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

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

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

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

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

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

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

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

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

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