Equal Remuneration Convention, 1951 (No. 100) - Bahamas (Ratification: 2001)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 1 to 4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes that the Government neither provides the requested information to allow it to assess the gender wage gap in the country, nor does it indicate the steps taken to determine the underlying causes for wage differentials between women and men, and the measures taken to address these differentials. It also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), that concerns remain over: (1) the disproportionately high unemployment rate among women, notwithstanding their higher level of educational attainment; (2) the continued occupational segregation in the labour market; (3) the concentration of women in low-wage jobs in the formal and informal sectors; and (4) the large amount of unpaid and unrecognized work done by women, which does not count towards their eligibility for retirement and other work-related benefits (CEDAW/C/BHS/CO/6, 14 November 2018, paragraph 35). The Committee requests, once again, the Government to take all the necessary steps to: (i) determine and address the underlying reasons for wage differentials between men and women, such as occupational gender segregation; and (ii) indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers. To fully assess the extent of the gender pay gap, the Committee once again asks the Government to provide statistical information on the earnings of men and women in the various economic sectors in the public and private sectors as well as any available statistical data on the gender pay gap.

Articles 1 and 2(2)(a). Equal remuneration for work of equal value. Legislation. The Committee notes the Government’s indication, in its report, that efforts are being made towards the adoption of a bill amending the Employment Act. However, it notes with concern the Government’s statement that no progress was made to amend section 6 of the Employment Act, 2001, which unduly limits the scope of “work of equal value” to work performed in the same establishment, requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. The Committee draws the Government’s attention to the fact that “work of equal value” for women and men can: (1) be performed under different working conditions; (2) require different professional skills; (3) require different levels of effort; and (4) involve different responsibilities. When determining the value of different jobs, the value does not have to be the same with respect to each factor taken into consideration. Determining the value is about the overall value of the job when all the factors are taken into account together. It also recalls that the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers. In this regard, the Committee refers to paragraphs 672–677 and 697 of its General Survey on the fundamental Conventions, 2012. Recalling that the Committee has been asking the Government to bring its legislation in line with the requirements of the Convention since 2004, it once again urges the Government to take the necessary measures to: (i) amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value; (ii) ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skills, efforts and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention; and (iii) provide information on the progress achieved to this end.

Article 2. Determining rates of remuneration. Public service. The Committee welcomes the information provided by the Government, including the Government of Bahamas Salaries Book for 2016, which indicates the applicable pay scales for employment in the civil service, and the Human Resources Policies Document (2017). From the information provided, the Committee notes that it remains unclear how the “minimum of the salary scale” is determined. The Committee therefore asks the Government to: (i) provide information on the manner in which the “salary scales” are determined in the civil service, including on the method and criteria used to establish them; and (ii) provide a copy of the most recent Salaries Book.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with workers’ and employers’ organizations.The Committee notes the repeated indication from the Government that it does not have anything to report on this point and requests the Government to: (i) take measures to encourage the social partners to discuss the principle of equal remuneration between men and women for work of equal value and to include provisions to that effect in the collective agreements; (ii) provide information on the measures taken or envisaged in this regard; and (iii) provide copies of collective agreements which apply the principle of the Convention.

Article 3. Objective job evaluation.Recalling that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs and that there needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, the Committee once again requests the Government to take steps to: (i) develop and use objective job evaluation methods; and (ii) provide for objective job evaluation including the time frames proposed for their implementation.

Awareness-raising and enforcement. The Committee notes the Government’s indication that there have not been any courts of law or tribunals that have handed down any decisions with regard to the principle of the Convention. In this regard, the Committee refers to paragraphs 870 and 871 of its 2012 General Survey. The Committee asks the Government to: (i) examine whether the applicable substantive and procedural provisions, in practice, allow claims to be brought successfully; (ii) take measures to raise awareness of the relevant legislation, to enhance the capacity of the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay; and (iii) provide information on any activities undertaken in this regard.

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

In view of the short report sent by the Government, the Committee notes with concern that the questions raised previously about the determination of rates of remuneration, objective job evaluation, collective agreements and the effectiveness of the enforcement mechanisms have not been addressed since 2004. The Committee reiterates that without the necessary information, it is not in a position to assess the effective implementation of the Convention, or any progress achieved since its ratification in 2001. It firmly hopes that the next report will contain full information on the points described below.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee recalls that, in its previous comments, it had pointed out that section 6 of the Employment Act, 2001, unduly limits the scope of “work of equal value” to work performed in the same establishment, requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions and refers to “rates of pay” which, pursuant to section 2(1), is narrower than the term “remuneration” set out in the Convention. The Committee notes that the Employment Act was amended in April 2017 by the Employment (Amendment) Act (No. 5 of 2017). However, it notes with deep concern that the Government did not seize this opportunity to amend section 6 of the Act with a view to giving full legislative expression to the principle of equal remuneration for men and women for work of equal value. It also notes that, in its reply to the list of issues and questions raised by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) in relation to the sixth periodic report of the Bahamas, the Government continues to refer to section 6 of the Employment Act, 2001 (CEDAW/C/BHS/Q/6/Add.1, 9 July 2018, paragraph 80), despite the fact that CEDAW has been raising this issue for more than 15 years. The Committee, once again, urges the Government to take active steps to amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skills, efforts and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention.

Article 2. Determining rates of remuneration. The Committee notes the Government’s statement according to which it is unable to provide rates of remuneration and specify how rates of remuneration are determined in the civil service and the public sector. In its 2012 General Survey, on the fundamental Conventions, paragraphs 670 and 671, the Committee indicates that member States bound by the Convention cannot be passive in their approach to implementing the Convention and that they are obliged to ensure the application of the principle of the Convention where the State is the employer or otherwise controls business or where the State is in a position to intervene in the wage-fixing process. The Government must take proactive measures in order to assess, promote and ensure the application of the principle of the Convention. The Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method and criteria used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication that it has prepared a “White Paper” on legislation for the establishment of a National Productivity Council and that in a few years, it may be possible to provide reports relating to the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors. While acknowledging that the implementation of the Convention may need to be achieved over time, the Committee recalls that, the right to equal remuneration for work of equal value being a fundamental right, the period for the full application of the Convention should be as short as possible, with deadlines being fixed for the attainment of specific objectives (2012 General Survey, paragraph 671). The Committee requests the Government to provide information on the progress made towards the adoption of legislation for the establishment of a National Productivity Council and, in the meantime, on any measures taken or agreements and policies adopted providing for objective job evaluation including the time frames proposed for their implementation.

Article 4. Cooperation with workers’ and employers’ organizations. Noting the indication from the Government that it does not have anything to report on this point, the Committee requests, once again, the Government to indicate the measures taken or envisaged to encourage the social partners to discuss the principle of equal remuneration between men and women for work of equal value and to include provisions to that effect in their agreements.

Enforcement. As the Government’s report is silent on this point, the Committee firmly hopes that the Government will take steps to improve the capacity of labour inspectors to detect and address pay inequalities between men and women for work of equal value, and to ensure that workers are informed of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee requests, once again, the Government to provide information on any activities undertaken in this regard.

Practical application and statistics. In its previous comment, the Committee had requested the Government to take steps to determine the underlying reasons for wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers, where the wage gap is particularly striking. It notes that the Government has not provided the information requested. According to the statistics of 2017 to which the Government refers in its report, the long-existing average weekly wage gap between men and women in the accommodation and food service activities industry for New Providence (where 70 per cent of the population lives) was eliminated in 2013 – a year where the weekly wage reached a ten-year low – but reappeared as from 2014 and has been increasing ever since. The Committee requests, once again, the Government to take steps to determine the underlying reasons for wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also asked to continue to provide statistical information on the earnings of men and women in the various economic sectors and occupations in the public and private sectors.

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

The Committee notes the very succinct report provided by the Government stating that the matters dealt with in the previous comments will be raised and discussed with employers’ and workers’ organizations via the National Tripartite Council with a view to effecting the recommended changes to section 6 of the Employment Act 2001. In this regard, the Committee notes with regret that the other questions raised previously about the determination of rates of remuneration, objective job evaluation, collective agreements and the effectiveness of the enforcement mechanisms have not been addressed since 2004. The Committee wishes to reiterate that without the necessary information, it is not in a position to assess the effective implementation of the Convention, including the progress achieved since its ratification in 2001. It hopes that the next report will contain full information on the points described below.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. Noting with regret that the adoption of the Employment (Amendment) Act, 2012 did not amend section 6 of the Employment Act 2001 in a way that gives full legislative expression to the principle of equal remuneration for men and women for work of equal value, the Committee asks the Government to take steps to amend section 6 of the Employment Act 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that its legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Government’s report being silent on this point, the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for objective job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value and to indicate the measures envisaged to encourage the social partners to include provisions on equal remuneration between men and women for work of equal value in their agreements.

Enforcement. The Committee notes the Government’s statement that, a search of rulings of the Industrial Tribunal, the Supreme Court of Bahamas and the Bahamas Court of Appeal did not reveal any decisions involving questions related to the application of the Convention. In this regard, the Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take steps to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any activities undertaken in this regard.

Practical application and statistics. Previously, the Committee had noted the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. In the absence of any further information provided in this regard, the Committee asks again the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these differentials in the various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also asked to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and in the private sectors.

Finally, the Committee notes that in its report to the United Nations Committee on the Elimination of Discrimination against Women, the Government indicated that in 2012 the Prime Minister appointed a Constitutional Committee to conduct a comprehensive review of the Constitution of the Bahamas and to recommend changes to it in advance of the country’s 40th anniversary of Independence. In July 2013, the Constitutional Committee presented its report and called for the adoption of the proposed amendments (four Constitution (Amendment) Bills) via a national referendum, scheduled to be held on 7 June 2016 (CEDAW/C/BHS/6, 26 May 2017, paras 4–7). The Committee notes that, in June 2016, the first round of constitutional reform aiming at instituting full equality between men and women in matters of citizenship and more broadly to eliminate discrimination based on sex has been rejected by the Bahamian voters; the Fourth amendment would have updated article 26 of the Constitution, to make it unconstitutional for Parliament to pass any laws that discriminate based on sex. The Committee asks the Government to indicate the impact of this vote on the implementation of the Convention, and to provide information on any developments regarding the constitutional reform process, in particular in relation to the provisions that may affect the effective application of the Convention. The Committee also urges the Government to provide detailed information on all the points mentioned in its previous comments.

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that section 6 of the Employment Act, 2001, does not give full expression to the principle of equal remuneration for men and women for work of equal value as it unduly limits the scope of “work of equal value” and does not capture the broad definition of “remuneration” set out in the Convention. In particular, section 6 limits the application of work of equal value to work performed in the same establishment, and requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. Section 6 of the Employment Act refers to “rates of pay” which is defined pursuant to section 2(1), and appears to be narrower than the term “remuneration” set out in the Convention. The term “remuneration” is more broadly defined in section 2, but is not used in the context of section 6. The Committee notes the adoption of the Employment (Amendment) Act, 2012, and notes with regret that section 6 of the Employment Act has not been amended to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee requests the Government to take steps to amend section 6 of the Employment Act, 2001, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee requests the Government to ensure that its legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

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.

…

The Committee notes the Government’s indication that the information previously requested by the Committee is not currently available. The Committee recalls the obligation of taking effective measures in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. The State cannot be passive in its approach to implementing the Convention, and application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment (see General Survey on the fundamental Conventions, 2012, paragraphs 670–671). The Committee requests the Government to make every effort to obtain the necessary information to allow the Government and the Committee to assess progress in implementing the Convention, and hopes that the Government will be in a position to address all the points in its previous direct request which reads as follows:

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. ... The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher-level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls that section 6 of the Employment Act, 2001, does not give full expression to the principle of equal remuneration for work of equal value as it unduly limits the scope of “work of equal value” and does not capture the broad definition of “remuneration” set out in the Convention. In particular, section 6 limits the application of work of equal value to work performed in the same establishment, and requiring substantially the same skill, effort and responsibility, and which is performed under similar working conditions. Section 6 of the Employment Act, 2001 refers to “rates of pay” which is defined pursuant to section 2(1), and appears to be narrower than the term “remuneration” set out in the Convention. The term “remuneration” is more broadly defined in section 2, but is not used in the context of section 6. The Committee notes that the Government again indicates generally that proposals for the amendment of the Employment Act are still under review. The Committee asks the Government to take steps to amend section 6 of the Employment Act, in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. In this regard, the Committee asks the Government to ensure that the legislation allows for the comparison not only of jobs in the same establishment and requiring substantially the same skill, effort and responsibility, and performed under similar working conditions, but also of work of an entirely different nature which is nevertheless of equal value, and provides for a broad definition of “remuneration” as set out in Article 1(a) of the Convention. The Committee encourages the Government to seek ILO technical assistance in this regard.

The Committee notes the Government’s indication that the information previously requested by the Committee is not currently available. The Committee recalls the obligation of taking effective measures in order to accomplish real progress in attaining the Convention’s objective of equal remuneration for men and women for work of equal value. The State cannot be passive in its approach to implementing the Convention, and application of the Convention is an ongoing process requiring a continual cycle of assessment, action, monitoring, further assessment and adjustment (see General Survey on fundamental Conventions, 2012, paragraphs 670–671). The Committee asks the Government to make every effort to obtain the necessary information to allow the Government and the Committee to assess progress in implementing the Convention, and hopes that the Government will be in a position to address all the points in its previous direct request which reads as follows:

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. [...] The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

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

Repetition

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective evaluation of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

Article 1(a) of the Convention. Definition of remuneration. The Committee recalls that section 6 of the Employment Act 2001, which is still under review, refers to “rates of pay”, which is defined in section 2(1) and which appears to be narrower than the term “remuneration” as defined by the Convention. The Committee notes the Government’s indication that it intends to amend the legislation so as to reflect the broad definition of remuneration as set out in the Convention. At the same time, the Government also indicates that the employers wish to reserve the right to reward workers who perform above and beyond the call of duty. The Committee points out that the principle of equal remuneration for men and women for work of equal value does not exclude providing payments and bonuses aimed at rewarding workers, as long as they are equally applied to men and women. The Committee hopes that the Government will take all necessary steps to amend sections 6 and 2(1) of the Employment Act 2001 in line with the Convention.

Article 1(b). Work of equal value. The Committee recalls that section 6(b) of the Employment Act 2001 is narrower than what is required under the Convention in that it limits the application of work of equal value to comparing work performed in the same establishment, and where the work requires substantially the same skill, effort and responsibility and which is performed under similar working conditions. The Committee notes that no information has been provided on the progress made with respect to the initiative to study the widening of the scope of comparison of jobs performed by men and women. The Committee refers to its 2006 general observation and asks the Government to take all necessary steps to amend the legislation in line with the Convention.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report which seems to indicate that collective agreements do not contain provisions on equal remuneration for work of equal value. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value.

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

Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

Article 3. Objective appraisal of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

Parts II and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the managers not elsewhere classified are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

1. Article 1(a) of the Convention. Definition of remuneration. The Committee recalls its previous comments relating to section 6 of the Employment Act of 2001 referring to the “rate of pay” which appears to be narrower than the term “remuneration” as defined in Article 1(a) of the Convention. The Committee notes the Government’s statement that it intends to amend its legislation to reflect the definition as outlined in the Convention. The Government also indicates that the original intent of the legislation was to separate the basic wage from allowances and benefits, as many employers believe that they should have the right to reward workers who perform above and beyond the call of duty. The Committee recalls that the term remuneration refers to “any additional emoluments whatsoever payable directly or indirectly” by the employer to the worker and “arising out of the worker’s employment” without limiting in any way its purview by reference to the legal basis of payment. Therefore, the principle of equal remuneration for men and women also applies to allowances and benefits to reward workers based on performance to the extent that such additional payments are to be made without gender bias. The Committee asks the Government to keep it informed of the progress made in amending section 6 of the Employment Act in line with Article 1(a) of the Convention. It also asks the Government to indicate the measures taken or envisaged to ensure that additional allowances and benefits paid by employers due to the performance of the workers are paid without gender bias.

2. Article 1(b). Work of equal value. The Committee recalls its previous comments regarding section 6(b) of the Employment Act which appears to limit the principle of equal remuneration for work of equal value to comparing work performed in the same establishment. The Committee notes the Government’s statement that it has embarked on a national initiative to widen the scope of comparison of jobs performed by men and women beyond the same establishment. Research is currently being undertaken in the public sector and it is envisaged that a similar initiative will be undertaken in the private sector. The Committee welcomes these initiatives and asks the Government to provide information in its next report on the outcome of the studies undertaken in the public sector relating to the scope of comparison of jobs performed by men and women, as well as on any follow-up given, including the possible amendment of the Employment Act so as to allow for a reach of comparison of jobs performed as wide as allowed by the level at which wages policies, systems and structures are coordinated. Please also indicate any steps taken to extend such an analysis to the private sector.

3. Article 2. Determining rates of remuneration. Noting that the requested information has not been received, the Committee trusts that the Government will be in a position to provide information in its next report on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. The Committee notes the Government’s indication in its report that it would provide information on the industrial agreements and employment policies of enterprises that provide for objective appraisal of jobs. Unfortunately such information has not been received and the Committee hopes that the Government’s next report will include information on and examples of agreements and policies providing for job evaluation as well as information on any measures taken or envisaged to promote the development and use of objective job evaluation systems on the basis of the work performed in the public and the private sectors.

5. Cooperation with workers’ and employers’ organizations. The Committee notes the information in the Government’s report that 70 per cent of the trade unions of the country are headed by female presidents, and that these unions operate in the most critical sectors of the economy such as aviation, financial services, teaching, nursing, water sewage and the Central Bank. The Committee welcomes this trend and hopes that it has positively impacted on the promotion of the principle of the Convention. The Committee asks the Government to include information in its next report on the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through collective agreements or other means.

6. Parts II and IV of the report form. The Committee notes the Government’s statement that there is full compliance with the equal remuneration provisions of the Employment Act and the principle of the Convention, and that no court decisions have been issued relating to the application of this principle. The Committee must recall that the absence of complaints does not necessarily indicate an absence of violations. It may rather indicate a lack of understanding of the principle by the labour inspectorate, as well as by workers and employers, or a lack of accessible complaints procedures. The Committee hopes that the Government will take measures to improve the capacity of labour inspectors to detect and address unequal pay for work of equal value, and to ensure that workers are apprised of their right to equal pay for work of equal value and of the dispute resolution mechanisms available. The Committee asks the Government to provide information on any progress made in this regard.

7. Part V of the report form. Practical application and statistics. The Committee notes the statistics of 2005 on the “employed persons in the hotel industry by occupation, sex, average hours worked and average wage per week – All Bahamas”, attached to the Government’s report, indicating that pay differentials exist between men and women in almost all occupations and that women are more often than men concentrated in the lower paid occupations. The weekly wage gap between men and women is particularly striking in the higher category of senior officials and managers. While men and women are more or less equally distributed in this occupational category, the gender gap in weekly wages is about 31.3 per cent. Occupations for senior officials and managers in which men predominate appear to be of higher status and more highly paid (for managers in construction and managers in restaurants and hotels the weekly wage gap is 17.9 per cent and 24.4 per cent respectively). The Committee also particularly notes that 30.5 per cent of the “managers not elsewhere classified” are men and that the wage gap in this highly paid category is 43.8 per cent. However, even for occupations where female senior officials and managers predominate the wage gap is considerable (37.7 per cent for sales and marketing department managers and 40.9 per cent for advertising and public relations department managers). Men and women appear to be more evenly distributed amongst professionals where women overall appear to earn higher weekly wages than men, except for the weekly wage gap of 44.2 per cent for legal and related business associate professionals. The gender gap in weekly wages appears to be the smallest for technicians and associated professionals (1.3 per cent), service shop and market sales workers (6 per cent), and skilled agriculture and fisheries workers (3.3 per cent). However, the wage gap remains important for plant and machine operators assemblers (20 per cent) craft and related trades workers (19.7 per cent), clerks (13.1 per cent) and elementary occupations (11.8 per cent). The Committee asks the Government to take steps to determine the underlying reasons for these wage differentials between men and women, and to indicate the measures taken or envisaged to address these in the various occupations, particularly in the higher level occupational category of senior officials and managers. The Government is also requested to continue to provide statistical information on the earnings of men and women in the different economic sectors and occupations in the public and as well as in the private sectors.

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

The Committee notes with regret that the Government’s brief report does not reply to any of the matters raised in the Committee’s previous comment. The Committee hopes the Government will be able to provide full information in its next report on the points from its previous direct request, which read as follows:

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by “not affording the employee access to opportunities for promotion, training, and other benefits”, and by “paying him at a rate of pay less than the rate of pay of another employee …”. In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and 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. In the light of this requirement of the Convention, the Committee notes that the term “rate of pay” appears to be narrower than the term “remuneration” as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term “rate of pay” used in section 6(b) of the Employment Act, as compared to the terms “basic pay”, “wage” and “remuneration” defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes that section 6(b) refers to the concept of “equal value” in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention. The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998.

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

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

The Committee notes the Government’s first report and asks the Government to provide additional information on the following matters.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by "not affording the employee access to opportunities for promotion, training, and other benefits", and by paying him at a "rate of pay less than the rate of pay of another employee …". In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and 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. In the light of this requirement of the Convention, the Committee notes that the term "rate of pay" appears to be narrower than the term "remuneration" as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term "rate of pay" used in section 6(b) of the Employment Act, as compared to the terms "basic pay", "wage" and "remuneration" defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes with interest that section 6(b) refers to the concept of "equal value" in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention. The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998, which is attached for ease of reference.

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

The Committee notes the Government’s first report and asks the Government to provide additional information on the following matters.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes that under section 6 of the Employment Act, 2001, no employer shall discriminate against an employee on the basis of, inter alia, sex and marital status by "not affording the employee access to opportunities for promotion, training, and other benefits", and by paying him at a "rate of pay less than the rate of pay of another employee …". In this context, the Committee draws the Government’s attention to the broad definition of remuneration contained in the Convention, requiring that the principle of equal remuneration for work of equal value applies to the ordinary, basic or minimum wage or salary and 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. In the light of this requirement of the Convention, the Committee notes that the term "rate of pay" appears to be narrower than the term "remuneration" as defined in Article 1(a) of the Convention. The Government is therefore requested to provide further explanations as to the meaning of the term "rate of pay" used in section 6(b) of the Employment Act, as compared to the terms "basic pay", "wage" and "remuneration" defined in section 2 of the Act. In the case that the remuneration referred to in application of the principle of equal remuneration as set out in section 6(b) does not cover bonuses, allowances and other additional emoluments, including uniforms or tools, the Committee asks the Government to indicate the extent to which these elements of remuneration are covered by section 6(a) and the manner in which equal remuneration for men and women for work of equal value, in the sense of the Convention, is ensured with respect to them.

2. Article 1(b). In addition, the Committee notes with interest that section 6(b) refers to the concept of "equal value" in accordance with the Convention and that objective criteria such as skill, effort, responsibility, and working conditions are listed as factors determining equal value. However, it notes that the principle is limited to comparing work performed in the same establishment. Recalling that the Convention does not limit the purview of the principle of equality to ensuring equality of treatment between persons working in the same enterprise, the Committee emphasizes that there is a risk that the possibilities for comparison may be insufficient at the level of the establishment, particularly when women workers are concentrated in certain sectors of activity. The Committee also recalls that it has previously pointed out that the reach of the comparison between jobs performed by men and women should be as wide as allowed by the level at which wage policies, systems and structures are coordinated (see paragraph 72 of the General Survey of 1986 on equal remuneration). The Committee invites the Government to give consideration to widening the scope of comparison of jobs performed by men and women beyond the same establishment and to keep the Committee informed of any developments in this regard.

3. Article 2. In order to allow the Committee to assess further the application of the Convention in the country, the Government is requested to provide information on the manner in which remuneration is determined in the civil service and the public sector, including copies of wage scales and information on the method used to establish them.

4. Article 3. Objective appraisal of jobs. According to the Government, industrial agreements and employment policies at the enterprise level provide for objective appraisals of jobs. The Committee would appreciate receiving examples of such agreements and policies providing for job appraisals. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee also asks the Government to provide information on any measures taken or envisaged to promote the development and use of objective job appraisal systems on the basis of the work performed in the civil service and the private sector.

5. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that workers’ and employers’ organizations have been consulted in the preparation of the Employment Act. The Government is requested to continue to provide information on cooperation with these organizations in order to give effect to the provisions of the Convention.  The Committee also asks the Government to provide copies of any collective agreements which include protection for equal remuneration for work of equal value, and to indicate the measures taken by employers’ and workers’ organizations to achieve equal remuneration for men and women for work of equal value through those agreements.

6. Parts III and IV of the report form. The Committee asks the Government to provide information on the concrete activities undertaken by the Ministry of Labour, including the labour inspectorate, to monitor and oversee compliance with the equal remuneration provisions of the Employment Act and the Convention. Please also provide any judicial decisions that may have been issued  involving section 6 of the Employment Act or otherwise relating to the principle of the Convention.

7. Part V of the report form. The Government’s report contains no information on the Convention’s application in practice. The Committee encourages the Government to take the necessary steps to assess the income levels of men and women in the light of the Convention and to provide to it any results and findings obtained. The Government is also requested to provide statistical information on the levels of income of men and women, as far as possible, in accordance with the Committee’s general observation of 1998, which is attached for ease of reference.