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

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

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

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

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

Articles 1–4 of the Convention. Gender wage gap. Previously, the Committee requested the Government to: (1) strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (2) provide information on the specific measures taken to address the gender remuneration gap; and (3) provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee notes that the Government’s report does not contain information in response to its questions. It notes, however, from the Government’s report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), that the percentage of women with at least secondary school education represented 52.3 per cent in 2016. Recalling that it had previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender wage gap in the country, the Committee once again requests the Government to: (i) step up its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; (ii) provide information on the specific measures taken to address the gender wage gap by identifying and addressing its underlying causes, such as vertical and horizontal job segregation and gender stereotypes, in both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay; and (iii) provide updated statistical information on the earnings of men and women in all sectors and occupations.

Articles 1 and 2. Equal remuneration for men and women for work of equal value. Legislation. In its previous observation, the Committee requested the Government to provide information on: (1) the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, based on the principle of equal remuneration for men and women for work of equal value, as required by the Convention; (2) the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance; (3) the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, and particularly the number of violations dealt with by labour inspectors, courts and the Gender Equity and Equality Commission, and the penalties imposed; and (4) the progress made with the draft Labour Code.

The Committee notes the document containing “method and criteria used to evaluate demands of specific jobs to cater for the principle of work of equal value in the public service” of May 2021, attached to the Government’s report. It notes that the document outlines the factors to be used for the evaluation of management jobs and non-management jobs in the public service. These factors include: professional, academic and vocational qualifications; relevant previous experience; skills; physical and mental effort; responsibility; hazards; and working conditions. The Committee also notes that an appeal procedure is available for workers who consider that the job evaluation is incorrect. The Committee however notes that the document refers to “equal pay for equal work” explaining that “personnel in job positions with similar job content would be remunerated comparably”, which is narrower than the principle of the Convention as well as the notion of “work of equal value”, as defined in section 31 of the Gender Equity and Equality Act. Concerning the private sector, the Committee notes the Government’s indication that it monitors, through the Ministries of Gender, and Labour and Social Security, compliance with the Gender Equity and Equality Act by means that include the conclusion of collective agreements, contracts of employment attested by the labour officers and the undertaking of labour inspections. The Government also indicates that it carries out sensitization programmes on TV, radio, electronic and social media.

The Committee notes with satisfaction that section 5(4) of the Employment Code Act, No. 3 of 2019, provides that: “An employer shall pay an employee equal wages for work of equal value”. It also notes that section 3 of the Act defines wage as “the pay, remuneration or earnings, however designated or calculated, capable of being expressed in terms of money and fixed by a contract of employment which are payable by an employer to an employee for work done or to be done or for services rendered or to be rendered”. In this regard, the Committee recalls that Article 1(a) of the Convention contains a broad definition of remuneration that also includes “any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment”. Noting the document outlining methods and criteria for job evaluations in the public service refers to equal pay for “equal work”, the Committee requests the Government to indicate how it is ensured that the job evaluation methods and criteria applied in the public service also cover in practice work of a different nature that is of “equal value”, and to provide information on any appeals filed against job evaluations and the corrective measures adopted as a result. The Committee also requests the Government to supply information on the results of the monitoring activities undertaken through the Ministries of Gender, and Labour and Social Security concerning the application of the Convention in the private sector and to continue providing information on the application of section 31 of the Gender Equity and Equality Act in practice. The Government is also requested to clarify whether section 5(4) of the Employment Code Act, 2019, also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, and to provide examples of the application in practice of this provision.

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

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

Article 2 of the Convention. Application of the principle by collective agreements. The Committee previously noted the collective agreements, including the wages scales, concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector and requested information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements. While noting that the Government does not provide this repeatedly requested information, the Committee notes the Government’s statement, in its report, that an examination process of several collective agreements has been conducted and that no salary differentials between men and women have been detected. The Committee wishes to point out that even when a collective agreement does not explicitly provide for different remuneration rates for men and women or when it only prohibits sex-based wage discrimination, this will not normally be sufficient to give effect to the Convention as it does not fully capture the concept of work of equal value set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 676). The Committee requests the Government to provide further information on the examination process in relation to several collective agreements, including the collective agreements covered, the methods and criteria used for the assessment, as well as any specific activities undertaken in collaboration with employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced. The Committee again requests the Government to provide information on the distribution of men and women in the different grades and wage scales provided for in collective agreements, including in those concluded in the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. Please provide a copy of any relevant provisions of collective agreements currently in force which address the issue of equal remuneration for men and women.

Enforcement. The Committee notes that the Gender Equity and Equality Act, 2015, establishes the Gender Equity and Equality Commission and that section 41 provides that complaints alleging that any person, public body or private body has contravened this Act can be lodged before the Commission. The Commission may conduct investigations, make orders with respect to any remedies or compensation, and refer the case to the competent authorities. The Committee notes the Government’s indication that the Convention is being applied reasonably well, given that no complaint or court decision referring to the Convention has been made and labour inspections reports have not revealed any infringement regarding the application of the Convention. The Committee recalls that where no cases or complaints are being lodged, this may 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 (see 2012 General Survey, paragraph 870). The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including the establishment of the Gender Equity and Equality Commission, and to provide information on any activities undertaken in this regard. It further requests the Government to provide information on any cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the Gender Equity and Equality Commission, the courts or any other competent authorities, as well as any decision issued in this regard.

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

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that a definition of “equal pay for work of equal value” was included in the draft Employment Act (Amendment Bill) but drew the Government’s attention to the fact that this definition was narrower than the concept set out in Article 1(b) of the Convention. The Committee takes note of the adoption of the Employment Amendment Act in 2015 but observes that it does not contain any provision in this regard. It notes the Government’s indication, in its report, that a Labour Code is currently being drafted and would take into consideration the concerns previously expressed by the Committee. The Committee notes with interest that section 31(1)(e) of the Gender Equity and Equality Act, adopted on 23 December 2015, provides that a woman has, on an equal basis with a man, “the same right to equal remuneration, benefits and treatment in respect of work of equal value”. It notes that “work of equal value” is defined as “work that is equal in terms of the demands it makes with regard to matters such as skill, duty, physical and material effort, responsibility, conditions of work and remuneration”. It observes that the definition of the term “remuneration” corresponds to the definition provided by Article 1(a). The Committee further notes that section 31(2)(e) provides that “an employer shall not discriminate against a woman when determining remuneration, benefits, retirement and social security” according to section 31(4)(c) and (d), and that “a person, public body or private body shall not fail to respect the principle of equal pay for equal work; or perpetuate disproportionate income differentials deriving from past discrimination”; a person who contravenes these provisions commits an offence and may be convicted with a fine (section 31(6)). Noting that section 31(2)(e) refers to equal pay for “equal work”, the Committee draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, 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 (see 2012 General Survey on the fundamental Conventions, paragraph 673). The Committee requests the Government to provide information on the actual methods and criteria used to evaluate the “demands” made by a specific job, in order to ensure that the definition of the expression “work of equal value” provided for in section 31 of the Gender Equity and Equality Act, 2015, permits a broad scope of comparison in practice, including but going beyond equal remuneration for equal work, as required by the Convention. It requests the Government to provide information on the measures taken to raise awareness among workers, employers and their respective organizations of the new equal remuneration provisions and the existence of penalties for non-observance. The Committee requests the Government to provide information on the application and enforcement of section 31 of the Gender Equity and Equality Act in practice, particularly the number of infringements reported to labour inspectors, courts and the Gender Equity and Equality Commission and the penalties imposed. In light of the ongoing legislative developments, the Committee requests the Government to provide information on the status of the elaboration of the draft Labour Code and hopes that it will fully reflect the principle of the Convention.

Earnings differentials between men and women. The Committee previously noted the persistent vertical and horizontal segregation of men and women in certain sectors and occupations, as well as the significant gender pay gap. It notes from the 2017 labour market indicators available from the Central Statistical Office that 33.1 per cent of the working population is in the formal sector and that 24.8 per cent of the population is formally employed, only 26.3 per cent of whom are women. It notes that, in 2018, the Central Statistical Office published a report Gender statistics on women’s representation in local government indicating that Zambia is one of the lowest ranked countries in the Southern African Development Community (SADC) region in terms of women’s participation at local government level (9 per cent as of 2016), and highlighted the need to strengthen the collection and presentation of quality gender statistics in order to ensure that adequate information is available and accessible to undertake gender analysis for more targeted interventions and the effective participation of women at all levels. While noting the absence of available information on the earnings of men and women in the different sectors and occupations, the Committee notes with concern the Government’s statement that there is no gender pay gap in the country but only male- or female-dominated industries. It notes that the National Gender Equality Policy, as revised in 2014, highlights that women are concentrated in the lowest-paying sectors and non-technical jobs as a result of their lower education levels, and acknowledges that discrimination against women in the country is embodied in traditional rules and practices resulting in lasting constraints on women’s socio-economic empowerment and progress. Noting that the elimination of gender bias has been identified as an objective of the Gender Equity and Equality Act, 2015, the Committee draws the Government’s attention to the fact that, due to historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences and capabilities and their suitability for certain jobs, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias. The Committee recalls that the principle has been applied to compare the remuneration received by men and women engaged in different occupations, such as wardens in sheltered accommodation for the elderly (predominantly women) and security guards in office premises (predominantly men); or school meal supervisors (predominantly women) and garden and park supervisors (predominantly men) (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 675). The Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers’ and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay, including in the context of the revised National Gender Equality Policy and the Gender Equity and Equality Act, 2015. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the earnings of men and women in all the sectors and occupations of the economy. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

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

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

Article 1 of the Convention. Legislation. The Committee recalls that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles are to be remunerated equally”, which is narrower than the concept of equal remuneration for work of equal value provided for in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women. The Government’s report states that the current laws and policies confer equal remuneration to male and female employees across sectors for work of equal value undertaken in a given employment under the same conditions of service. The Committee emphasizes that the concept of work of equal value is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going 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 (see General Survey on the fundamental Conventions, 2012, paragraph 673). Noting that the Employment Act (Amendment Bill) is still under review, the Committee urges the Government to take the necessary steps to ensure that the final provisions of the Employment Act, will specifically guarantee equal remuneration between men and women for work of equal value, and will not be limited to equal remuneration for men and women performing work that is similar or the same, but will also cover work performed by men and women in conditions that are entirely different but nevertheless of equal value.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey 2012 that 15.4 per cent of all employment is in the formal economy and women make up 28.8 per cent of formal economy workers. The Survey findings confirm the persisting vertical and horizontal segregation of men and women in several sectors and occupations and indicate that remuneration levels differ considerably, with women receiving 62.8 per cent of men’s average monthly earnings. The percentage of women in the lowest earning bracket is over double that of men and inversely the percentage of men in the highest earning bracket is almost double that of women. With respect to earning levels by occupation, women managers receive just over half the salary of male managers, and female professionals earn 72.7 per cent of the salary of male professionals. In trades and craft work, women earn a mere 33 per cent of men’s earnings, and in elementary occupations, women earn 69.6 per cent of the salary that men earn in the same occupational grouping. The Committee recalls that wage inequalities often arise due to the segregation of men and women into certain sectors and occupations, often resulting from societal stereotypes on the suitability of certain jobs for men and women. Continued measures are therefore required to improve the access of women to a wider range of job opportunities at all levels to help to reduce inequalities in remuneration that exist between men and women in the labour market (see General Survey on the fundamental Conventions, 2012, paragraph 713). The Committee also refers in this respect to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee once again asks the Government, with a view to addressing occupational gender segregation and significant differences in earnings between men and women, to take more proactive measures including addressing occupational gender stereotyping and examining the underlying causes of the gender pay gap covering both the formal and informal economy. Noting that the National Gender Policy is under review, the Committee hopes that it will take into account the need for measures to address the gender pay gap, and asks the Government to provide information on any steps taken in this regard.

Collective agreements. The Government indicates that there is no gender discrimination with respect to remuneration for work of equal value in the collective agreements for the public health sector, building and engineering sector, security services sector, financial institutions and mining sector, and that wage disparities between male and female employees may exist due to more higher paid positions held by men. In order to effectively assess the extent and nature of wage differences between men and women in the context of collective agreements and to determine appropriate measures to be taken to address unequal pay, the Committee asks the Government to take additional steps to collect and provide information on the distribution of men and women in the different grades and wage scales provided for in collective agreements that have been concluded for the public health sector, building and engineering sector, security services sector, financial institutions and mining sector.

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

Article 1 of the Convention. Legislation. The Committee recalls that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women. The Committee notes the Government’s statement that the proposed amendments to the Employment Act, Cap 268, have not yet been adopted but that the word “equitably” has been changed to read “equally”, and that the definition embraces the concept of equal remuneration between men and women. The Committee must note that even with these modifications the concept of equal remuneration in the draft provisions continues to be narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee refers to its 2006 general observation, and urges the Government to take the necessary steps to ensure that the final provisions of the Employment Act, will specifically guarantee equal remuneration between men and women for work of equal value, and will not be limited to equal remuneration for men and women performing work that is similar or the same, but will cover also work performed by men and women in conditions that are entirely different but nevertheless of equal value. The Committee asks the Government to provide information on further progress made in reviewing the Employment Act in this respect.

Analysing the gender remuneration gap. The Committee notes the Government’s indication that a comprehensive wages survey has not yet been undertaken and that technical assistance has been sought from the Office to improve wage data collection. A Wage Module will be developed with ILO assistance for the Labour Force Survey in 2012. The Committee hopes that the Government will soon be in a position to collect data on employment and earnings in the various industries, sectors and occupations, that are disaggregated by sex, with a view to assessing the nature and extent of the remuneration gap in the country, and asks the Government to provide information on wage data collected in the context of the Labour Force Survey 2012, including any preliminary results, as soon as these are available.

Earnings differentials between men and women. The Committee previously noted from the Labour Force Survey that significant differences in earnings existed between men and women, with men earning almost twice as much as women, especially in the agriculture, forestry and fisheries industries, in which women predominated (52.3 per cent) and within the energy industry and in managerial occupations. The Committee notes the Government’s statement that men and women who have the same jobs and qualifications receive the same wages, and that the wage differences may be attributed to the fact that the Labour Force Survey focused on average monthly earnings in a particular occupation (for both the formal and informal economy) and because of the number of women working in the informal economy and positions they held at the time of the survey. As real differences in earnings between men and women may also be attributed to the differences in educational levels, the Government has adopted the affirmative action (re-entry) policy to enable pregnant students to return to school after delivery. The Committee recalls that measures to promote and ensure equal remuneration for men and women for work of equal value should go beyond ensuring equal remuneration for men and women performing the same jobs and having the same qualifications. As the principle is closely linked to position and status of women more generally in employment and society, wage inequalities often arise due to segregation of men and women in certain sectors and occupations, often resulting from societal stereotypes on the suitability of certain jobs to men and women. Therefore, measures are required to improve the access of women to a wider range of job opportunities and at all levels to help to reduce inequalities in remuneration that exist between men and women in the labour market. The Committee therefore asks the Government, with a view to addressing the significant differences in earnings between men and women noted previously, to take more proactive measures, including addressing occupational gender stereotyping and examining the underlying causes of the gender pay gap covering both the formal and informal economy. The Committee asks the Government to provide detailed information on the implementation of all measures taken or envisaged, including under the National Gender Policy, and the results achieved, with a view to reducing differences in remuneration between men and women and promoting the principle of the Convention. With respect to the activities of the Citizens Economic Empowerment Committee, including skills development and preferential procurement and reservation schemes for women, the Committee asks the Government to refer to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee reiterates its request to the Government to provide information, where available, on the distribution of men and women in the different grades and wage scales provided for in collective agreements that have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector.

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

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:

Article 1 of the Convention. Legislation. The Committee notes that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women, which is often where disparity or inequality in wages can be found. The Committee further notes the Government’s statement that the review of the Employment Act, Cap 268, will incorporate the principle of equal remuneration. The Committee refers to its 2006 general observation, and it hopes that the new provisions of the Employment Act, Cap 268, will specifically guarantee equal remuneration between men and women for work of equal value. The Committee asks the Government to provide information on the progress made in reviewing the Employment Act in this respect.

Analysing the gender wage gap. The Committee notes with interest that, in 2007, the Labour Statistical Office published its first Labour Force Survey Report (LFS–2005) in almost 20 years. The Committee notes that the survey contains detailed sex-disaggregated data on employment, unemployment, underemployment and levels of income and earnings. The Committee further notes the Government’s indication that it has planned to undertake a comprehensive wages survey as a way of strengthening the Labour Market Information System. The Committee encourages the Government to continue its efforts in collecting data on employment and earnings that are disaggregated by sex. It trusts that the forthcoming wages survey will allow for an assessment of the gender wage gap in the various industries, sectors and occupations. Please provide a copy of the survey when finalized.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey that significant differences in earnings exist between men and women with, in 2005, men earning almost twice as much as women. The results show that the agriculture, forestry and fisheries industries, which is the only sector where women predominate (52.3 per cent), has the lowest-paid occupations and the highest proportion of workers in the lowest earnings group. One-fifth is reported to have no income at all. The results also indicate large differences in earnings between men and women within the energy industry and in managerial occupations. For example, in rural areas, male managers and administrators earned three times more than their female counterparts. Furthermore, average earnings of men were two times higher than those of women among those who worked an average of
40–49 hours per week; this group is also the highest earnings group in terms of hours of work. The Committee further notes from the Government’s report that the National Gender Policy envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; (b) ensuring equal employment opportunities in all sectors of the economy; and (c) devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotyped employment perceived to be only suitable to women. The Committee asks the Government as follows: (i) to determine the reasons for the differences in earnings between men and women and to provide information on any measures taken or envisaged to address any of the causes identified; and (ii) to indicate how any of the measures taken or envisaged under the National Gender Policy are helping, or have helped, to reduce differences in remuneration between men and women.

The Committee notes the adoption of the Citizens Economic Empowerment Act, No. 9 of 2006, which establishes the Citizens Economic Empowerment Commission and which includes the promotion of gender equality among its main objectives. The Committee asks the Government to provide information on any measures taken by the Citizens Economic Empowerment Committee to promote the provisions of the Convention. For a detailed examination of the Act, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee notes the collective agreements, including the wage scales, attached to the Government’s report, which have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. The Committee asks the Government to provide information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements.

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

Article 1 of the Convention. Legislation. The Committee notes that the draft Employment Act (Amendment Bill) defines equal pay for work of equal value as meaning that “an expatriate or Zambian professional with matching qualifications holding similar roles be remunerated equitably”, which is narrower than the concept of “equal remuneration for work of equal value” set out in Article 1(b) of the Convention. Moreover, the definition does not address equal remuneration between men and women, which is often where disparity or inequality in wages can be found. The Committee further notes the Government’s statement that the review of the Employment Act, Cap 268, will incorporate the principle of equal remuneration. The Committee refers to its 2006 general observation, and it hopes that the new provisions of the Employment Act, Cap 268, will specifically guarantee equal remuneration between men and women for work of equal value. The Committee asks the Government to provide information on the progress made in reviewing the Employment Act in this respect.

Analysing the gender wage gap. The Committee notes with interest that, in 2007, the Labour Statistical Office published its first Labour Force Survey Report (LFS–2005) in almost 20 years. The Committee notes that the survey contains detailed sex-disaggregated data on employment, unemployment, underemployment and levels of income and earnings. The Committee further notes the Government’s indication that it has planned to undertake a comprehensive wages survey as a way of strengthening the Labour Market Information System. The Committee encourages the Government to continue its efforts in collecting data on employment and earnings that are disaggregated by sex. It trusts that the forthcoming wages survey will allow for an assessment of the gender wage gap in the various industries, sectors and occupations. Please provide a copy of the survey when finalized.

Earnings differentials between men and women. The Committee notes from the Labour Force Survey that significant differences in earnings exist between men and women with, in 2005, men earning almost twice as much as women. The results show that the agriculture, forestry and fisheries industries, which is the only sector where women predominate (52.3 per cent), has the lowest-paid occupations and the highest proportion of workers in the lowest earnings group. One-fifth is reported to have no income at all. The results also indicate large differences in earnings between men and women within the energy industry and in managerial occupations. For example, in rural areas, male managers and administrators earned three times more than their female counterparts. Furthermore, average earnings of men were two times higher than those of women among those who worked an average of 40–49 hours per week; this group is also the highest earnings group in terms of hours of work. The Committee further notes from the Government’s report that the National Gender Policy envisages measures aimed at: (a) removing barriers that prevent women’s effective participation in formal and informal employment; (b) ensuring equal employment opportunities in all sectors of the economy; and (c) devising mechanisms to ensure equal access of women to effective skills training, retraining and counselling and placement services that are inclined to stereotyped employment perceived to be only suitable to women. The Committee asks the Government as follows: (i) to determine the reasons for the differences in earnings between men and women and to provide information on any measures taken or envisaged to address any of the causes identified; and (ii) to indicate how any of the measures taken or envisaged under the National Gender Policy are helping, or have helped, to reduce differences in remuneration between men and women.

The Committee notes the adoption of the Citizens Economic Empowerment Act, No. 9 of 2006, which establishes the Citizens Economic Empowerment Commission and which includes the promotion of gender equality among its main objectives. The Committee asks the Government to provide information on any measures taken by the Citizens Economic Empowerment Committee to promote the provisions of the Convention. For a detailed examination of the Act, the Committee refers to its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

Collective agreements. The Committee notes the collective agreements, including the wage scales, attached to the Government’s report, which have been concluded for the public health sector, the building and engineering sector, the security services sector, the financial institutions and the mining sector. The Committee asks the Government to provide information, where available, on the distribution of men and women in the different grades and wages scales covered by these agreements.

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

1. Article 2 of the Convention. Application in practice. The Committee recalls the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to credit facilities which require husbands to co-sign for their wives’ credit applications. In its report, the Government contests the allegation that women were disadvantaged in terms of remuneration, indicating that conditions of service apply equally to men and women. With regard to access to credit facilities, the Government states that a co-signature of the husband was required only where property jointly owned by the spouses was to serve as a security for the credit. While noting this information, the Committee nevertheless encourages the Government, in cooperation with social partners, to take measures to promote the practical application of the Convention, including through awareness-raising and training activities concerning the meaning and implications of the principle of equal remuneration for men and women for work of equal value. Please provide information on any measures taken or envisaged to this end and also indicate whether any specific measures to promote equal remuneration are envisaged under the National Gender Policy, such as the promotion of objective job evaluation. Further, the Committee asks the Government to indicate whether the competent authorities have dealt with any complaints concerning unequal remuneration for men and women.

2. Collective agreements. The Committee notes that examples of collective agreements referred to in the Government’s report were not attached. It asks the Government to provide these collective agreements with its next report.

3. Statistical information. The Committee notes that the Government undertook a labour force survey in 2005 and that a labour market information system was being established. The Committee asks the Government to ensure that the data concerning earnings available through the information system is disaggregated by sex and that it allows for an assessment of the gender pay gap in the different sectors, industries and occupations. Please provide information on the progress made in establishing the labour market information system and provide, as soon as possible, detailed information on the earnings of men and women, as far as possible in accordance with the Committee’s 1998 general observation on this Convention.

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

The Committee notes with regret that the Government’s report again contains no reply to its previous comments. It hopes that the Government’s next report will include full information on the matters raised in the previous direct request, which reads in relevant parts as follows:

1. Article 2 of the Convention. Application in practice in the private sector. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to access to credit facilities which require husbands to co-sign for their wives’ credit applications. Noting the absence of a reply by the Government on these matters, the Committee asks the Government to provide this information in its next report. […]

2. Article 2. Application of the principle by collective agreements. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office.

3. Part V of the report form. Practical application. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisory positions generally.

4. Part V of the report form. Statistics. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

The Committee trusts that the Government will make every effort to provide the information requested with its next report.

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

1. Article 2 of the Convention. Application in practice in the private sector. The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) of 23 October 2002 stating that women are disadvantaged in terms of remuneration and that de facto inequalities exist with regard to access to credit facilities which require husbands to co-sign for their wives’ credit applications. Noting the absence of a reply by the Government on these matters, the Committee asks the Government to provide this information in its next report.

2. The Committee notes with some regret that the Government’s report repeats word for word the information provided by the Government in its previous report. The Committee, therefore, must repeat its previous comments which read in the relevant parts as follows:

Article 2. Application of the principle by collective agreements. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office […].

Part V of the report form. Practical application. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisory positions generally.

Part V of the report form. Statistics. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

The Committee trusts that the Government will make every effort to provide the information requested with its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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. Further to its previous comments, the Committee notes the Government’s statement in its report that the allowances provided for in Statutory Instruments Nos. 119 and 120 of 1997 apply equally to both men and women workers. Noting that housing allowances are now a subject for negotiation between the employer and the employees or their trade union, the Committee trusts the Government will undertake to ensure that no differences based on sex in relation to housing or other allowances are permitted to be introduced or applied through such agreements.

2. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office. The Committee notes the Government’s statement that the future collective agreement between Zambia Oxygen and the National Union of Building Engineering and General Workers will be revised and will state that survival benefits apply to all workers irrespective of sex. It asks the Government to provide a copy of the amended collective agreement with its next report.

3. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisorial positions generally.

4. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided in the Government’s report and the attached documentation.

1. Further to its previous comments, the Committee notes the Government’s statement in its report that the allowances provided for in Statutory Instruments Nos. 119 and 120 of 1997 apply equally to both men and women workers. Noting that housing allowances are now a subject for negotiation between the employer and the employees or their trade union, the Committee trusts the Government will undertake to ensure that no differences based on sex in relation to housing or other allowances are permitted to be introduced or applied through such agreements.

2. The Committee asks the Government to continue transmitting the texts of collective agreements covering the various sectors and to supply a copy of the collective agreement from the National Pension Scheme Authority, which it referred to as being attached to its report, but which was not received by the Office. The Committee notes the Government’s statement that the future collective agreement between Zambia Oxygen and the National Union of Building Engineering and General Workers will be revised and will state that survival benefits apply to all workers irrespective of sex. It asks the Government to provide a copy of the amended collective agreement with its next report.

3. The Committee notes the Government’s statement that various policies in the fields of education and vocational training have been adopted to promote the employment of women workers in occupations typically dominated by men, such as engineering, motor mechanics, electronic and civil engineering. The Committee therefore once again asks the Government to provide in its next report more detailed information on the specific measures adopted to promote women’s access to vocational training, guidance and counselling and in addition to provide information on any measures that have been taken to promote women workers into decision-making and supervisorial positions generally.

4. The Committee reiterates its request to the Government to keep it informed of any developments respecting the establishment of a labour market information system and to provide any available documentation in this respect. The Committee also reiterates its request for the Government to provide statistical information in its next report, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category. In this regard, the Committee refers the Government to the general observation of 1998 on this Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government as well as the attached documentation, collective agreements and statistical information.

1. The Committee notes the information on the determination of rates of remuneration and, in particular, the general Statutory Instrument (general) No. 119 and the Statutory Instrument (shop workers) No. 120 of 1997 concerning the minimum wages and conditions of employment. It notes with interest that the clauses relating to the payment of employment-related benefits contained in these statutory instruments are drawn up in terms which are not prejudicial to the persons concerned on the grounds of sex. The Committee, however, wishes to draw the Government's attention to section 14 of Statutory Instrument No. 119 concerning transport allowances and section 16 of Statutory Instrument No. 120 concerning repatriation allowances, which may be interpreted in a way that such allowances are given only to male employees. The Committee refers to its previous comments regarding the use of gender-neutral terms in collective agreements, and requests the Government to indicate whether the abovementioned allowances are granted to both male and female employees covered by the respective statutory instruments.

2. Concerning the payment of housing allowances, the Committee notes the information provided by the Government that the law on the matter has been altered and that the terms of the new text do not take into consideration the sex of the workers concerned. The Committee also notes the Government's statement that in dealing with collective agreements, it is ensuring that no discrimination of any kind, particularly on the basis of sex is entertained. It draws the Government's attention to clause 17.2 of the collective agreement concluded between Mpongwe Development Company Limited and the National Union of Plantation Agricultural Workers of the Zambia Congress of Trade Unions on Conditions of Employment (1998-2000) on housing allowances, which provides that "married female employees living with their working or housed husband or whose husband is in receipt of a housing allowance will not be entitled to housing or a housing allowance". The Committee recalls that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993) prohibits the imposition of any penalty or disadvantage on employees on the grounds of, among others, sex and marital status. The Committee would like the Government to clarify whether or not married male employees still receive a housing allowance if their wife is working or is in receipt of such an allowance. It further requests the Government to indicate the measures that have been taken to ensure that housing benefits are granted under conditions which are not based on the sex of the employee.

3. With reference to its previous comments, the Committee notes the Government's statement that the collective agreement concluded for the period 1 August 1996 to 31 July 1998 between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers has been dissolved, and that presently employers in the financial sector have individual collective agreements. In this regard, the Committee notes with interest that the attached collective agreements concluded for this sector do not contain any clauses granting benefits that differentiate on the basis of sex. It requests the Government to continue to transmit the texts of collective agreements covering the various sectors.

4. With regard to the collective agreements concluded by the enterprise "Zambia Textiles Limited" with the National Union of Commercial and Industrial Workers and "Zambia Oxygen Limited" and the National Union of Building, Engineering and General Workers, which grant certain survival benefits (special leave and cash, repatriation, ...) only to male employees, whose spouse, parent or child dies, or to the dependants of a male employee who has died, the Committee notes the Government's statement that in reality the surviving spouse is granted these benefits regardless of the sex of the worker. The Committee requests the Government to indicate the measures that have been taken to promote conformity of the above collective agreements (with the Convention and national legislation), as regards the granting of benefits without taking into consideration the sex of the workers concerned.

5. The Committee notes from the statistics compiled by Zambia Consolidated Copper Mines (ZCCM) on the distribution of men and women by skill category as of May 1996, that the very small proportion of women working in the sector are mainly employed at the professional level. The statistics also show that no women are employed at the managerial level and no male employees are working in the secretarial skill category. The Committee wishes to draw the Government's attention to the fact that the situation of women in the labour market, and in particular their concentration in so-called female sectors and occupations, is one of the origins of inequalities in remuneration between men and women. In this connection, the Committee refers to paragraph 6 of the Equal Remuneration Recommendation, 1951 (No. 90) which calls for a variety of measures to raise the productive efficiency of women as a means to facilitate the application of the principle of equal remuneration. The Committee notes the Government's statement that in terms of vocational training, vocational guidance and counselling, it is the policy to encourage more and more women to take advantage of the facilities available as a way of raising their productive efficiency. The Committee requests the Government to provide more detailed information on the specific measures taken to increase access of women to vocational training and guidance and counselling as a means to narrow the wage gap between men and women. It would also be grateful if the Government could provide statistical information, if available, on the average wages in the different sectors of the economy, including the mining industry, disaggregated by sex and by occupational category.

6. The Committee notes the Government's statement that work with regard to the establishment of a labour market information system is in progress (with possible assistance of the ILO and the World Bank). The Committee refers to its general observation of 1998 on this Convention which underlines the importance of statistical data to assist the Committee in evaluating the application of the Convention, and requests the Government to keep it informed of any further developments in this regard.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government, particularly on the methods of determining rates of remuneration, as well as the attached documentation and the information on labour inspection contained in the annual reports of the Department of Labour, in reply to its previous comments.

1. The Committee notes the information that Statutory Instrument No. 61 of 1990 (to which reference was made in its previous observation) has been repealed and replaced by Statutory Instrument No. 140 of 1993, under the terms of which the issue of the payment of housing allowances is no longer prescribed by the Government, but is determined by the social partners. While noting this transfer of responsibility, the Committee trusts that the Government, when exercising its control over the legality of the content of collective agreements under the terms of section 71(2) of the Industrial and Labour Relations Act of 1993, will endeavour in particular to ensure that the clauses relating to the payment of housing allowance (and more generally of other benefits) are drawn up in terms which are not prejudicial to the persons concerned on the grounds of their sex. The Committee requests the Government to transmit the text of Statutory Instrument No. 140 of 1993, which it states was attached to its report, but which has not been received.

2. The Committee notes with interest that the new collective agreement concluded for the period 1 August 1996 to 31 July 1998 between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers abolishes former clause 19, which provided that a "married male employee in group 1 shall receive a marriage allowance of K20 a month upon production of a satisfactory documentary proof of marriage", which was in violation of both section 108 of the Industrial and Labour Relations Act, 1993, and the principle of equal remuneration for men and women workers for work of equal value, set out in the Convention. The Committee also notes the Government's statement that it is ensuring that no collective agreements award marriage allowances or any other benefits that differentiate on the basis of sex.

3. With regard to the collective agreement concluded by the enterprise "Zambia Textiles Limited" with the National Union of Commercial and Industrial Workers, the Committee notes that in clause 21(3)(1) of this agreement it is provided that in the event of the death of a legal wife, mother, father and a child below the age of 18 years, the employee benefits from special leave with remuneration of two weeks and a loan; furthermore, under the terms of clause 22(2), the employee also benefits from financial assistance from the enterprise (purchase of a coffin, transport expenses, financial assistance, firewood, etc.). In the same way, the Committee draws the Government's attention to clause 6(08) of the collective agreement concluded between the company "Zambia Oxygen Limited" and the National Union of Building, Engineering and General Workers, which provides that in the event of the death of an employee, his wife and children under the age of 18 years shall be entitled to repatriation. The Committee requests the Government to provide information on the measures that have been taken to ensure that these benefits are granted under conditions which do not discriminate as to the sex of the employees, that is to female employees whose spouse, parent or dependent child dies or to the dependants of a female employee who dies. In more general terms, the Committee reminds the Government that such discrimination could be avoided by the systematic use of terms which do not discriminate on the grounds of the sex of the worker concerned (General Survey of 1986 on equal remuneration, paragraph 240). Recalling that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993) prohibits the imposition of any penalty or disadvantage on employees on the grounds of sex and marital status, among others, the Committee requests the Government to indicate the measures that have been taken to guarantee the conformity of the above collective agreements, as regards the granting of benefits without taking into consideration the sex of the workers concerned, in respect of the Convention and the above national labour legislation. Finally, the Committee requests the Government to continue transmitting the texts of collective agreements covering the various sectors.

4. The Committee notes that the statistics on the distribution of women and men in the classifications compiled by the Zambia Consolidated Copper Mines (ZCCM) were not received with the report. It therefore requests the Government to transmit them with its next report.

5. The Committee notes the Government's statement that the Organization and Methods Office of the Public Service (also called the Permanent Job Evaluation Office), the function of which is to provide advice to management on the economically efficient and effective use of human and material resources, does not play a role in the application of the principle of equal remuneration, responsibility for which lies with the Ministry of Labour and Social Security. In this respect, the Committee once again draws the Government's attention to paragraph 6 of the Equal Remuneration Convention, 1951 (No. 90), which suggests various measures to raise the productive efficiency of women as a means of facilitating the application of the principle contained in the Convention.

6. In its previous comments, the Committee noted that the difficulties encountered by many governments in the application of the Convention appeared to be caused by a number of factors, including a lack of knowledge of the true situation due to the unavailability or inadequacy of data and research in this field. It also reminded the Government that it could obtain the advice and technical assistance of the ILO in order to document more exactly the nature and extent of existing inequalities and devise measures to eliminate them. The Committee therefore notes with interest that the Government has contacted the ILO and the World Bank with a view to establishing a labour market information system, and it would be grateful to be kept informed of the result of these contacts.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in its report and attached documentation in response to the Committee's previous comments.

1. Referring to its observation, the Committee requests the Government to indicate the action taken to ensure the application of section 7 of the Employment Regulations, as amended by Statutory Instrument No. 61 of 1990.

2. Further to its previous comments, the Committee notes that the copy of the Memorandum of Collective Agreement between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers (published in the Government Gazette, Vol. XXV, No. 64 of 29 May 1989) forwarded by the Government with the present report - which appears to have replaced the terms of an earlier agreement published as Gazette Notice No. 376 of 1989 - still provides in clause 19 that a "married male employee in group 1 shall receive a marriage allowance of K20 a month upon production of a satisfactory documentary proof of marriage". The Committee further notes that while the above-mentioned agreement was due to remain in force from 1 January 1989 until 31 December 1990, the Memorandum sets out conditions for its continuance beyond that period (paragraphs (b), (c) and (e) of the preamble). In case the agreement has continued in force, the Committee requests the Government to provide information on the action taken to ensure that the marriage allowance granted under clause 19 of this agreement is payable under the gender-neutral terms required by the Convention. In this regard, the Committee has noted with interest that section 108 of the Industrial and Labour Relations Act, 1993 (Act No. 27 of 1993), proscribes the imposition of any penalty or disadvantage on employees on the grounds of sex and marital status, among others. Accordingly, the Committee also requests the Government to indicate the action taken to ensure compliance both with the Convention and with the above-mentioned national labour legislation of all other collective agreements which award marriage allowances or any other benefits that differentiate on the basis of sex.

3. The Committee requests the Government to provide copies of recent collective agreements (concluded in a number of different industries) that have been registered under the provisions of the Industrial and Labour Relations Act, 1993.

4. The Committee notes that an evaluation of jobs carried out in the "ZCCM" by the Copper Industry Services Board was undertaken with a view to place and pay employees according to the value of their work, irrespective of sex. It hopes that the Government will be able to provide information in its next report concerning the distribution of women and men in the classifications determined through this evaluation.

5. Noting from the report that the principal function of the Organization and Methods Office of the public service is to provide advice to management on the economically efficient and effective use of human and material resources, the Committee requests the Government to indicate whether that Office therefore plays a role in ensuring the application of the principle of the Convention. In this regard, the Committee refers the Government to Paragraph 6 of the Equal Remuneration Recommendation (No. 90), 1951, which suggests various measures to raise the productive efficiency of women as a means of facilitating the application of the principle of the Convention.

6. While appreciating that limited financial and human resources have curtailed activities to assess the application of the Convention (as might be done through studies or by the systematic collection and analysis of statistical data), the Committee remarked - in its 1990 General Observation - upon the difficulties encountered by governments in applying the Convention when they lack knowledge of the true situation due to the unavailability or inadequacy of data and research. It also reminded governments on that occasion of the possibility of obtaining the advice and assistance of the International Labour Office in regard to documenting the nature and extent of existing inequalities and to devising measures to remedy any problems. In the light of these considerations, the Committee hopes that the Government will consider taking action, in collaboration with employers' and workers' organizations, to ascertain the extent to which the Convention is being implemented in practice.

7. The Committee hopes that the Government will supply copies of those annual reports (for the years 1988 to 1991) of the Department of Labour which, at the time of reporting, were being printed together with any others available; and that full information will be provided on the measures taken by labour inspectors to ensure the application of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest that section 7(2) of the Employment Regulations, 1966, which relieved employers of the obligation of providing housing or paying a rent allowance in respect of married employees living with their husbands, has been amended by the Employment (Amendment) (No. 2) Regulations, 1990 (Statutory Instrument No. 61 of 1990). The amended section is drafted in a gender-neutral way, providing that in the case of a married couple in employment, only one spouse, as the couple may decide, shall be provided with housing and an employer shall pay a rent allowance to the spouse who is not provided with housing.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report.

1. The Committee notes the Government's statement to the effect that a new collective agreement recently concluded between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers, which is valid for the period 1 January 1989 to 31 December 1990, cancels the marriage allowance paid to married male employees in group I. Since this document was not attached to the report, the Committee requests the Government to supply a copy of it with its next report.

2. The Committee notes the statistics supplied by the Government concerning job evaluations carried out in 1990 in a number of divisions and units of the "ZCCM" by the Copper Industry Services Bureau. The Committee requests the Government to state whether these evaluations were undertaken with the intention of applying the principle set out in the Convention and, if so, to supply information on the criteria used for the evaluations. It would be grateful if the Government would supply information on the number and nature of the jobs held by women in the units of the "ZCCM" with an indication of the distribution of men and women employed at different levels. It once again requests the Government to include in its next report a description of the activities of the Organization and Methods Office in the public service, and the Management Services Board for the evaluation of jobs according to the principle set out in the Convention.

3. The Committee also requests the Government to supply full particulars in its next report concerning the application in practice of the Convention, including: (i) the salary scales applicable in the public sector, under the general conditions of service of the public service and the specific conditions of service of public and semi-public administrations, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the wage rates and average actual earnings of men and women established by collective agreements, broken down, if possible, by occupation, branch of activity, seniority and level of qualifications, as well as information on the corresponding percentage of women; and (iii) information concerning any surveys or studies undertaken or contemplated with a view to determining the reasons for wage disparities, as well as the measures taken or envisaged as follow-up to these studies.

4. The Committee requests the Government to continue to supply information on the measures taken by labour inspectors to ensure or promote the application of the Convention and to attach a copy of the Department of Labour's annual report.

5. The Committee notes that the new Industrial Relations Act of 23 January 1991 makes it compulsory to inform works councils of decisions taken by employers affecting, inter alia, job evaluation (section 106) and gives them the right of veto over certain decisions (the recruitment of new employees and the assessment of their salaries and the payment of bonuses and incentives: section 107). The Committee requests the Government to inform it of any cases in which the problem of the application in practice of these provisions has already arisen.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information provided by the Government in its report and the documentation annexed thereto.

1. The Committee notes the texts of several collective agreements annexed to the Government's report. It notes that section 19 of the joint Council Collective Agreement between the Zambia Bankers (Employers) Association and the Zambia Union of Financial Institutions and Allied Workers for the period 1 January 1989 to 31 December 1990 provides that a marriage allowance shall be paid to married male employees in group 1. The Committee requests the Government to supply information in its next report on the measures taken or contemplated to apply the principle of equal remuneration in this respect to men and women workers under the above-mentioned collective agreement.

2. The Committee notes that section 15 of the Minimum Wages and Conditions of Employment (Shop Workers) Order, 1989 provides that retirement benefits shall be granted to women as from the age of 50 years and to men from the age of 55 years. Please indicate what measures may be contemplated to bring these provisions into conformity with the principle of the Convention.

3. The Committee notes from the Government's report that in government service there is a permanent job evaluation office known as the Organisation and Methods Office; that other sectors are served by the Management Services Board and the Copper Industry Services Bureau; and that job evaluation is an ongoing exercise in both the public and the private sectors. It requests the Government to include in its next report detailed information on the activities of the Organisation and Methods Office, the Management Services Board, and the Copper Industry Services Bureau, and to provide examples of job classification schemes for sectors employing a large number of women.

4. The Committee notes that no cases of discrimination in remuneration on the basis of sex were detected by the inspectorate during the period under review. It requests the Government to continue to supply information on action taken by labour inspectors to ensure the application of the Convention, and to include a copy of the Department of Labour Annual Reports. The Committee would also be grateful if the Government would communicate in its next report any available statistics of wages of men and women, respectively, in different jobs and at different grades, along with an indication of jobs in which women form a high proportion of the workforce.