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

Equal Remuneration Convention, 1951 (No. 100) - Saint Kitts and Nevis (Ratification: 2000)

Article 1 of the Convention. Equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that the draft Equal Pay Act is now in line with the Caribbean Community (CARICOM) model legislation on Equality of Opportunity and Treatment in Employment and Occupation, and that the principle of equal remuneration for men and women for work of equal value is addressed in the draft Equal Pay Act. The Committee further notes the Government’s intention to include in the new Labour Code a provision on equal remuneration that is similar to the provision contained in the CARICOM model legislation. The Committee asks the Government to provide a copy of the actual text of the relevant provisions of the draft Equal Pay Act and the draft Labour Code, and to provide information on any further developments concerning the status of the draft legislation. Please supply a copy of the final texts once adopted.

Article 2. Minimum wages. The Committee notes the Government’s statement that it will continue to ensure that minimum wage legislation is free from gender bias, and recalls the Government’s indication that specific criteria will be included in the ongoing law review in this regard. The Committee further notes that no information has been provided regarding the distribution of men and women in the categories of work covered by the minimum wage legislation. In this connection, the Committee reminds to the Government of the importance of collecting such information in order to ensure that sectors in which women predominate are not being undervalued. The Committee asks the Government to provide information on the following:

(i)    the specific measures it intends to take to ensure that the criteria used for the determination of minimum wages are free from gender bias, and that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men;

(ii)   how it ensures the application of the principle of equal remuneration between men and women for work of equal value, for workers excluded from the scope of the Labour (Minimum Wage) (National Minimum Wage) Order, 2008; and

(iii)  the measures taken or envisaged to ensure the effective enforcement of minimum wage regulations, whether national or sectoral, particularly through the Labour Commission and the labour inspectorate services. The Committee also asks the Government to take further steps to collect information on the distribution of men and women in the different categories of work covered by the minimum wage orders, as well as wages paid in those sectors.

Article 3. Objective job evaluation. The Committee notes that the objective job evaluation for the civil service, which started in 2008, is still ongoing. It also notes the Government’s intention to promote the same objective job evaluation in the private sector. The Committee asks the Government to provide information on the progress made in completing the job evaluation exercise for the civil service, and on the results achieved. Please also provide specific information on the methodology used. The Committee further asks the Government to provide information on any progress made in promoting objective job evaluation in the private sector.

Article 4. Cooperation with social partners. In the absence of the information previously requested, the Committee recalls the Government’s intention to continue its dialogue with the social partners as well as civil society organizations with regard to the application of the Convention. The Committee encourages the Government to seek actively the cooperation of the social partners with a view to raising awareness and understanding of the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Enforcement. The Committee once again notes that the Department of Labour, while envisaging the establishment of a labour inspection service, lacks the necessary human and financial resources. It also notes that during the reporting period there were no known judicial decisions regarding equal remuneration for men and women for work of equal value. The Committee recalls its 2006 general observation underlining the important role of judges and labour inspectors in ensuring the application of the principle of the Convention. The Committee trusts that sufficient human and financial resources will be made available in order to establish a well-functioning labour inspection system which appropriately monitors the application of the principle of the Convention, and ensures greater cooperation with the Ministry of Gender Affairs, and asks the Government to provide specific information of steps taken in this regard. The Committee also asks the Government to take measures to raise awareness of labour inspectors, judges and other relevant authorities regarding the principle of equal remuneration for men and women for work of equal value, and to provide information on the measures taken in this regard.

Statistical information. Please provide statistical information, disaggregated by sex, on the number of men and women respectively employed in the different industries and occupations, and their earnings.