping. The Committee notes the Government’s statement that employers are obliged to keep records of remuneration, and that labour inspections are carried out to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

6. The Committee notes the statement that the Labour Department administers the legislation ensuring the application of equal remuneration and asks the Government to provide detailed information in its next report on activities carried out by this Department. It also asks the Government to provide information in its next report on the activities carried out by the Department of Women’s Affairs and the National Council of Women, including copies of reports, publications, etc., disseminating the principle of this Convention.

7. Part V of the report form. Statistical information. The Committee notes the Government’s statement that no statistical information has been collected to ensure the application of the Convention. The Committee wishes to draw the Government’s attention to its 1998 general observation, in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also notes the Government’s statement that more women than men are employed in top positions in the public sector and asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade or rank.

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

The Committee notes the information contained in the Government’s first report, including copies of the legislation attached.

1. Article 1 of the Convention. Basic principle of equal value. The Committee notes that section 2(1) of the Equal Pay Act, 1994, defines remuneration in a broad sense, which is in accordance with the definition contained in Article 1(a) of the Convention. However, section 3(1) of the Equal Pay Act, 1994, guarantees "equal pay for equal work", which is not in accordance with the definition contained in Article 1(b) of the Convention, which sets out the principle of "equal remuneration for men and women workers for work of equal value". Noting that the definition of "equal work" in section 2 of the Act is defined in such a way that it reflects to some extent the concept of equal value, though in a very restricted way, the Committee asks the Government to provide information in its next report on the practical application of section 3(1). It also asks whether the Government has contemplated amending the wording of "equal work" to "work of equal value" in order to ensure full legislative conformity with the Convention, in accordance with Article 1(b) of the Convention.

2. Article 2. Fixing of wages. The Committee notes minimum wages are set by wage orders to industrial workers, shop assistants, domestic workers, agricultural workers and port workers. It also notes that proposals are currently being drawn up for fixing minimum wage rates for hotel workers, security personnel and workers in offices of professionals. The Committee recalls in this respect that the minimum wage is a significant means of ensuring the application of the Convention. It further recalls the importance of regulatory requirements and guidance in providing a framework of equality when wages are set by collective agreements. The Committee therefore asks the Government to indicate in its next report whether any regulations or other measures have been adopted to establish minimum wages for the sectors mentioned above, or for other sectors. It also requests the Government to communicate the schedule applicable to the sugar industry. It also asks the Government to provide information on the manner in which wage councils ensure the application of the Convention.

3. Article 3. Job appraisals. The Committee notes the Government’s statement that job appraisals are carried out for public servants, in accordance with Article 3 of the Convention. The Committee asks the Government to provide detailed information in its next report on the job appraisal methodology that has been applied in the public sector. Please also provide information on any job appraisals that may have been undertaken in the private sector. The Committee also asks the Government to provide with its next report detailed information with respect to job classifications and/or pay rates for the public sector.

4. Article 4. The Committee asks the Government to provide information with its next report on consultations held with the social partners leading up to the adoption of such measures ensuring equal remuneration for men and women workers for work of equal value.

5. Part IV of the report form. Record keeping. The Committee notes the Government’s statement that employers are obliged to keep records of remuneration, and that labour inspections are carried out to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. It asks the Government to provide detailed information with its next report on the activities carried out and methods used by the labour inspection service to promote and ensure the principle of equal remuneration for men and women workers for work of equal value. The Committee also asks the Government to provide information with its next report on the procedures available for lodging complaints in both the private and public sectors, and the outcome of any complaints that have been made relating to the principle of equal remuneration.

6. The Committee notes the statement that the Labour Department administers the legislation ensuring the application of equal remuneration and asks the Government to provide detailed information in its next report on activities carried out by this Department. It also asks the Government to provide information in its next report on the activities carried out by the Department of Women’s Affairs and the National Council of Women, including copies of reports, publications, etc., disseminating the principle of this Convention.

7. Part V of the report form. Statistical information. The Committee notes the Government’s statement that no statistical information has been collected to ensure the application of the Convention. The Committee wishes to draw the Government’s attention to its 1998 general observation (which is attached for easy reference), in which it emphasizes the importance of gathering and analysing statistics on salary levels, disaggregated by sex, in order to permit the Committee to evaluate adequately the nature, extent and causes of the salary differentials between men and women. The Committee also notes the Government’s statement that more women than men are employed in top positions in the public sector and asks the Government to provide information with its next report on the number of women and men employed in the public sector by grade or rank.