Equal Remuneration Convention, 1951 (No. 100) - Mauritius (Ratification: 2002)

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

Previous comment

The Committee notes the observations of the Confederation of Public and Private Sector Workers (CTSPP) communicated with the Government’s report, as well as the corresponding reply of the Government.

Article 2 of the Convention. Public service schemes. The Committee takes note of the reference made, in the 2021 report of the Pay Research Bureau (PRB), to a gender neutral approach adopted throughout the evaluation process of different occupations and corresponding grading. It further notes that in a few cases, such as the Disciplined Forces and Health Sector, certain appellations have been maintained to distinguish between male and female officers. There is, however, no disparity in salary between them. According to the Report, distinctions in appellations take into account the specific needs of the service and allow for male and female officers to move along their respective hierarchies. The Committee takes notes of the observations of the Confederation of Public and Private Sector Workers (CTSPP) according to which there is an urgent need to amend non-gender specific job appellations, such as “handy man” which is used in both the private and public sectors. In its reply, the Government indicates that such issues are going to be addressed within the ongoing reform of the various Remuneration Regulations. In this respect, the Committee observes the lack of statistical information in the Government report, in particular regarding occupational gender segregation in the public sector. The Committee requests the Government to provide information on the recommendations of the Pay Research Bureau and the measures taken to ensure that the mechanisms of wage fixing in the public sector are free from gender bias. The Government is further requested to provide statistical information disaggregated by sex, on the distribution of workers in the public sector, specifying their corresponding remuneration levels.

Article 3. Objective job evaluation in the private sector. The Committee recalls that the National Remuneration Board (NRB) has not undertaken any objective job evaluation in the private sector. The Committee notes the Government’s indication that the Employment Relations Act (ERA) was amended through the Finance (Miscellaneous Provisions), Act No. 12 of 2023, to include a new Section 91A - “Determination of wages on the occupational basis” with a view to allowing the Ministry to appoint a national consultant in the field of wage determination and job classification, to make recommendations for the introduction of wages on basis of occupation of workers in the private sector. The Government further refers to the formulation of the second-generation Decent Work Country Programme with a view to enhancing the capacity building of officers of the NRB and like institutions on objective job-evaluation techniques. The Committee requests the Government to (i) provide information on the progress made in conducting an evaluation of the jobs and corresponding remuneration levels applied in the private sector, using objective factors free of gender bias (such as skills, efforts, responsibilities and working conditions); and (ii) indicate whether objective job evaluations are being conducted in practice by employers in application of section 26 of the Workers’ Rights Act.

Minimum wage and additional remuneration. The Committee notes the Government’s indication that section 6(1)(g) of the National Wage Consultative Council (NWCC) Act No. 6, 2016 (NWCC Act) provides for the review of the National Minimum Wage, which should be carried out at the latest by 2020 and subsequently every five years. It also notes that following the establishment of the national minimum wage, the NWCC has carried out multiple impact assessments, and issued “Reports on the National Minimum Wage Review“. In particular, the Committee notes the reference made by the Government, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the NWCC Fifth Report (2021/2022) on the Impact of the Implementation of the National Minimum Wage (April 2023), which indicates that the share of female employees in employment as a proportion of total employment remains more or less constant (around 40 per cent in 2nd Quarter 2021 and 2022), but the share of female employees in employment as a proportion of total economically active female employees has increased from 87.5 per cent in 2nd Quarter 2021 to 89.8 per cent in 2nd Quarter of 2022. The Committee requests the Government to provide information on any measures taken or envisaged to undertake an assessment of the impact of the introduction of the national minimum wage on the gender pay gap, and on whether the additional remuneration and other allowances recently introduced have benefited equally to both men and women and have contributed to reducing the gender pay gap.

Article 4. Cooperation with social partners. The Government indicates that under their respective mandates, the NWCC and the National Remuneration Board (NRB) are required to give due consideration to the principle of equal remuneration for men and women for work of equal value in formulating their recommendations. Moreover, any issue related to the principle of equal remuneration for work of equal value for men and women may be raised at the level of the National Tripartite Council and referred to the NMWC or the NRB as deemed appropriate. The Committee notes however that to date, such issue has not been raised by members of the Council. The Committee further notes that the Government report does not contain any copy of Collective Agreements, but a list of Collective Agreements registered for the period January 2021 to May 2023. The Committee requests the Government to indicate how the National Minimum Wage Consultative Council and the National Tripartite Council reflect in sectoral collective agreements the principle of equal remuneration for work of equal value. The Committee also, once again, requests the Government to provide copies of any collective agreements containing provisions implementing the principle of the Convention. The Government is further required to provide information on any training and awareness-raising measures undertaken among workers’ and employers’ organizations on the concept of “work of equal value”.

Enforcement. The Committee notes that according to the statistical information provided by the Government on the number of inspections carried out by the Inspectorate Officers, no complaint has been registered, reported or referred to the Equal Opportunity Tribunal based on grounds of discrimination on Equal Remuneration for Work of Equal Value. The Committee notes however that a number of Industrial Court cases related to the application of the Convention, including the Seevathean M.D. v. Maritim (Mauritius) Ltd 2019 IND 6 (CN 122/16) case in which the Court refers to the ILO fundamental Conventions, including, ILO Convention No. 100. The Committee requests the Government to continue to provide information on pay discrimination cases, detected by the labour inspectorate and its outcomes. It also requests the Government to indicate whether courts of law or other tribunals have rendered decisions involving questions of principle relating to the application of the Convention and, if so, to provide copies of those decisions.

Statistics. The Committee notes, once again, that the statistics provided by the Government solely refer to the proportion of men and women in selected occupations and do not provide information on their corresponding earnings. The Committee requests the Government to collect statistical data disaggregated by sex on the remuneration of workers, classified by branch of economic activity and occupations.

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

Previous comment

Article 2 of the Convention. Determination of minimum wages. Remuneration Regulations. Further to its previous comments requiring the removal of gender-specific job appellations, gender-specific wage categories and rates in the same job occupations in the Salt Manufacturing Industry (Remuneration) Regulations 2019, the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019, and the Tea Industry Workers (Remuneration) Regulations 2019, the Government indicates that the labour legislation is in the process of being reviewed to address the issue of wage determination in the various Remuneration Regulations in a more holistic manner and that the National Remuneration Board (NRB) will determine wages for the different categories of workers employed in the private sector on an occupation basis instead on a sectoral basis. Taking into consideration the complexity of the reform, the Government indicates that ILO technical assistance was requested, and the first step of the reform has been implemented with the assistance of ILO experts. The Committee notes that the timeline for the introduction of the wage reform was set as mid-2024. Regarding remuneration, the Committee notes reference made by the Government, in its report on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), to the Employment Relations Act (EReA) which was amended by the Finance (Miscellaneous Provisions) Act 2023 – Act No. 12 of 2023 to include a new Section 91A on: “Determination of wages on occupational basis”, which provides for the designation of a specialised consultant responsible for developing recommendations for the elimination of all gender-specific categorization of workers in the different remuneration regulations and harmonization of wages for similar category of workers across different sectors. The Government indicates that the Report of the consultant is expected before the end of 2023 and will be implemented by mid-2024. The Committee welcomes positive steps taken to reform various Remuneration Regulations andurges the Government to take all necessary measures to ensure that within the framework of the reform of the Remuneration Regulations, all remaining gender-specific job appellations, and different wage levels for men and women in the same job are removed from the above-mentioned Regulations. The Committee also requests the Government to provide information on the measures taken to ensure that, when determining minimum wage rates by occupations in the sectors covered by remuneration regulations, skills considered to be “female” are not undervalued in comparison with traditionally “male” skills and that female-dominated occupations are not undervalued in comparison with male-dominated occupations. In this regard, the Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

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

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Legislative developments. The Committee takes note of the information provided by the Government regarding: (1) the adoption of the Workers’ Rights Act, No. 20 of 2019 (WRA) that repealed the Employment Rights Act, 2008 (ERiA) and includes new provisions on the application of the principle of the Convention (section 26); (2) the establishment of a National Wage Consultative Council (NWCC) following the adoption of the National Wage Consultative Council Act, No 6 of 2016 (NWCCA); and (3) the adoption of the Additional Remuneration and Other Allowances Act, (AROAA) No. 24 of 2018.

Article 2 of the Convention. Public service schemes. In its last comment, the Committee encouraged the Government to collect data on the occupational gender segregation in the public sector and requested information on the measures taken to ensure that appropriate methods, free from gender bias, were being used for the evaluation of the different occupations and the determination of corresponding salary grading. The Committee notes that in this regard, the Government indicates that the Pay Research Bureau (PRB), responsible for the review of pay and grading structures in the public sector, produced a report in 2016 incorporating the principle of the Convention and that this report will be valid for a period of five years. The Committee notes however, from the statistics provided by the Government, that occupational segregation remains prevalent in the public sector (for instance in 2018, there were 3033 women and 1511 men clerks; and 1071 women and 1646 men legislators, senior officials and managers). Therefore, the Committee requests the Government to : (i) indicate whether in its next evaluation, the Pay Research Bureau examined the different occupations and corresponding gradings, on the basis of objective factors free from gender bias (such as skills, efforts, responsibilities and working conditions); (ii) provide a copy of any recommendations and guidelines of the Pay Research Bureau; and (iii) provide information on any additional measures envisaged or adopted to ensure the application of the principle of the Convention in the public sector.

Article 3. Objective job evaluation in the private sector. The Committee previously noted that the limited capacities of the National Remuneration Board (NRB), responsible for making recommendations on remuneration in the private sector, had prevented the application of the methods of evaluation used by the PRB for the public sector. The Committee notes that in this regard, the Government indicates that an extension of the Decent Work Country Programme is under discussion and would include activities to enhance capacity building on objective job evaluations in the private sector. The Committee also observes that section 26 of the newly adopted WRA requires employers to ensure that the remuneration of a worker is not less favourable than the remuneration of another worker performing work of equal value and enumerates criteria to be taken into account to determine whether there exists an element of discrimination in this respect. Among these criteria, the Committee notes with interest that section 26 (2)(a) of the WRA requires that the rates and types of remuneration be based on an objective job evaluation, and that section 26 (2)(d) and (e) refers to the use of objective factors to performs these evaluations such as skills, efforts, responsibilities and working conditions. The Committee requests the Government to: (i) provide information on whether the National Remuneration Board has conducted an evaluation of the jobs and corresponding remuneration levels applied in the private sector, using objective factors free of gender bias (such as skills, efforts, responsibilities and working conditions); (ii) indicate whether objective job evaluations are being conducted in practice by employers in application of section 26 of the Workers’ Rights Act; and (iii) indicate whether it has received ILO technical assistance in the context of the Decent Work County Programme or in other context in relation with the conduct of objective job evaluations in the private sector, and if applicable, information on the results of these activities.

Minimum Wage and additional remuneration. The Committee notes with interest the indication by the Government that following adoption of the NWCA, a national minimum wage was introduced in 2017. The Committee also notes the Government’s indication that workers have benefited from additional remuneration and other allowances to compensate increases in the cost of living, in application of the AROAA. The Committee welcomes these initiatives and recalls that as women predominate in low-wage employment and as a uniform national minimum wage system helps to raise earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. With regard to the additional remuneration and other allowances that are provided for under the AROAA, the Committee stresses that the Convention sets out a very broad definition of “remuneration” covered by the principle of the Convention. The Committee requests the Government to provide information on the impact of the introduction of the national minimum wage on the gender pay gap, and on whether the additional remuneration and other allowances recently introduced have benefited equally to both men and women and have contributed to reducing the gender pay gap.

Article 4. Cooperation with social partners. Following its previous request in this regard, the Committee takes note of the Government’s indication that it collaborates with the social partners on the application of the Convention in the context of various tripartite bodies, including the National Minimum Wage Consultative Council (NWCC) established in September 2016, the National Tripartite Council (NTC) that replaced the National Tripartite Forum (NTF) and the Labour Advisory Council, following the entry into force of the WRA. The Committee requests the Government to indicate how the National Minimum Wage Consultative Council and the National Tripartite Council are taking into account the principle of equal remuneration for men and women for work of equal value in formulating their recommendations. In addition, the Committee requests again the Government to provide copies of any collective agreements containing provisions implementing the principle of the Convention.

Enforcement. Following its previous request for information on the enforcement of the Convention, the Committee takes note of the information provided by the Government on the activities of the labour inspectorate. Specifically, it notes that between June 2019 and June 2020, awareness-raising activities on the Convention have included 129 talks (to 631 men and 1,220 women worker participants), 26 training sessions, and 2,721 information activities for the public at large. The Committee also noted the information provided on the measures adopted following the confinement due to the COVID-19 pandemic, such as the enlistment of 115 labour officers to provide advice on-line or over the phone, the conduct of on-site enquiries in exceptional circumstances, and the publication of officers’ phone numbers to allow for complaints to be made over the phone. With regard to the enforcement of the Convention by the Equal Opportunity Commission (EOC) and Tribunal (EOT), the Committee notes that the Government does not provide information on the complaints dealt with by the EOC and the EOT that specifically relate to the application of the principle of equal remuneration for work of equal value. The Committee requests the Government to provide specific information on the number of complaints filed in relation to the application of the principle of the Convention, the number of such cases detected by the labour inspectorate, and the outcome of these cases (sanctions imposed, number of cases referred to court, etc…). The Committee also requests information on the number of such cases dealt with by the Equal Opportunity Commission and the Equal Opportunity Tribunal and other dispute settlement bodies.

Statistics. Following its previous request for detailed statistical information to assess the application of the Convention in practice, the Committee notes that once again, the statistics provided for the public sector refer to the distribution of men and women in selected occupations without providing information on the corresponding earnings, while those provided for the private sector refer to the average earnings in selected occupations by industry groups, without providing information on the distribution of men and women in the different occupations. The Committee requests the Government to collect statistical data disaggregated by sex on the remuneration of workers, classified by branch of economic activity and occupations. The Committee also refers to its general observation adopted in 1998 on the application of the Convention for more details on the statistics to be collected to fully assess the application of the principle of the Convention.

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

The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

Article 2 of the Convention. Determination of minimum wages. Remuneration Regulations. In its previous comments, the Committee had requested the Government to amend the Remuneration Regulations concerning the salt manufacturing, sugar and tea industries in order to remove all remaining gender-specific job appellations and different wages rates for men and women. The Committee notes that these three Remuneration Regulations were replaced with new ones in 2019. The Committee notes that the Salt Manufacturing Industry (Remuneration) Regulations 2019 do not use gender-specific job appellations. However, they explicitly provide in their second schedule for two different categories of wages, one for male employees and another one for female employees (even though the same wage rate applies to both categories). The Committee also notes that both the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019 and the Tea Industry Workers (Remuneration) Regulations 2019 still include gender-specific appellations and set different wage levels for men and women in the same job occupations. The Committee urges the Government to amend without delay the Salt Manufacturing Industry (Remuneration) Regulations 2019, the Sugar Industry (Agricultural Workers) (Remuneration) Regulations 2019, and the Tea Industry Workers (Remuneration) Regulations 2019 in order to remove all remaining gender-specific job appellations, and gender specific wage categories and rates in the same job occupations. The Committee also requests the Government to provide information on the measures taken to ensure that, when determining minimum wage rates by occupations in the sectors covered by remuneration regulations, skills considered to be “female” are not undervalued in comparison with traditionally “male” skills and that female-dominated occupations are not undervalued in comparison with male-dominated occupations. The Committee also refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111).

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

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

Article 2 of the Convention. Public service schemes. The Committee takes note of the Handbook for the Drafting of Schemes of Service in the Public Sector adopted in 2013. It notes that, according to this Handbook, wages in the public sector are determined on the basis of the duties, qualifications, competencies, skills and experience of the prospective job holder, as well as the duties and responsibilities of the job. Furthermore, the Pay Research Bureau (PRB) should be consulted for salary grading in respect of new posts or for any proposed amendment which may have a bearing on the salary grading of the post. The Committee notes the Government’s statement that the PRB, in the context of review of pay and grading structures, conducts job evaluation exercises with a view to designing an equitable grade and pay structure in the public sector. However, the Government does not provide information on the manner in which it is ensured that job evaluations undertaken to determine salary grading of the different occupations in the public sector are based on criteria free from gender bias. It notes from the statistics provided by the Government that women employed in the public sector are concentrated in traditional female-dominated occupations, such as teachers, clerks, nurses and community health workers, while their number in other occupations such as medical doctors, engineers, police or fire officers, and plant and machine operators is particularly low. Noting the occupational gender segregation in the public sector, the Committee encourages the Government to analyse the nature and extent of the gender pay gap, by collecting statistical information, disaggregated by sex, on the distribution of men and women in the various occupations of the public sector and their corresponding levels of remuneration. The Committee also requests the Government to provide full information in this regard. It further requests the Government to provide information on the specific measures taken to ensure that appropriate methods free from gender bias are being used for the evaluation of the different occupations and the determination of corresponding salary grading by the PRB, with a view to ensuring the application of the principle of the Convention in the public sector. The Committee also requests the Government to provide a copy of any recommendations or guidelines published by the PRB in this regard.

Article 3. Objective job evaluation. The Committee refers to its previous comments where it noted that the analytical method of job evaluation used by the PRB for determining salaries in the public sector was not followed in the private sector given the limited capacity of the National Remuneration Board (NRB). It notes the Government’s indication that the use of objective evaluation methods in the private sector is being highlighted during representations made to all interested parties and stakeholders during public hearings. It further notes that the Decent Work Country Programme for 2012–14, which was extended to 2016, sets as a priority to render more effective the gender-neutral wage determining mechanism through the provision of appropriate training to the NRB in order to enable it to train the other constituents on the concept of “equal pay for work of equal value” to enable them in turn to play a more effective role in the wage-fixing exercise. The Committee hopes that the NRB will be provided with the appropriate training in the near future in order to ensure that appropriate methods free from gender bias are used for job evaluation and wage determination in the private sector, and requests the Government to indicate any steps taken to this end. It further requests the Government to specify which criteria are being used by the NRB to carry out objective job evaluations. The Committee requests the Government to continue to provide information on any progress made in undertaking objective job evaluations in the private sector, while indicating whether such evaluations have led to adjustment of remuneration, in accordance, with the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with social partners. The Committee takes note of the Government’s indication that no cooperation took place with the social partners with respect to the application of the principle of the Convention. It notes that, as a result of the Decent Work Country Programme 2012–14, extended to 2016, which sets as a priority the strengthening of social dialogue, the National Tripartite Forum (NTF) has been consolidated and a specific technical committee on labour and industrial relations issues has been established therein. However, the NTF has not held any meeting since August 2012. The Committee further notes the Government’s repeated indication that it is not aware of any collective agreement applying the principle of the Convention. It again emphasizes the important role of the social partners in promoting and implementing the principle of the Convention and refers in this regard to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). In this connection, it hopes that the Government will encourage the greater development and utilization of procedures of voluntary negotiations between employers/employers’ organizations and workers’ organizations to regulate the terms and conditions of employment through collective bargaining agreements including wage rates issues. The Committee once again requests the Government to take the necessary measures to effectively cooperate with workers’ and employers’ organizations, within the NTF or otherwise, so as to give effect to the provisions of the Convention, and to provide specific information on any measures taken in this respect. It also requests the Government to provide a copy of any collective agreements containing provisions on equal remuneration or wage determination once adopted.

Enforcement. The Committee notes the Government’s indication that awareness raising of workers, middle management and managers on labour issues, and more particularly on the principle of the Convention, is an ongoing process which is achieved through seminars, workshops and talks. It welcomes the statistics provided by the Government according to which the number of such activities has risen from 134 in 2014 to 221 in 2016. It further notes the significant rise in the number of labour inspections carried out (455 in 2015 against 1,010 for the first five months of 2016) as well as of the list of complaints dealt with in the Equal Opportunities Commission (EOC) from 2012 to 2015 (55 from May to December 2012 against 110 in 2015). The Committee, however, notes that no specific information has been provided on the type of violations detected by labour inspectors nor on the nature of complaints dealt with in the EOC and, if any, related to the principle of equal remuneration for men and women for work of equal value. The Government indicates that no information was available on the activities of the Equal Opportunities Tribunal (EOT) but that one case of alleged violation of section 20 of the Employment Rights Act (ERiA) 2008, regarding equal pay, is pending before the Commission for Conciliation and Mediation. The Committee requests the Government to continue to provide specific information regarding awareness-raising activities conducted among workers, employers and their organizations, as well as labour inspectors, judges and other officials responsible for enforcing the legislative provisions concerning the principle set out in the Convention. It also requests the Government to collect and provide information on the number and content of cases regarding equal remuneration for men and women for work of equal value, in both the private and public sectors, reported or detected by the labour inspectorate, or dealt with by the EOC, the EOT, or any other dispute settlement bodies, including the Commission for Conciliation and Mediation, and the outcomes thereof.

Statistics. The Committee welcomes the detailed statistics provided by the Government. It notes, however, that the statistics provided for the public sector refer to the distribution of men and women in selected occupations without providing information on corresponding earnings, while those provided for the private sector refer to average earnings in selected occupations by industry groups, without providing information on the distribution of men and women in the different occupations. The Committee is, therefore, not in a position to assess whether any progress has been made in reducing the gender pay gap over time. It notes that, according to the information available from the Central Statistics Office (Gender Statistics, 2014), the average monthly income tends to be a quarter lower for women than for men. The Committee requests the Government to take the necessary measures to provide comparable statistics on the situation of men and women in the labour market, disaggregated by branch of activity and, if possible, by occupational category, as well as on their respective levels of remuneration, in order for the Committee to be in a position to effectively assess the application of the Convention, in practice.

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

Article 2 of the Convention. Determination of minimum wages. Remuneration Regulations. In its previous comments, the Committee urged the Government to accelerate the process of reviewing and amending the discriminatory provisions in the Remuneration Regulations. The Committee notes with interest that, following a review undertaken by the National Remuneration Board (NRB), the discriminatory provisions prescribing wages on a gender basis for workers have been removed in the new Cleaning Enterprises (Remuneration) Regulations of 2013; the Electrical Engineering and Mechanical Workshops (Remuneration) Regulations of 2013; the Office Attendants (Remuneration) Regulations of 2013; the Printing Industry (Remuneration) Regulations of 2014; and the Catering and Tourism Industries (Remuneration) Regulations of 2014.

The Committee notes, however, that the Remuneration Regulations governing the Salt Manufacturing Industry, the Sugar Industry (Agricultural Workers) and the Tea Industry still contain different wage rates for male and female workers, but that the Government indicates that these Regulations are gradually being reviewed by the NRB. In this regard, the Committee notes that, in December 2015, the Board recommended removing all remaining gender-specific job appellations in the Remuneration Regulations, as well as to ensure equal remuneration for both women and men workers in “the same job category performing exactly the same duties”, and proposed the higher salary as the basic wage. The NRB, however, considered, concerning the tea industry, that “the apparent discriminatory salaries for field workers and factory workers has all its raison d’être given that the duties performed by men workers differ from that of women workers as per the very definition of those workers in the Regulations”. In this regard, the Government further indicates that not only for the tea industry, but also for the salt manufacturing and sugar industries, limitations exist on the assignment of work whereby female workers are not required to perform tasks which are exclusively reserved for men workers, and that when both are performing the same type of work the tasks allotted to women workers are lesser as compared to those assigned to male workers.

Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee draws the Government’s attention to the fact that limitations of work to be assigned to women which go beyond maternity protection can, together with sex-specific terminology used in wage determination, reinforce stereotypes regarding women’s professional preferences and abilities, and thus increase the likelihood of wage inequality. It further notes that while section 20 of the Employment Rights Act (ERiA) 2008 gives legislative expression to the principle of equal remuneration for work of equal value, the Remuneration Regulations in the salt manufacturing, sugar and tea industries still contain different wage rates between men and women in the same occupational category. However, those men and women workers may perform different tasks involving different skills which could be nevertheless considered as work of equal value according to the Convention. The Committee recalls that special attention is needed to ensure that the remuneration rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see 2012 General Survey on the fundamental Conventions, paragraph 683). The Committee urges the Government to increase its efforts to amend without delay the Remuneration Regulations concerning the salt manufacturing, sugar and tea industries in order to remove all remaining gender-specific job appellations as well as different wage rates for men and women in the same job category, which constitute direct wage discrimination based on sex which should be addressed as a matter of urgency. The Committee further urges the Government to provide specific information on the measures taken to ensure that when determining minimum wage rates by occupation, certain skills considered to be “female” are not undervalued in comparison with traditionally “male” skills, such as heavy lifting, and that female-dominated occupations are not undervalued in comparison with male-dominated occupations. It requests the Government to provide information on the status of revision of the Remuneration Regulations, as well as a copy of the relevant amendments, once adopted. The Committee requests the Government to provide statistics on the distribution of men and women in the different categories of workers provided for under the abovementioned Remuneration Regulations.

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

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

Article 2 of the Convention. Collective agreements. The Committee understands from the Government’s report that there are no collective agreements applying the principle of the Convention. The Committee asks the Government to indicate how it is ensured that, in determining wage rates in collective agreements, the principle of equal remuneration for work of equal value is effectively taken into account and applied, and the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills but that is overall of equal value.

Public service schemes. The Committee notes the Government’s indication that, from 2009 to 2012, 16 ministries formulated a sectoral gender policy regarding the formulation of guidelines to set wages on the basis of job content, and in 2013 six are in the process of formulating such policy. The Committee also notes from the Government’s report that the Pay Research Bureau (PRB) which keeps under review the pay and grading structures and conditions of service in the public sector maintained, in its 2013 report, certain gender-specific appellations in the public sector in order to meet the needs of specific and sensitive services and in view of the nature of services in relation to cultural diversity, while recommending the application of the same salary scales for employees in grades carrying male and female denominations. In this respect, the Committee recalls that different salary scales for grades carrying male and female denominations is discrimination based on sex. The Committee asks the Government to provide information on the guidelines adopted by the ministries to establish wages on the basis of job content. Noting that an overall review of the remuneration package in the public sector is to be undertaken in 2013 on the basis of job evaluation, the Committee asks the Government to ensure that gender-neutral terminology is used in the salary scales. Please also provide information on the manner in which the PRB ensures the application of the principle of equal remuneration between men and women for work of equal value in this context and on the results of this review.

Article 3. Objective job evaluation. The Committee asks the Government to provide information on the measures taken to promote the use of objective job evaluation methods and any progress made undertaking job evaluations in the private sector.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the tripartite Labour Advisory Council (LAC) has not yet held discussions on the application of the principle of equal remuneration for work of equal value. Drawing the Government’s attention to the important role of the social partners in promoting and implementing the principle of the Convention, the Committee asks the Government to take the necessary measures to cooperate with workers’ and employers’ organizations, within the LAC or otherwise, so as to give effect to the provisions of the Convention, and to provide specific information on any measures taken in this respect.

Parts III and IV of the report form. Enforcement. The Committee notes that the Equal Opportunities Act 2008 came into force on 1 January 2012, which established the Equal Opportunities Commission (EOC) and the Equal Opportunities Tribunal (EOT). The Committee asks the Government to provide information on the following:

• (i) activities of the labour inspectorate in relation to the principle of the Convention, including any case of violation of section 20 of the Employment Rights Act (Act No. 33 of 2008), as amended, detected by labour inspectors or brought to their attention, and the results thereof;
• (ii) activities carried out and measures taken by the EOC concerning specifically equal remuneration between men and women for work of equal value, including any discrimination in remuneration cases dealt with and the results thereof;
• (iii) any complaint examined by the EOT, including orders or recommendations issued, in relation to discrimination in remuneration.

Part V. Statistics. The Committee welcomes the recent detailed statistics on employment and unemployment and average wages and earnings for selected occupations in various sectors of the economy, including the public sector. The Committee asks the Government to continue to provide such statistics as well as any study available on the gender remuneration gap. The Committee also asks the Government to take the necessary measures to collect and supply statistics on wages and earnings disaggregated by sex, in order for the Committee to be in position to assess the application of the Convention in practice.

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes with satisfaction that the amendment to section 20 of the Employment Rights Act 2008 (Act No. 33 of 2008) by the Employment Rights (Amendment) Act 2013 (Act No. 6 of 2013), which entered into force on 11 June 2013, replaces the words “the same type of work” with the words “work of equal value” thereby giving legislative expression to the principle of equal remuneration for work of equal value. The Committee asks the Government to provide information on the application in practice of section 20 of the Employment Rights Act, as amended, including any cases of violations detected by or brought to the attention to the labour inspection services. The Committee also invites the Government to organize awareness-raising activities on the principle of equal remuneration for work of equal value among workers, employers and their organizations, labour inspectors and other officials, as well as judges.

Article 2. Determination of minimum wages. Remuneration Regulations. The Committee welcomes the removal of discriminatory provisions prescribing wages on a gender basis for domestic workers in the new Domestic Workers (Remuneration) Regulations of 2010. The Committee notes that the National Remuneration Board (NRB) has recommended the review of the Cleaning Enterprises (Remuneration) Regulations; the Office Attendants (Remuneration) Regulations; the Electrical Engineering and Mechanical Workshops (Remuneration) Regulations, so as to remove all gender-specific job appellations and pay discrimination. The Government indicates that the Remuneration Regulations governing the salt manufacturing industry, the sugar industry and tea industry still contain different wage rates for male and female workers which are gradually being looked into by the NRB. While welcoming the continuous efforts of the Government to remove discriminatory provisions from the Remuneration Regulations, the Committee urges the Government to accelerate the process of reviewing and modifying Regulations establishing different wage rates for men and women, including in the salt manufacturing, sugar and tea industries, and containing gender-based appellations, which constitute direct discrimination based on sex. The Committee asks the Government to provide information on how it is ensured, when determining minimum wage rates by occupation, that female dominated occupations are not undervalued in comparison with male dominated occupations. The Committee also asks the Government to provide information on the status of revision of the Remuneration Regulations and copies of the relevant texts once they are adopted.

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

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

Occupational segregation and gender wage gap. With regard to the statistical information provided by the Central Statistics Office (the 2010 Survey of employment and earnings in large establishments), women workers continue to be affected by horizontal occupational segregation. Indeed, 35.2 per cent of women working in the industrial sector are working in manufacturing, in particular in textile which is one of the low-paid sectors. The Committee also notes the low number of women working in the public sector (women represent only 33.4 per cent of the workers in the general government sector), where the average monthly earning is higher than in the private sector according to the 2009 Digest of Public Finance Statistics. The Committee notes the Government’s indication that the National Remuneration Board (NRB), ensures that there are no remuneration differentials between men and women for work of equal value in the private sector. Finally, the Committee notes the information given by the Government indicating that national programmes will be developed by the National Empowerment Foundation to improve women’s skills and in particular to increase their earnings potential. The Committee encourages the Government to take the necessary steps to address the occupational gender segregation and to reduce the remuneration disparities between men and women. In this regard, the Committee asks the Government to provide information on the following:

• (i) the concrete measures taken to provide women with a wider range of employment opportunities, including in the higher-paid sectors and at managerial and decision-making levels in the public and the private sectors;
• (ii) the concrete measures taken by the NRB to reduce the wage differentials in the private sector, as well as further information on the national programmes undertaken by the National Empowerment Foundation to improve women’s skills and earnings; and
• (iii) more detailed statistical data disaggregated by sex on remuneration levels in the various industries and occupational categories in the public and private sectors.

Article 1(b) of the Convention. Equal remuneration for work of equal value. The Committee notes the Government’s indication that the Employment Rights Act, 2008, introduced the concept of equal remuneration for work of equal value. The Committee notes, however, that section 20 of the Act provides for employers or job contractors to “ensure that remuneration of any worker shall not be less favourable than that of another worker performing the same type of work”. The Committee recalls that limiting the scope of comparison to “the same type of work” does not give full effect to the principle of “equal remuneration for men and women for work of equal value”. In this connection, the Committee refers the Government to its 2006 general observation in which the Committee emphasized that legislation should not only provide for equal remuneration for the same work but also address situations where men and women perform work of a different nature that is nevertheless of equal value. The Committee asks the Government to provide information on the application in practice of section 20 of the Employment Rights Act including regarding cases of violations of this provision. The Committee also asks the Government to consider amending the legislation to give full legislative effect to the principle of equal remuneration for men and women for work of equal value and to provide information in this respect.

Article 2. Determination of wages. Remuneration orders. The Committee recalls that in the private sector, wages are fixed by Remuneration Order Regulations in particular, and that the NRB ensures that job appellations and classifications are based on the principle of equal remuneration for men and women for work of equal value. The Committee notes from the Government’s report that, in the new Livestock Workers (Remuneration Order) Regulations, the expressions “male worker” and “female worker” were substituted, respectively, for “farm worker grade I” and “farm worker grade II”. The Committee also notes the Government’s indication that the recent Remuneration Order Regulations concerning the road haulage industry and the travel agents and tour operators do not contain any gender-specific appellations. However, the Committee notes that no information has been provided concerning amendment to the following Remunerations Order Regulations containing pay differentials or wage categories based specifically on a worker’s sex: the Tea Industry Workers (Remuneration Order) Regulations, 1984; the Salt-manufacturing Industry (Remuneration Order) Regulations, 1983; and the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations, 1983. The Committee further notes that, pursuant to section 97(c) of the Employment Relations Act, 2008, the NRB needs to promote gender equality and to fix wages on the basis of job content; and that a sectoral gender policy (SGP) is currently under preparation to eliminate gender-specific appellations in the Remuneration Order Regulations and to fix wages on the basis of job content. According to the Government’s indication, an action plan on operational strategies and institutional arrangements for achieving gender equality will be envisaged as soon as the SGP is finalized. In light of the above, the Committee asks the Government as follows:

• (i) to amend without further delay the remaining Remuneration Order Regulations in order to remove all the gender-specific appellations;
• (ii) to provide information on the concrete measures taken or envisaged by the NRB to carry out its functions pursuant to section 97(c) of the Employment Relations Act, particularly with a view to applying in practice the principle of equal remuneration for men and women for work of equal value; and
• (iii) to provide information on any developments concerning the implementation of the SGP and the action plan envisaged under the National Gender policy, especially regarding the formulation of policy guidelines to set wages based on job content.
• (iv) to provide information on the measures taken to ensure that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men when minimum wage rates are fixed by the NRB.

Determination of wages. Collective agreements. The Committee recalls the Government’s statement that collective agreements play an important role in setting rates of remuneration. It also notes that courses, workshops and talks have been organized to enhance the social partners’ understanding of the principle of the Convention and section 20 of the Employment Rights Act. The Committee further notes that, according to section 57(1)(c) of the Employment Relations Act, a collective agreement shall not contain any provision inconsistent with section 20 of the Employment Rights Act. The Committee asks the Government to provide information on how the principle of equal remuneration for men and women for work of equal value is being applied with regard to section 57(1)(c) of the Employment Relations Act, and to indicate the measures taken to ensure that employers’ and workers’ organizations promote and respect the principle of the Convention in the context of collective bargaining, including further information on awareness-raising activities taken or envisaged in this regard. Please also supply copies of collective agreements applying this principle.

Public service schemes. The Committee notes that some of the gender-specific appellations in the public service schemes have been reviewed, especially in sectors such as disciplined forces, health and education. The Committee also notes from the information provided by the Government that, in the abovementioned sectors, sex-specific job categories have been maintained to ensure recruitment of the appropriate number of persons to meet the needs of the particular services. The Committee asks the Government to take steps to replace the sex-specific appellations remaining in the disciplined forces, health and education sectors to ensure that gender-neutral terminology is used, so as to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman, and to provide information in this regard.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Pay Research Bureau (PRB) uses the analytical method of job evaluation for determining salaries in the public sector. The Government indicates that no reference has been made to gender for evaluating jobs, and that the following factors are used in the process of job evaluation for manual and non-manual schemes: complexity, creativity, education, decision, supervision, responsibility and contact. The Committee further notes that ILO technical assistance is being sought under the Decent Work Country Programme (2010–13) in order to help the NRB to conduct objective job evaluations in the private sector, and to promote the determination of remuneration free from gender bias. The Committee asks the Government to continue to provide information on any progress made in undertaking objective job evaluations in the public and private sectors, and to indicate in particular whether such evaluations have led to adjustment of remuneration in accordance with the principle of equal remuneration for men and women for work of equal value.

Article 4. Cooperation with social partners. The Committee notes that the Labour Advisory Council (LAC) was established in 2009, pursuant to section 64 of the Employment Rights Act. However, it notes the Government’s indication that no initiative has been taken by the LAC with regard to the application of the principle of equal remuneration for men and women for work of equal value. The Committee further notes that the composition of the NRB has been restructured in accordance with section 90 of the Employment Relations Act and includes members of employers’ and workers’ organizations. The Committee asks the Government to provide information on the activities carried out by the LAC and the NRB, including measures taken or envisaged to foster respect of the principle of the Convention. Please also provide any information on other activities carried out in cooperation with employers’ and workers’ organizations to apply the provisions of the Convention.

Enforcement. The Committee notes that pursuant to section 60 of the Employment Rights Act, the labour inspectorate shall ensure the enforcement of the Act and “any other enactment relating to labour or employment”; and that the Employment Relations Act imposes sanctions on employers who contravene a remuneration regulation, including providing for a fine (section 95(2) of the Act). The Committee also notes the Government’s indication that in-house training has been given to labour inspectors with a view to enhancing their capacity to detect and address violations related to the principle of the Convention. However, the Committee notes that no violations related to equal remuneration for men and women for work of equal value have been detected through labour inspection so far. The Committee further notes the Government’s indication that the Industrial Court issued judgment in a case involving the principle of equal remuneration for work of equal value. The Committee asks the Government to continue to provide labour inspectors with specific training on the scope of the principle of equal remuneration for men and women for work of equal value, and on its practical implications, in order to enhance their capacity to detect and address shortcomings in the application of the Convention. Please provide information on any achievements in this regard, as well as information on the activities of the labour inspectorate services, including any complaints received or violations detected, the sanctions imposed and the remedies provided. The Committee also asks the Government to supply a copy of the judgment mentioned in the Government’s report, as well as information on any other administrative or judicial decisions relevant to the Convention.

Part V. The Committee notes that the study on “Discrimination practices in the Mauritian labour market” has not been released due to the legislative developments in the labour market. The Government indicates that the matter will be reconsidered after the promulgation of the Equal Opportunities Act, 2008 and after sensitization on the Employment Rights Act and the Employment Relations Act has been undertaken. The Committee asks the Government to provide information on the findings and conclusions of and follow-up to the study once available.

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

The Committee notes the Government’s report and the observations of the Federation of Parastatal Bodies and Other Unions (FPBOU) which was attached thereto. The Committee notes that the Employment Rights Act, 2008 was adopted on 22 August 2008, replacing the Labour Act of 1975. It notes further that the Employment Relations Act was also adopted on the same date, replacing the Industrial Relations Act, 1973. However, copies of these Acts have not yet been made available to the Committee. The Committee asks the Government to supply copies of the Employment Rights Act and the Employment Relations Act.

Gender wage gap. Further to its previous comments concerning the existence of remuneration differentials between men and women, the Committee notes the Government’s indication that some progress is being made in addressing the occupational gender segregation in the labour market as a means of reducing the gender wage gap. The Committee asks the Government to continue its efforts to reduce the remuneration disparities between men and women and to provide full information on the measures taken to this end, and their impact. The Committee also asks the Government to provide statistical information disaggregated by sex on remunerations levels in the various sectors and occupational categories.

Article 1(a). Definition of remuneration. Referring to its previous comments, the Committee notes that according to the Government’s report, section 2 of the Employment Rights Act explicitly covers all emoluments, whether paid in cash or in kind, earned by a worker under an employment contract and also extends to the money due as a share of profits. In light of the definition of basic salary provided in the same section, the Committee understands that the definition of remuneration would encompass not only the basic salary but also any additional emoluments arising out of the worker’s employment in line with Article 1(a) of the Convention. The Committee would appreciate receiving a confirmation from the Government regarding the scope of the definition of remuneration contained in section 2 of the Employment Rights Act.

Article 1(b). Equal remuneration for work of equal value. The Committee notes that the principle of equal remuneration for work of equal value was not fully reflected in the last draft of the Employment Rights Bill provided to the Office, as equal remuneration was limited to “the same type of work”. The Committee also notes that the Code of Conduct for a Conflict Free Workplace (2003), which included the principle of the Convention, is being revised in the light of the adoption of the Employment Relations Act. The Committee further notes the Government’s intention to introduce an Equal Opportunities Bill in the near future. The Committee hopes that the new Employment Rights Act gives full legal expression to the principle of equal remuneration for work of equal value, and does not limit equal remuneration to “the same type of work”. It further asks the Government to ensure that the principle of the Convention is reflected in the revised Code of Conduct for a Conflict Free Work Place, and to provide information on any developments in this regard, as well as with respect to the status of the Equal Opportunities Bill.

Article 2. Determination of wages. Remunerations orders. With regard to the removal of gender-specific appellations in the remuneration orders, the Committee notes from the Government’s report that the Public Transport (Buses) Workers (RO) Regulations 2008 were amended by replacing the gender-specific functions with gender-neutral appellations. The Committee notes that in the Field-Crop and Orchard Workers (RO) Regulations 2008, the expressions “field labourer (male)” and “field labourer (female)” were substituted, respectively, for “field labourer (grade I)” and “field labourer (grade II)”. The Committee notes that according to section 2 of these Regulations, field labourers belonging to grade I are skilled or semi-skilled field workers who receive a higher salary than the workers belonging to grade II, i.e. unskilled field workers. The Committee also notes the Government’s indication that the National Remuneration Board determines the basic wages for the different occupational categories according to the general principles set out in section 47 of the Industrial Relations Act (i.e. results, skills, and levels of responsibility) and the Minimum Wage Fixing Convention, 1970 (No. 131), but it lacks specific guidelines to establish remuneration rates on the basis of job content. The Committee notes that the Industrial Relations Act was replaced by the Employment Relations Act on 22 August 2008. The Committee asks the Government as follows:

(i)    to amend the remaining remuneration orders to remove gender-specific appellations;

(ii)   to provide information on the proportion of women in grade I and grade II field labourers under the Field-Crop and Orchard Workers (Remuneration Order) Regulations;

(iii) to consider developing guidelines and training for the National Remuneration Board to assist it in determining the basic wages for the different occupational categories and posts on the basis of the tasks performed, in line with the indications provided in the 2006 general observation on the Convention;

(iv)  to indicate whether any relevant provisions in this regard were included in the Employment Relations Act; and

(v)   to supply information on any developments concerning the formulation of policy guidelines to set wages based on job content envisaged under the Action Plan on the National Gender Policy.

Determination of wages. Collective agreements. Further to its previous request on the extent to which the principle of equal remuneration for work of equal value is reflected in collective agreements, the Committee notes the Government’s indication that collective agreements set remuneration rates in relation to the different occupational categories and posts and irrespective of the workers’ sex. The Committee wishes to emphasize that the lack of any references to workers’ sex in the determination of wages does not ensure that the principle of the Convention is being fully applied. Recalling its 2006 general observation on the Convention, the Committee stresses that the principle of equal remuneration for work of equal value, although including the basic principle of equal remuneration for equal jobs, also requires that a comparison be made between work of a different nature performed by men and women in order to ascertain whether they are nonetheless of equal value and shall thus be accorded equal remuneration. This is all the more important given that historical attitudes towards the role of women in society have contributed to the confinement of women in certain occupations which are often undervalued for the purpose of wage setting in comparison to the occupations in which men predominate. The Committee asks the Government to take measures to enhance the social partners’ understanding of the principle of the Convention and to be able to ensure that this is reflected in collective agreements. Please provide information on the measures taken to this end and their impact on promoting the observance of the principle of equal remuneration for work of equal value in the negotiation and implementation of collective agreements.

Public service schemes. With regard to the use of gender-specific appellations in the public service schemes relating to the disciplined forces, health and education sectors the Committee notes the Government’s indication that no review has been undertaken in this regard. It also notes that in the Government’s view there would be no risk of remuneration disparities resulting from these gender-specific job appellations as the same remuneration rates are set for male and female staff in the same grade. The Committee asks the Government to review the gender-specific appellations in the public schemes with a view to ensuring that no restrictions on men’s and women’s access to these jobs apply in practice. The Committee would also appreciate receiving copies of the public service schemes applying, in particular, to the disciplined forces, health and education sectors.

Article 3. Objective job evaluation. The Committee notes from the observations submitted by the FPBOU that objective job appraisals will be undertaken following the recommendations of the Pay Research Bureau. The Committee also notes that, according to the Government’s report, while in the public sector such methods are already followed, in the private sector they are not, given the limited capacity of the National Remuneration Board. In this regard, the Committee notes the wish expressed by the Government that the Office provide technical assistance to help the National Remuneration Board conduct objective job evaluation and fully understand the concept of work of equal value. The Committee asks the Government to provide detailed information on the criteria employed by the Pay Research Bureau to carry out the objective evaluation of jobs and the measures taken to ensure that these criteria are free from gender bias. The Committee also encourages the Government to take steps to promote objective job evaluation in the private sector and to provide the National Remuneration Board with the necessary training to fulfil this task.

Article 4. Cooperation with social partners. The Committee notes that section 64 of the Employment Rights Bill provided for the establishment of the Labour Advisory Council, as a tripartite body charged, among other things, with considering measures to be adopted with a view to promoting the implementation of ILO Conventions. The Committee asks the Government to provide information on whether this body has been established and regarding any initiatives taken by it with respect to the application of the principle of equal remuneration for work of equal value.

Parts III and IV of the report form. The Committee notes the Government’s indication that capacity building of labour inspectors with respect to the detection of violations of the principle of equal remuneration is being carried out, and that the issue of equal remuneration for work of equal value is being brought to the attention of the parties in dispute in the context of conciliation meetings regarding salary revision. The Committee also notes that no decisions concerning the application of the Convention were handed down by national courts or other competent bodies. The Committee asks the Government as follows:

(i)    to indicate the measures taken to increase labour inspectors’ capacity to detect and address infringements related to the principle of the Convention;

(ii)   to provide information on the violations detected by the labour inspectors, the sanctions imposed and the remedies provided; and

(iii) to supply information on any judicial or administrative decisions involving the principle of equal remuneration for work of equal value.

Part V. Noting that the Study on “Discrimination practices in the Mauritian labour market” conducted in partnership with the UNDP and the ILO in the framework of the project “Gender equality and empowerment of women” has been released, the Committee again invites the Government to examine the recommendations included in this study and provide information on any measures taken as a follow-up to them to address inequalities in remuneration between men and women.

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

1. Article 1(a). Definition of remuneration. The Committee notes the Government’s confirmation that the definition of remuneration in section 2 of the Labour Act applies to the basic salary as well as to any additional allowances whether paid in cash or in kind. It further notes that money due as a share of profits should not be considered as remuneration, and that the draft Employment Rights Bill includes a similar provision. The Committee draws the attention to the Government that this element should be considered remuneration due to the wide definition contained in Article 1(a) of the Convention. The Committee asks the Government to use the legislative revision to include a clearer definition of remuneration covering all elements, including money due a share of profits, in accordance with the Convention.

2. Article 1(b). Equal remuneration for work of equal value. The Committee has previously noted that the Sex Discrimination Act of 2002 (and the Equal Opportunities Bill intended to replace it) prohibit discrimination based on sex in employment and occupation but did not contain a provision given legal expression to the principle of the Convention. The Committee notes the Government’s indication that the Equal Opportunities Bill is still under preparation and that the guidelines of the Code of Conduct for a Conflict Free Workplace (2003), which provides for equal remuneration for work of equal value, have not yet much been used. It also notes that section 4 of the Employment Rights Bill protects against discrimination based, among other grounds, on sex and that section 20 provides that remuneration for any employee shall not be less favourable for another employee for work of equal value. The Committee hopes that the Employment Rights Bill will be adopted soon and that the Government will consider also integrating a provision in the Equal Opportunities Bill giving legal expression to the principle of the Convention. It also asks the Government to indicate any further steps taken to promote a more intensive use of the Code of Conduct and to provide information on its practical impact.

3. Article 2. Determination of wages. Remuneration orders. With respect to remuneration orders containing pay differentials or sex-based job appellations the Committee notes that the National Remuneration Board (NRB) has made efforts to remove the gender-specific job classifications in the Cinema Employees Renumeration Order (RO) Regulations and the Distributive Trades (RO) Regulations of 2004. The Committee further notes that the NRB is also reviewing the Field Crop and Orchard Workers (RO) Regulations, the Livestock Workers (RO) Regulations and the Travel Agents and Tour Operators (RO) Regulations and that its recommendations will ensure that no gender-specific appellations will be used. On the other hand, the Committee notes the Government’s statement that the references to “Watchman” in the Catering and Tourism Industries (RO) Regulations of 2004 have not been removed because at the time of the review it was considered as not having any connotation to gender. Likewise, the categories “Foreman”, “Watchman” and “Tyreman” in the recently reviewed Block making, Construction, Stonecrushing and Related Industries (RO) Regulations were also not removed because it was found that no prejudice was being caused to workers as such posts are occupied by male workers. The new Export Enterprises (RO) Regulations of 2005 also continue to include a reference to “Watchman”. Furthermore, the review of the remuneration orders in the tea and salt sectors have been postponed to a later period. The Committee considers that assuming that the abovementioned posts should be exclusively filled by men appears to exclude women from accessing such posts if they desired to do so. This would lead to discrimination based on sex and have, indirectly, an impact on rates of remuneration paid to men and women. The Committee further notes that the Action Plan on the National Gender Policy provides that policy guidelines be formulated to set wages based on the job content particularly for the sugar, tea and salt industries, the field crop and orchard workers, livestock workers, and workers other than those in export processing zones (EPZs). The Committee urges the Government to amend the remuneration orders that still contain gender-specific appellations so as to bring them in full conformity with the Convention, and to forward copies of the orders as soon as they are amended. The Committee also asks the Government to provide information on the action taken regarding policy guidelines for wage fixing based on job content and to indicate the criteria used by the National Remuneration Board to determine the basic wages for the different categories of workers and posts covered by the remuneration orders.

4. Article 2. Determination of wages. Collective agreements. The Committee notes the statistics provided by the Government on the number of men and women covered by collective agreements in the aviation, electricity, telecommunication, food and beverages and tobacco industries. The Committee notes the Government’s statement that parties to collective agreements are not bound by law to submit a copy of the agreement to the Government and that collective agreements generally respect the principle of equal remuneration for work of equal value. However, without copies or further information on the contents of these agreements, it is difficult for the Committee to assess how the principle of the Convention is applied. Having noted previously the Government’s statement that collective agreements play an important role in setting rates of remuneration, the Committee asks the Government to indicate more clearly in its next report the extent to which the principle of equal remuneration for work of equal value is being applied in collective agreements, and to indicate the measures it has taken to ensure that employers’ and workers’ organizations promote and respect this in the negotiation and execution of their collective agreements.

5. Article 2. Public service schemes. With respect to the use of sex-specific job appellations in the public service schemes, the Committee notes the Government’s statement that in a few limited cases such as the disciplined forces, health and education sectors, sex-specific appellations have been maintained for the setting of wages in order to ensure the recruitment of the appropriate number of persons by sex to meet the needs of the particular service. The Committee notes, however, from the study of the Pay Research Bureau that, with respect to female cloak room attendants, in view of their employment in primary schools, the recommendation was nevertheless made to remove the gender connotation in order to avoid the use of masculine or feminine appellations. This appears to indicate that due to changing circumstances with regard to a certain occupation, sex-specific job appellations may no longer be justified. The Committee also points out that while for certain occupations sex-specific appellations may respond to a legitimate aim to meet the needs of a particular service, this must not restrict the access of men or women to these jobs once the “appropriate number of persons” is obtained. The Committee asks the Government to consider reviewing the sex-specific appellations in the disciplined forces, health and education sectors in order to determine whether they are still necessary for the setting of wages in these sectors. The Committee also asks the Government to indicate the measures taken to eliminate the risk that sex-specific job appellations result in practice in unequal remuneration between men and women for work of equal value.

6. Article 3. Objective job evaluation. The Committee notes the Government’s statement that no new methodologies for objective job evaluation are currently being implemented. The Committee recalls that comparing the work performed by men and women is essential for eliminating pay discrimination and to determine whether jobs are of equal value. The Committee notes that the Action Plan on the Gender Equality Policy provides for job evaluation exercises with the assistance of the ILO as well as research regarding the public service schemes. Recalling its general observation of 2006 on this Convention, the Committee asks the Government to keep it informed on the progress made in undertaking objective job evaluation exercises and the measures taken to promote their application in the public and private sectors.

7. Cooperation with the social partners. In absence of any information on this point, the Committee reiterates its request to the Government to provide detailed information on how it is cooperating with employers’ and workers’ organizations to apply the principle of the Convention.

8. Parts III and IV of the report form. The Committee notes the information in the Government’s report regarding the manner in which the labour inspection services are carrying out inspections and assisting workers in settling their case if violations are being detected. The Government states that, so far, the labour inspection services have not come across any wage discrimination cases nor has any case been referred to the Sex Discrimination Division under the period under review. The Committee with interest the national study on “Discriminatory Practices in the Mauritian Labour Market” (2007). It notes that the study appears to suggest that pay discrepancies between men and women do exist in sectors covered by remuneration orders supervised by the inspection services, and that awareness raising about the legal provisions on employment and remuneration would help to reduce discriminatory practices. The Committee asks the Government to provide information in its next report on any measures taken or envisaged to raise awareness among workers and employers about the requirements of the Convention. Please also provide information on any measures taken or envisaged to increase the capacity of the labour inspection services to detect cases of unequal pay, for example through providing training to labour inspectors on how to monitor effectively compliance with the principle of equal remuneration between men and women for work of equal value.

9. Part V of the report form. Remuneration gap. In its previous comments, the Committee had noted the apparent indirect wage disparities between men and women in the EPZ due to the horizontal and vertical segregation of women workers in industrial groups where earnings were lower. The Committee notes the Government’s statement that indirect wage disparities in earnings could be explained by the fact that male workers take up jobs that are more highly paid, but that now more women are aspiring to perform jobs traditionally reserved for men in various sectors of employment. Increased education and training should also contribute towards the gradual elimination of segregation of women in the labour market. The Committee notes from the abovementioned study on discriminatory practices that some of the wage discrepancies can be explained by occupational segregation but that important differences remain within each occupational group, especially in the lowest paid categories of the elementary occupations where women’s earnings appear to be barely half of men’s. The earnings differentials are the greatest in manual occupations suggesting that some manual occupations done by women (i.e. household services and machine operators in EPZ) are less well paid than similar occupations done by men. Likewise, the Committee notes from the statistics of 2005 that vertical and horizontal occupational segregation is also highly prevalent in the government sector where women employees are mostly concentrated in the education and health sectors and in clerical work. Their presence in posts of responsibility, except for head teachers, is low and there are hardly any women working as service workers in the police force; no women are working in the fire brigade or as skilled agricultural workers and women are highly underrepresented as craft and related trade workers, plant and machine operators and in elementary occupations. The Committee further notes that the abovementioned study highlights that in other sectors than EPZ employers’ preferences for male workers still prevail due to stereotype assumptions on women’s role in the family and the household. The Committee asks the Government to step up its efforts to reduce earnings differentials that occur through occupational segregation of women including as a result of employers’ preferences for male workers in the private and government sectors, to eliminate earnings differentials between men and women within occupational groups, particularly in elementary occupations, and to report on the measures taken and results achieved. The Committee also refers the Government to its comments on Convention No. 111 in this regard.

10. The Committee notes with interest that the project “Gender equality and Empowerment of Women” undertaken in partnership with the UNDP and the ILO is ongoing and that one of the outcomes was the study on “Discriminatory Practices in the Mauritian Labour Market” (2007). The Committee asks the Government to continue to inform it about the outcome of the project as well as any follow-up to any of the conclusions and recommendations made in the discrimination study and how they have helped to address inequalities in remuneration between men and women.

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

The Committee notes the information in the Government’s first report and in the attached documentation. The Government is requested to provide information on the following points.

1. Article 1(a) of the Convention. Definition of remuneration. The Committee notes the definition of remuneration in section 2 of the Labour Act, 1975, which applies both to the private and public sectors and includes "all emoluments earned by a worker under an employment contract". Recalling that the notion of remuneration covered by Article 1(a) of the Convention applies not only to the basic salary but also to any additional emoluments whether paid in cash or in kind, the Committee asks the Government to confirm whether the definition in the Labour Act covers each of these elements.

2. Article 1(b). Equal remuneration for work of equal value. The Committee notes that neither the Labour Act nor the Industrial Relations Act (nor the Employment and Industrial Relations Bill intended to replace it) contain a provision explicitly providing for equal remuneration for men and women for work of equal value. It notes, however, that in more general terms, the Sex Discrimination Act 2002 and the Equal Opportunities Bill 2005, which is intended to replace it, prohibit discrimination on the basis of sex in employment and occupation. In addition, the Code of Conduct for a Conflict Free Workplace Practice (2003) provides in section (i)(ix) that there shall be equal pay for men and women for work of equal value. In the light of the above, the Committee encourages the Government to use the current legislative developments to give legal expression to the principle of equal remuneration for men and women for work of equal value. In the meantime, the Committee asks the Government to provide information demonstrating that the principle of the Convention is being applied in practice, including through the Code of Conduct.

3. Article 2. Determination of wages. Remuneration orders. The Committee notes that in the private sector wages are prescribed by collective agreements, arbitration awards and Remuneration Order Regulations in 29 sectors, collective agreements. The Committee notes the information in the Government’s report that the National Remuneration Board (NRB) is making efforts to ensure that job appellations and classifications are based on the principle of equal remuneration for work of equal value, but that a number of Remuneration Orders have still been identified as containing pay differentials or wage categories based specifically on a worker’s sex: the Tea Industry Workers (Remuneration Order) Regulations, 1984; the Livestock Workers (Remuneration Order) Regulations, 1983; the Salt-manufacturing Industry (Remuneration Order) Regulations, 1983; the Sugar Industry (Agricultural Workers) (Remuneration Order) Regulations, 1983; the Field-crop and Orchard Workers (Remuneration Order) Regulations, 1991; and the Catering Industry (Remuneration Order) Regulations, 1987. Furthermore, the recently adopted Blockmaking, Construction, Stone Crushing and Related Industries (Remuneration Order) Regulations, 2003 also continue to include gender-specific job nominations such as "foreman" and "watchman". The Committee commends the Government for acknowledging the incompatibility of sex-based classifications with the principle of the Convention and notes the Government’s commitment to review and rectify any outstanding gender-specific job appellations, for which it has requested assistance from the ILO. The Committee asks the Government to keep it informed of any developments in the NRB’s ongoing investigation into sex-based classifications in the above Remuneration Orders and asks the Government to forward copies of the revised Orders as soon as they are amended. Please also provide information, disaggregated by sex and occupation, on the number of men and women employed in the various sectors covered by Remuneration Orders.

4. Article 2. Determination of wages. Collective agreements. The Committee notes that collective agreements play an important role in setting worker remuneration rates in both the public and private sectors. The Government gives no indication, however, as to how it promotes the principle of equal remuneration with respect to these agreements. The Committee refers the Government to paragraphs 226-238 of its 1986 General Survey on equal remuneration in which it highlights the role of the authorities in supervising the legality of the clauses in collective agreements and the inclusion of the principle of equal remuneration. In this regard, the Committee asks the Government to provide copies of available collective agreements adopted in the public and private sectors and to indicate the number of men and women covered by these agreements. Please also provide additional information on any existing or planned measures to ensure that employers’ and workers’ organizations promote and respect the principle of equal remuneration in the negotiation and execution of their respective collective agreements.

5. Article 2. Public service schemes. The Committee notes that the Pay Research Bureau (PRB) is the body responsible for setting wages and other working conditions in the public sector. The Government indicates in this regard that wages are fixed on the basis of job content without distinction between male and female workers. The Committee notes with interest from the PRB’s most recent report (2003), that in the creation, review and restyling of grades, it attempts to use neutral terms and thereby avoid sex-specific job descriptions. It notes, however, that certain sex-specific job categories continue to be applied, particularly with respect to the setting of monthly rent allowances for prison officers and rehabilitation youth centre workers, as well as in the classification of education ushers and nurses, but that remuneration rates appear to be the same for otherwise identical male and female positions. The Government should be aware, however, that as long as sex-specific categories are used, the risk remains that these could result in unequal remuneration between men and women for work of equal value. The Government is requested to clarify the continuous use of these sex-based job appellations as well as to indicate what further measures it intends to take with a view to eliminating all sex-based distinctions in the PRB’s job classification scheme. Please also provide information on the distribution of men and women in various job categories under the job classification scheme.

6. Article 3. Objective job evaluation. The Committee notes the information in the Government’s report regarding the capacity of the PRB and the NRB to conduct job appraisal exercises. It also notes with interest that within the context of the Government’s investigation into sex-based job classifications, including with respect to the abovementioned Remuneration Orders, it has sought assistance from the ILO to conduct a job appraisal exercise. The Committee asks the Government to keep it informed on any progress made in developing and implementing methodologies for objective job appraisals free from gender bias in both the public and private sectors, along with the results achieved towards the elimination of inequalities in remuneration between men and women for work of equal value.

7. Article 4. Cooperation with the social partners. The Committee notes that the proposed Employment and Labour Relations Bill modifies the existing structure of the NRB by transforming it into a tripartite body with equal representation from employers’ and workers’ organizations and Government. It further notes the Government’s indication that in the public sector, the PRB consults with public service management and with the federations of staff associations and various unions in the course of preparing its reports. The Government is requested to continue to provide detailed information on the specific activities carried out with organizations of employers and workers to apply the principle of the Convention.

8. Parts III and IV of the report form. The Committee notes that the Inspection and Enforcement Division of the Ministry of Labour, Industrial Relations and Employment (MLIRE) is entrusted with the application of the legislation pertaining to the private sector, and that in instances of non-observance of the law, the Division provides a free service to workers by initiating and conducting their cases in court. The Committee also notes that cases of alleged wage discrimination may also be referred to the Sex Discrimination Division of the Commission of Human Rights (to be replaced by the Equal Opportunities Commission under the Equal Opportunities Bill). Noting from the statistics published by the MLIRE that inspection services are mainly carried out in sectors covered by Remuneration Orders, the Committee asks the Government to provide details about the manner in which the labour inspectorate assesses workplace compliance with the principle of equal remuneration in these sectors and whether it has assisted any workers in bringing cases of alleged wage discrimination to court and, if so, the outcome in those cases. Please also provide information on the number and nature of any complaints referred to the Sex Discrimination Division relating to the application of the Convention.

9. Part V of the report form. Practical application and wage differentials in export processing zones (EPZs). The Committee notes the statistics collected by the Ministry of Labour, Industrial Relations and Employment regarding the number of workers and their earnings in large EPZ establishments in March 2005. The Committee draws the Government’s attention to the apparent segregation of women workers in industrial groups where earnings are lower compared with those groups where there is a higher proportion of male workers. For instance, the average monthly earnings in March 2005 for all EPZ workers (male and female) was Rs.6,706. Yet, in those sectors where women workers were in the vast majority (food (70 per cent), wearing apparel (except footwear) (66 per cent), and other (77 per cent)), the average monthly earnings were below average (Rs.6,048, Rs.6,428 and Rs.6,103 respectively). On the other hand, in two particular sectors heavily dominated by male workers (textiles (63 per cent) and paper products, printing and publishing (69 per cent)), monthly earnings exceeded the average (Rs.8,120 and 8,724 respectively). Given that job segregation constitutes an obstacle to the application of the principle of equal remuneration for work of equal value, the Committee asks the Government to clarify and address these apparent wage disparities between men and women in the EPZs. Please also indicate what measures have been taken to eliminate indirect discriminatory pay differentials that occur through horizontal and vertical segregation of women in the labour market and to eliminate the underestimated value of work traditionally performed by women.

10. The Committee notes with interest the project entitled "Gender equality and empowerment of women" undertaken in partnership with UNDP and the ILO, which intends, among other things, to develop strategies to address employment inequalities in compliance with Convention No. 100. It asks the Government to keep it informed of the outcomes of the abovementioned project with respect to the promotion of equal remuneration for work of equal value.