Equal Remuneration Convention, 1951 (No. 100) - Malawi (Ratification: 1965)

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

Previous comment

Articles 1 to 4 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. The Committee notes the indication in the Government’s report that a Labour Force Survey will be conducted in the country before the end of 2023. Recalling the importance of collecting statistical data on the earnings of men and women in the public as well as in the private sectors, with a view to identify, analyse and address gender pay discrimination, the Committee asks the Government to provide information on any results obtained through the Labour Force Survey that may contribute to assessing the gender pay gap in the country, as well as on any other measures planned or adopted to continue collecting relevant data.

Occupational gender segregation. The Committee welcomes the detailed information provided by the Government and, in particular, that: (1) the Public Service Act and the Malawi Public Service Regulations (MPSR) are being reviewed to make the terms and conditions of public service favourable for both men and women; (2) 89 per cent of the labour force is in the informal economy, with a higher proportion for women; (3) women represent 38.8 per cent of managers, 38.4 per cent of professionals, 37 per cent of clerical support workers, and 35.6 per cent of plant and machine operators/assemblers; (4) women represent 28 per cent of public service workers and 33 per cent of workers in the judiciary; (5) a 40-60 ratio was applied in access to public universities with a view to increase women’s access to a broader range of occupations and sectors of activity; and (6) enrolment measures such as scholarships and bursaries were implemented in the Technical, Entrepreneurial and Vocational Education and Training (TEVET) Authority to encourage the enrolment of girls in male dominated fields. The Committee observes that the Government refers to the National Level Gender Audit Report carried out for the Employers’ Consultative Association of Malawi (ECAM) in May 2023, according to which women´s participation in the labour force at the country level is much lower than that of men, particularly at director/senior manager level in the public and private sector, with the proportion of women-led or -owned enterprises also significantly lower. The Committee also observes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concerns about the persistent gender pay gap and the lower productivity of women in agriculture, women’s limited access to higher-paying sectors, occupational segregation, and the undervaluation of women’s work in Malawi (CEDAW/C/MWI/CO/8, 30 October 2023, paragraph 33). The Committee asks the Government to provide information on: (i) any advancement made in the revision of the Public Service Act and the MPSR; (ii) the results obtained through the 40-60 ratio system in public universities and the measures adopted by TEVET in women’s access to education and training (for instance, by providing the number of female and male students and their areas of study); and (iii) any other measures adopted to continue addressing occupational gender segregation.

Articles 2 and 3. Objective job evaluation. Pay structure. Public Service. The Committee notes the Government’s indication that: (1) there is a new standardized remuneration scale for the public sector that does not discriminate against any gender; and (2) the Bill for the establishment of the National Remuneration Commission is still in progress. The Committee asks the Government to provide information on: (i) the measures adopted to ensure that the new remuneration scales were established without any gender bias and based on objective criteria; and (ii) any progress concerning the establishment of the National Remuneration Commissionthat is to ensure the harmonization of conditions of service and the pay structure across the public service and review them at regular intervals.

Private sector. Regarding the promotion of the use of objective job evaluation methods in the private sector, the Committee notes the Government’s indication that: (1) most employers now use objective job evaluation methods such as the Patterson Scorecard and HAY job evaluation methods; and (2) it has developed guidelines to guide stakeholders in gender mainstreaming, including enhancement of equality of treatment in employment. In this regard, the Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs. There needs to be an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, Article 3 presupposes the use of appropriate techniques for objective job evaluation, comparing factors such as skill, effort, responsibilities and working conditions. Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly (see 2012 General survey on the fundamental Conventions, paragraphs 695–701). The Committee asks the Government to provide information on: (i) the scope of application of the measures adopted in the private sector (i.e. number of enterprises that have adopted such measures and number of workers covered); and (ii) how it is ensured that these job evaluation systems are free from gender bias.

Enforcementand awareness-raising. The Committee notes the Government’s statement that: (1) training on labour laws, including the Employment Act, was provided to judges, labour officers and other public officials; (2) there are appropriate institutions with procedures and remedies to address complaints related to the principle of equal pay for work of equal value; and (3) no cases were registered by labour inspectors, the Malawi Human Rights Commission or any judicial bodies regarding the equal pay provisions in the Employment Act or discrimination in remuneration based on sex. The Committee recalls that the lack of procedures may be due to several reasons, such as lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). In this regard, the Committee refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to provide information on: (i) the number of trainings provided to relevant authorities and whether these addressed the principle of equal remuneration between men and women for work of equal value; and (ii) measures adopted to identify any potential obstacles that may impact the presentation of complaints to competent authorities regarding discrimination in remuneration between men and women for work of equal value.

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

Articles 1 to 4 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. In its previous comments, the Committee asked the Government to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, including in the agricultural sector, and send such statistical data once available. It also asked the Government to provide information on any regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming” issued under section 23(1)(d) of the Gender Equality Act (GEA) of 2013 and on their implementation, or other action taken to collect and analyse, in the framework of the GEA, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women. The Committee notes that in its report the Government indicates that statistics for the private sector are not readily available. The Committee hopes that the Government will be in a position to provide statistical data on the earnings of men and women in the public and private sectors with its next report and asks for information on the measures taken to implement section 23(1)(d) of the Gender Equality Act with regard to the collection and analysis of data on inequalities in remuneration between men and women and their outcome. It reminds the Government that it may avail itself of technical assistance from the Office.

Occupational gender segregation. Previously, the Committee asked the Government to continue to: (1) take initiatives, such as increased training opportunities, to promote the access of women to higher level positions and promote gender equality throughout the public service at all levels and in all occupations; and (2) provide statistics on the representation of women in decision making positions (grades A to F). The Committee notes the Government’s indication that training opportunities are continuously provided to civil servants. The Committee also notes that in 2019, according to the statistics provided by the Government, 25 per cent of women held decision-making positions in the public service (grades A to F) while 37 per cent of women were employed in non-decision-making positions. The Committee notes the Government’s statement that the number of women employed in the public service is lower than the ideal. In this regard, the Government indicates that, through the Department of Human Resources Management and Development, it encourages applications from women in the job advertisements. Concerning the distribution of men and women in the various economic sectors, the Committee notes, from the 2018 statistics concerning the female population aged 15–64, that women are mainly engaged in agriculture, forestry and fishing, accommodation and food service activities, and education. Recalling from its previous comments that men have higher educational and professional qualifications than women, the Committee emphasizes the importance of taking measures to promote women’s and girls’ access to education and training opportunities and refers to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee asks the Government to: (i) continue to provide statistics on the distribution of women and men in the different positions and occupations in the public and private sectors; and (ii) provide information on the measures specifically adopted to promote women’s access to a broader range of occupations and sectors of activity as well as to decision-making and managerial positions, and their results.

Articles 2 and 3. Objective job evaluation. Pay structure. Public Service. Noting the lack of a harmonized pay structure in the public service, the Committee expressed the view, in its previous comments, that a harmonized pay structure in the public service would help close the gender pay gap as women often tend to be employed in lower-paying agencies, jobs or occupations and to have a limited access to additional benefits related to employment. It thus asked the Government to provide information on the implementation of the Malawi Public Service Management Policy 2018–22 with respect to equal remuneration for men and women public servants for work of equal value, including specific information on the process of harmonization of the pay structure across the public and the results achieved. The Committee notes the Government’s indication that the Department of Human Resource Management and Development (DHRMD) prepared a Bill providing for the establishment of a National Remuneration Commission that is to ensure the harmonization of conditions of service and the pay structure across the public service and review them every five years. The Government indicates that the Bill has since stalled and the DHRMD is currently working with the Ministry of Justice to ensure that the Bill can be presented and debated in Parliament soon. The Committee asks the Government to provide information on any developments concerning the establishment of the National Remuneration Commission and the harmonization of the pay structure in the public service.

Private sector. Recalling that the Employment Act of 2000 provides for equal remuneration for work of equal value without any discrimination, in particular based on sex, and noting the lack of information in this respect regarding the private sector, the Committee asked the Government, in its previous comments, to provide specific information on the steps taken to promote the application in practice of this principle specifically in the private sector and the use of objective job evaluation methods. The Committee notes the Government’s undertaking that it will engage the Employers Consultative Association (ECAM) to promote the application of the principle of the Convention in the private sector. The Committee asks the Government to provide information on any progress made in promoting the principle of the Convention in the private sector in collaboration with the Employers Consultative Association, including information on any activity specifically undertaken to promote the use of objective job evaluation methods.

Enforcement and awareness-raising. Noting the absence of specific information on the points raised in its previous comments, the Committee again asks the Government: (i) to focus its efforts of training and awareness-raising for employers and workers as well as the competent authorities, including judges, labour inspectors and other public officials, more specifically on the principle of equal remuneration for work of equal value; (ii) to ensure that access to appropriate procedures and remedies is effective; and (iii) to provide information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act (section 6(1)), as well as any cases addressed by the Human Rights Commission (MHRC) regarding discrimination based on sex with respect to remuneration.

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

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women and assess the impact of any steps taken to reduce such gap, the Committee notes that, despite its previous requests, no statistics on the remuneration of men and women workers were provided by the Government. The Committee further recalls that the Gender Equality Act (GEA) of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. The Committee asks the Government to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, including in the agricultural sector, and hopes that it will soon be in a position to do so and send such statistical data once they are available. The Committee asks once again the Government to provide information on any regulations issued under the GEA and on their implementation, or other action taken to collect and analyse, in the framework of the GEA, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.

Articles 2 and 3. Application of the principle of equal remuneration for men and women for work of equal value. Objective job evaluation. Public Service. The Committee welcomes the Government’s indication that the Civil Service Job Grading Structure was developed on the basis of the Points Factor Rating Job Evaluation Method based on the following seven factors: knowledge and experience; complexity and creativity; judgement and decision making; influence (or seniority); communication; mental judgement; and physical environment. The Government also indicates that the Civil Service Remuneration Structure is based on the Civil Service Job Grading Structure and therefore is free from gender bias. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee welcomes the adoption of the Malawi Public Service Management Policy 2018–22 as it refers both to the GEA which prohibits discrimination based on sex and to the Employment Act of 2000 which provides for “equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of … sex” (section 6(1)). The Committee notes that the Policy states that “the public service also lacks a harmonized pay structure, which means that officers of similar qualifications and experience are remunerated differently, depending on the public agency that they work for” and the “[b]enefits in the public service are also perceived to be inequitably distributed”. It further affirms that the Government undertakes to “[h]amonise conditions of service and the pay structure across the public service and comprehensively review them every five years”. The Committee is of the view that a harmonized pay structure in the public service would help close the gender pay gap as women often tend to be employed in lower-paying agencies, jobs or occupations and to have a limited access to additional benefits related to employment. In this respect, the Committee recalls that “the establishment of centralized minimum standards, narrow pay dispersion and transparency of pay and promotion structures have been identified as factors that could address the pay structure differences and help reduce the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraph 712). The Committee asks the Government to provide information on the implementation of the Malawi Public Service Management Policy 2018–22 with respect to equal remuneration for men and women public servants for work of equal value, including specific information on the process of harmonization of the pay structure across the public and the results achieved.

Occupational gender segregation. With respect to that point, as an underlying cause of pay disparities, the Committee notes the Government’s indication that despite efforts to encourage women to apply for jobs in male dominated fields (such as engineering) and men to join female dominated professions (such as nursing), the trend of having male and female dominated fields still continues in the public service, in particular in terms of representation in decision-making positions (in grade A, there are 25 per cent of women – that is, only one – and in grade B, 10 per cent). The Government adds that this is mainly due to the fact that men have higher educational and professional qualifications than women. With reference to its comments on the promotion of gender equality in the public service under Convention No. 111, the Committee welcomes the measures taken by the Government in this respect, such as the requirement to nominate at least one woman out of three recommendations for presidential appointment, the establishment of a Gender Coordinating Unit in the Department of Human Resource Management and Development, the conduct of annual gender audits, and the implementation of Leadership Development Programmes targeting men and women public servants at different grades. Recalling the importance of addressing equal remuneration between men and women in the context of a more general policy to promote gender equality and address discrimination based on sex, the Committee asks the Government to continue to take initiatives, such as increased training opportunities, to promote the access of women to higher level positions and promote gender equality throughout the public service at all levels and in all occupations. The Committee also asks the Government to continue to provide statistics on the representation of women in decision making positions (grades A to F).

Private sector. Recalling that the Employment Act of 2000 provides for equal remuneration for work of equal value without any discrimination, in particular based on sex, and noting the lack of information in this respect regarding the private sector, the Committee asks the Government to provide specific information on the steps taken to promote the application in practice of this principle specifically in the private sector and the use of objective job evaluation methods.

Enforcement and awareness-raising. The Committee recalls that the Human Rights Commission (MHRC) is responsible for the enforcement of the GEA, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1)). It notes the Government’s general indication that no complaint has been registered with this institution as regards discrimination based on sex with respect to remuneration. The Government also indicates that no court of law or other tribunals have given decisions involving issues relating to the principle of the Convention. The Committee notes that members of the judiciary were trained on the GEA and that the Government is planning the implementation of awareness-raising and sensitization programs by the MHRC on the provisions of the GEA and in relation to the provision on equal remuneration for work of equal value of the Employment Act among all sectors of the country, including labour inspection and agriculture extension workers. Recalling the importance of raising awareness of the relevant legislation, in cooperation with workers’ and employers’ organizations, to enhance the capacity of employers and workers as well as the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, the Committee asks the Government to focus its efforts of training and awareness-raising more specifically on the principle of equal remuneration for work of equal value. The Committee also asks the Government to ensure that access to appropriate procedures and remedies is effective, and to continue to provide information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the MHRC regarding discrimination based on sex with respect to remuneration.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 1 and 2 of the Convention. Assessing the gender pay gap and its underlying causes. Statistics. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women and assess the impact of any steps taken to reduce such gap, the Committee notes that, despite its previous requests, no statistics on the remuneration of men and women workers were provided by the Government. The Committee further recalls that the Gender Equality Act (GEA) of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. The Committee asks the Government to create the necessary conditions for the collection and processing of data on the earnings of men and women in the public and private sectors, including in the agricultural sector, and hopes that it will soon be in a position to do so and send such statistical data once they are available. The Committee asks once again the Government to provide information on any regulations issued under the GEA and on their implementation, or other action taken to collect and analyse, in the framework of the GEA, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.

Articles 2 and 3. Application of the principle of equal remuneration for men and women for work of equal value. Objective job evaluation. Public Service. The Committee welcomes the Government’s indication that the Civil Service Job Grading Structure was developed on the basis of the Points Factor Rating Job Evaluation Method based on the following seven factors: knowledge and experience; complexity and creativity; judgement and decision making; influence (or seniority); communication; mental judgement; and physical environment. The Government also indicates that the Civil Service Remuneration Structure is based on the Civil Service Job Grading Structure and therefore is free from gender bias. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee welcomes the adoption of the Malawi Public Service Management Policy 2018–22 as it refers both to the GEA which prohibits discrimination based on sex and to the Employment Act of 2000 which provides for “equal remuneration for work of equal value without distinction or discrimination of any kind, in particular on the basis of … sex” (section 6(1)). The Committee notes that the Policy states that “the public service also lacks a harmonized pay structure, which means that officers of similar qualifications and experience are remunerated differently, depending on the public agency that they work for” and the “[b]enefits in the public service are also perceived to be inequitably distributed”. It further affirms that the Government undertakes to “[h]amonise conditions of service and the pay structure across the public service and comprehensively review them every five years”. The Committee is of the view that a harmonized pay structure in the public service would help close the gender pay gap as women often tend to be employed in lower-paying agencies, jobs or occupations and to have a limited access to additional benefits related to employment. In this respect, the Committee recalls that “the establishment of centralized minimum standards, narrow pay dispersion and transparency of pay and promotion structures have been identified as factors that could address the pay structure differences and help reduce the gender pay gap (see General Survey on the fundamental Conventions, 2012, paragraph 712). The Committee asks the Government to provide information on the implementation of the Malawi Public Service Management Policy 2018–22 with respect to equal remuneration for men and women public servants for work of equal value, including specific information on the process of harmonization of the pay structure across the public and the results achieved.

Occupational gender segregation. With respect to that point, as an underlying cause of pay disparities, the Committee notes the Government’s indication that despite efforts to encourage women to apply for jobs in male dominated fields (such as engineering) and men to join female dominated professions (such as nursing), the trend of having male and female dominated fields still continues in the public service, in particular in terms of representation in decision-making positions (in grade A, there are 25 per cent of women – that is, only one – and in grade B, 10 per cent). The Government adds that this is mainly due to the fact that men have higher educational and professional qualifications than women. With reference to its comments on the promotion of gender equality in the public service under Convention No. 111, the Committee welcomes the measures taken by the Government in this respect, such as the requirement to nominate at least one woman out of three recommendations for presidential appointment, the establishment of a Gender Coordinating Unit in the Department of Human Resource Management and Development, the conduct of annual gender audits, and the implementation of Leadership Development Programmes targeting men and women public servants at different grades. Recalling the importance of addressing equal remuneration between men and women in the context of a more general policy to promote gender equality and address discrimination based on sex, the Committee asks the Government to continue to take initiatives, such as increased training opportunities, to promote the access of women to higher level positions and promote gender equality throughout the public service at all levels and in all occupations. The Committee also asks the Government to continue to provide statistics on the representation of women in decision making positions (grades A to F).

Private sector. Recalling that the Employment Act of 2000 provides for equal remuneration for work of equal value without any discrimination, in particular based on sex, and noting the lack of information in this respect regarding the private sector, the Committee asks the Government to provide specific information on the steps taken to promote the application in practice of this principle specifically in the private sector and the use of objective job evaluation methods.

Enforcement and awareness-raising. The Committee recalls that the Human Rights Commission (MHRC) is responsible for the enforcement of the GEA, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1)). It notes the Government’s general indication that no complaint has been registered with this institution as regards discrimination based on sex with respect to remuneration. The Government also indicates that no court of law or other tribunals have given decisions involving issues relating to the principle of the Convention. The Committee notes that members of the judiciary were trained on the GEA and that the Government is planning the implementation of awareness-raising and sensitization programs by the MHRC on the provisions of the GEA and in relation to the provision on equal remuneration for work of equal value of the Employment Act among all sectors of the country, including labour inspection and agriculture extension workers. Recalling the importance of raising awareness of the relevant legislation, in cooperation with workers’ and employers’ organizations, to enhance the capacity of employers and workers as well as the competent authorities, including judges, labour inspectors and other public officials, to identify and address cases of discrimination and unequal pay, the Committee asks the Government to focus its efforts of training and awareness-raising more specifically on the principle of equal remuneration for work of equal value. The Committee also asks the Government to ensure that access to appropriate procedures and remedies is effective, and to continue to provide information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the MHRC regarding discrimination based on sex with respect to remuneration.

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 2 of the Convention. Application of the principle. The Committee recalls the importance of addressing equal remuneration in the context of a more general policy to promote gender equality and address discrimination based on sex. The Committee notes the adoption of the Gender Equality Act of 2013 which prohibits discrimination on the basis of sex, aims to promote gender equality and provides for public awareness raising on gender equality and a specific role for the Human Rights Commission. The Committee asks the Government to provide information on the practical application of the Gender Equality Act of 2013, including any activity undertaken by the Human Rights Commission, and its impact on the application of the principle of equal remuneration for men and women for work of equal value as set out in the Employment Act.

Application of the principle in rural areas and the informal economy. The Committee notes that with respect to its previous comments regarding wage disparities between men and women in the rural areas, the Government in its report merely repeats previous statements that the statutory minimum wage applies to both rural and urban areas. The Committee encourages the Government to collect data on the incidence and causes of the gender pay gap in the agricultural sector with a view to determining the extent and nature of wage disparities in the sector, and to provide information on any steps taken in relation thereto. It also asks the Government to provide information on any awareness-raising activities on the principle of equal remuneration for men and women for work of equal value carried out in the agricultural sector. In light of the Government’s previous indication that the Charter on Gender would enable women to move from the informal to the formal economy, the Committee also asks the Government to provide information on the specific measures taken in this regard and their impact on applying the principle of the Convention.

Article 3 of the Convention. Objective job evaluation. The Committee recalls its previous comments requesting information on objective job evaluation methods. The Committee recalls that Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities, and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 675). It further recalls that given the persistent occupational segregation, ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration. In light of the absence of a response to the Committee’s previous comments on this matter, the Committee again asks the Government to provide specific information on the steps taken to promote the adoption of objective job evaluation methods.

Parts III and IV of the report form. Enforcement. The Government indicates that a training programme for judges and labour inspectors on gender and equal remuneration will take place in 2014. The Government also states that there have been no cases before the courts or tribunals related to the principle of the Convention. The Committee further notes that the Human Rights Commission is responsible for the enforcement of the Gender Equality Act of 2013, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1) and (2)). The Committee asks the Government to provide specific information on the training conducted for labour inspectors, agricultural extension officers and judges. The Committee also asks the Government to provide detailed information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the Human Rights Commission regarding discrimination based on sex with respect to remuneration.

Part V. Statistics. The Committee recalls that for a number of years, it has been requesting that the Government compile, analyse, and provide statistical data on the remuneration of women and men. The Committee notes the Government’s indication that, in the public sector, the Department of Human Resource Management and Development collects data for use in recruiting, promotions, training, determination of salaries and remuneration. The Committee further notes that the Gender Equality Act of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women, the Committee once again urges the Government to provide statistical data, including those collected by the Department of Human Resource Management and Development, on the earning levels of women and men in urban and rural areas, disaggregated by sector and occupation. The Committee also asks the Government to provide information on any regulations issued and on their implementation, or other steps taken to collect and analyse, in the framework of the Gender Equality Act of 2013, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 2 of the Convention. Application of the principle in the public service. Since 2005, the Committee has been raising concerns regarding male and female denominations in the civil service job grading and salary structure. The Committee notes the Government’s indication that the grading system is determined by the Department of Human Resource Management and Development and does not involve gender-based denominations. The Committee notes, however, that no information is provided on the manner in which this grading system is established. The Committee again asks the Government to provide information describing the various levels of the civil service grading system and salary structure, as determined by the Department of Human Resource Management and Development, and to indicate specifically how it is ensured that the structure is free from gender bias and ensures the application to public servants of the principle of equal remuneration for men and women for work of equal value.

In its previous comments, the Committee raised concerns that occupational gender segregation in the civil service might result in remuneration gaps between men and women, and noted the low percentage of women holding managerial positions. In this regard, it noted the Government’s indication that some efforts were being made to retain women in the public service and promote their longer-term employment, and that a study was being undertaken on women in the public sector with a view to elaborating a Charter on Gender. The Committee notes the Government’s indication that a Gender Audit on gender disparities in managerial positions in the civil service has been initiated and that the National Gender Policy and the Gender Equality and Women Empowerment programme seek to address inequalities between men and women in the public and private sectors. The Committee asks the Government to provide information on the results of the Gender Audit on disparities between men and women in public service managerial positions and the action taken on these results. The Committee also asks the Government to indicate any specific measures taken or envisaged in the framework of the Charter on Gender, the National Gender Policy and the Gender Equality and Women Empowerment programme to promote greater access of women to higher-level and higher-paid positions and to ensure that men and women receive equal remuneration for work of equal value.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Application of the principle. The Committee recalls the importance of addressing equal remuneration in the context of a more general policy to promote gender equality and address discrimination based on sex. The Committee notes the adoption of the Gender Equality Act of 2013 which prohibits discrimination on the basis of sex, aims to promote gender equality and provides for public awareness raising on gender equality and a specific role for the Human Rights Commission. The Committee asks the Government to provide information on the practical application of the Gender Equality Act of 2013, including any activity undertaken by the Human Rights Commission, and its impact on the application of the principle of equal remuneration for men and women for work of equal value as set out in the Employment Act.

Application of the principle in rural areas and the informal economy. The Committee notes that with respect to its previous comments regarding wage disparities between men and women in the rural areas, the Government in its report merely repeats previous statements that the statutory minimum wage applies to both rural and urban areas. The Committee encourages the Government to collect data on the incidence and causes of the gender pay gap in the agricultural sector with a view to determining the extent and nature of wage disparities in the sector, and to provide information on any steps taken in relation thereto. It also asks the Government to provide information on any awareness-raising activities on the principle of equal remuneration for men and women for work of equal value carried out in the agricultural sector. In light of the Government’s previous indication that the Charter on Gender would enable women to move from the informal to the formal economy, the Committee also asks the Government to provide information on the specific measures taken in this regard and their impact on applying the principle of the Convention.

Article 3 of the Convention. Objective job evaluation. The Committee recalls its previous comments requesting information on objective job evaluation methods. The Committee recalls that Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities, and working conditions (see General Survey on the fundamental Conventions, 2012, paragraph 675). It further recalls that given the persistent occupational segregation, ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration. In light of the absence of a response to the Committee’s previous comments on this matter, the Committee again asks the Government to provide specific information on the steps taken to promote the adoption of objective job evaluation methods.

Parts III and IV of the report form. Enforcement. The Government indicates that a training programme for judges and labour inspectors on gender and equal remuneration will take place in 2014. The Government also states that there have been no cases before the courts or tribunals related to the principle of the Convention. The Committee further notes that the Human Rights Commission is responsible for the enforcement of the Gender Equality Act of 2013, and has a duty to monitor and assess Government policies and practices on gender equality (section 9(1) and (2)). The Committee asks the Government to provide specific information on the training conducted for labour inspectors, agricultural extension officers and judges. The Committee also asks the Government to provide detailed information on any cases of violation reported to, or detected by, the labour inspectors, and any related judicial decisions regarding the equal pay provisions in the Employment Act, as well as any cases addressed by the Human Rights Commission regarding discrimination based on sex with respect to remuneration.

Part V. Statistics. The Committee recalls that for a number of years, it has been requesting that the Government compile, analyse, and provide statistical data on the remuneration of women and men. The Committee notes the Government’s indication that, in the public sector, the Department of Human Resource Management and Development collects data for use in recruiting, promotions, training, determination of salaries and remuneration. The Committee further notes that the Gender Equality Act of 2013 in section 23(1)(d) provides for the adoption of ministerial regulations for “the collection of data on incidences and causes of discrimination on account of gender for the purposes of policy reform and programming”. Recalling the importance of statistics to address fully the persisting remuneration gap between men and women, the Committee once again urges the Government to provide statistical data, including those collected by the Department of Human Resource Management and Development, on the earning levels of women and men in urban and rural areas, disaggregated by sector and occupation. The Committee also asks the Government to provide information on any regulations issued and on their implementation, or other steps taken to collect and analyse, in the framework of the Gender Equality Act of 2013, any statistical data on the nature, extent and causes of inequalities in remuneration between men and women.

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

Article 2 of the Convention. Application of the principle in the public service. Since 2005, the Committee has been raising concerns regarding male and female denominations in the civil service job grading and salary structure. The Committee notes the Government’s indication that the grading system is determined by the Department of Human Resource Management and Development and does not involve gender-based denominations. The Committee notes, however, that no information is provided on the manner in which this grading system is established. The Committee again asks the Government to provide information describing the various levels of the civil service grading system and salary structure, as determined by the Department of Human Resource Management and Development, and to indicate specifically how it is ensured that the structure is free from gender bias and ensures the application to public servants of the principle of equal remuneration for men and women for work of equal value.

In its previous comments, the Committee raised concerns that occupational gender segregation in the civil service might result in remuneration gaps between men and women, and noted the low percentage of women holding managerial positions. In this regard, it noted the Government’s indication that some efforts were being made to retain women in the public service and promote their longer-term employment, and that a study was being undertaken on women in the public sector with a view to elaborating a Charter on Gender. The Committee notes the Government’s indication that a Gender Audit on gender disparities in managerial positions in the civil service has been initiated and that the National Gender Policy and the Gender Equality and Women Empowerment programme seek to address inequalities between men and women in the public and private sectors. The Committee asks the Government to provide information on the results of the Gender Audit on disparities between men and women in public service managerial positions and the action taken on these results. The Committee also asks the Government to indicate any specific measures taken or envisaged in the framework of the Charter on Gender, the National Gender Policy and the Gender Equality and Women Empowerment programme to promote greater access of women to higher-level and higher-paid positions and to ensure that men and women receive equal remuneration for work of equal value.

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

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

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

Repetition

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there are open job appraisals being implemented and monitored. Recalling the importance of determining whether jobs are of equal value through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee asks the Government to provide specific information on the steps taken to promote the adoption of objective job evaluation methods.

Parts III and IV of the report form. Enforcement. The Committee notes that there have been no cases before the courts or tribunals related to the principle of the Convention. The Committee also notes the Government’s indication that sensitization and awareness-raising activities on equal pay are being intensified. The Government also indicates that training has been organized for labour inspectors on inspection and prosecution for violation. The Committee asks the Government to provide specific information on the training provided for labour inspectors and judges, as well as with respect to the awareness raising activities. The Committee also asks the Government to provide detailed information on any cases of violation reported to or detected by the labour inspectors, and any related judicial decisions.

Part V. Statistics. Noting that once again no statistical information has been provided by the Government, and recalling that such information is needed to enable an adequate assessment of the nature, extent and evolution of the remuneration gap between men and women, the Committee urges the Government to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Application of the principle in the public service. The Committee has been raising concerns for a number of years regarding the male and female denominations in the civil service job grading and salary structure. The Committee recalls that such terminology reinforces stereotypes as to whether certain jobs should be performed by men or women, and may therefore result in the undervaluing of those jobs with a typically female denomination. The Committee notes with regret that the Government’s report once again does not address this issue. The Government merely states that remuneration is determined in accordance with grades irrespective of gender, without referring to how the grades themselves are determined. The Government also indicates generally that it would ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of different nature but which are, nonetheless, of equal value. The Committee urges the Government to take concrete steps to ensure that gender-neutral terminology is used in the civil service grading system and salary structure, and to provide information in this regard. The Committee asks the Government to indicate how it is ensured that the grading structure in the public service is free from gender bias, and to provide specific information on the measures taken or envisaged to ensure that men and women receive equal remuneration for work for equal value when performing jobs of a different nature which are nonetheless of equal value.

In its previous comments, the Committee noted the low percentage of women holding managerial posts in the public service, and asked the Government to provide information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. The Committee notes the Government’s indication that a baseline survey on women in the public sector, the formal sector and the informal sector is being undertaken, which is intended to result in the elaboration of a Charter on Gender, which would enable women to “understudy” women in decision-making positions to prepare them for higher level positions. The Committee asks the Government to provide information on the elaboration of the Charter on Gender, in particular with respect to the measures envisaged to promote greater access of women to higher level positions, and on any other action taken in this regard.

Application of the principle in rural areas and the informal economy. In response to its previous comments regarding the wage disparities between men and women in rural areas, the Committee notes the Government’s indication that sensitization and awareness-raising activities on equal pay are being intensified, and that training targeting the agricultural sector has been organized for labour inspectors and agricultural extension officers. The Committee asks the Government to provide detailed information on the contents and results of the awareness-raising activities on the principle of equal remuneration for men and women for work of equal value in the agricultural sector. The Committee also asks the Government to provide information on the training for labour inspectors and agricultural extension officers, as well as details of any case of violation detected by the inspectors and officers relevant to the principle of the Convention. Please also provide information, as previously requested by the Committee, on the measures adopted to facilitate the reconciliation of work and family responsibilities and the equal sharing of family responsibilities, including between men and women rural workers. Noting the Government’s indication that the Charter on Gender will enable women to move from the informal to the formal economy, the Committee asks the Government to provide information on the specific measures taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 3. Objective job evaluation. The Committee notes the Government’s indication that there are open job appraisals being implemented and monitored. Recalling the importance of determining whether jobs are of equal value through an examination of the respective tasks involved, on the basis of entirely objective and non-discriminatory criteria, the Committee asks the Government to provide specific information on the steps taken to promote the adoption of objective job evaluation methods.

Parts III and IV of the report form. Enforcement. The Committee notes that there have been no cases before the courts or tribunals related to the principle of the Convention. The Committee also notes the Government’s indication that sensitization and awareness-raising activities on equal pay are being intensified. The Government also indicates that training has been organized for labour inspectors on inspection and prosecution for violation. The Committee asks the Government to provide specific information on the training provided for labour inspectors and judges, as well as with respect to the awareness raising activities. The Committee also asks the Government to provide detailed information on any cases of violation reported to or detected by the labour inspectors, and any related judicial decisions.

Part V. Statistics. Noting that once again no statistical information has been provided by the Government, and recalling that such information is needed to enable an adequate assessment of the nature, extent and evolution of the remuneration gap between men and women, the Committee urges the Government to compile and analyse statistical data on the earning levels of women and men, in both the public and private sectors, disaggregated by sector and occupation.

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

Application of the principle in the public service. The Committee has been raising concerns for a number of years regarding the male and female denominations in the civil service job grading and salary structure. The Committee recalls that such terminology reinforces stereotypes as to whether certain jobs should be performed by men or women, and may therefore result in the undervaluing of those jobs with a typically female denomination. The Committee notes with regret that the Government’s report once again does not address this issue. The Government merely states that remuneration is determined in accordance with grades irrespective of gender, without referring to how the grades themselves are determined. The Government also indicates generally that it would ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of different nature but which are, nonetheless, of equal value. The Committee urges the Government to take concrete steps to ensure that gender-neutral terminology is used in the civil service grading system and salary structure, and to provide information in this regard. The Committee asks the Government to indicate how it is ensured that the grading structure in the public service is free from gender bias, and to provide specific information on the measures taken or envisaged to ensure that men and women receive equal remuneration for work for equal value when performing jobs of a different nature which are nonetheless of equal value.

In its previous comments, the Committee noted the low percentage of women holding managerial posts in the public service, and asked the Government to provide information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. The Committee notes the Government’s indication that a baseline survey on women in the public sector, the formal sector and the informal sector is being undertaken, which is intended to result in the elaboration of a Charter on Gender, which would enable women to “understudy” women in decision-making positions to prepare them for higher level positions. The Committee asks the Government to provide information on the elaboration of the Charter on Gender, in particular with respect to the measures envisaged to promote greater access of women to higher level positions, and on any other action taken in this regard.

Application of the principle in rural areas and the informal economy. In response to its previous comments regarding the wage disparities between men and women in rural areas, the Committee notes the Government’s indication that sensitization and awareness-raising activities on equal pay are being intensified, and that training targeting the agricultural sector has been organized for labour inspectors and agricultural extension officers. The Committee asks the Government to provide detailed information on the contents and results of the awareness-raising activities on the principle of equal remuneration for men and women for work of equal value in the agricultural sector. The Committee also asks the Government to provide information on the training for labour inspectors and agricultural extension officers, as well as details of any case of violation detected by the inspectors and officers relevant to the principle of the Convention. Please also provide information, as previously requested by the Committee, on the measures adopted to facilitate the reconciliation of work and family responsibilities and the equal sharing of family responsibilities, including between men and women rural workers. Noting the Government’s indication that the Charter on Gender will enable women to move from the informal to the formal economy, the Committee asks the Government to provide information on the specific measures taken in this regard.

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

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

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

Article 2 of the Convention. Application of the principle in the public service. Referring to its previous direct request, the Committee again asks the Government to supply information on the measures taken or envisaged to rectify any female and male job denominations in the civil service grading structure.

Article 3. Objective job evaluation. The Committee recalls its previous comments underscoring the critical role of objective job evaluation methods in the elimination of pay differentials between men and women. The Committee notes the Government’s willingness to follow the indications provided by the Committee and its wish to receive technical assistance from the Office in this regard. The Committee hopes that the Government will be able to avail itself of the technical assistance of the Office in the near future and encourages it, in the meantime, to take steps towards promoting the adoption of objective job-evaluation methods in line with its 2006 general observation.

Parts III and IV of the report form. The Committee notes from the Government’s report that no judicial decisions have been rendered in respect of the application of the Convention, nor is any information available concerning relevant violations detected by the labour inspection services. The Committee asks the Government to take adequate measures to foster public understanding of the principle of equal remuneration for work of equal value, to provide both judges and labour inspectors with the necessary training on questions related to the application of this principle and to raise awareness among workers of the remedies available in case of its violation. The Committee also reiterates its request for information on any relevant decisions of the Ombudsperson and Human Rights Commission.

Part V. General appreciation of the application of the Convention. With regard to its previous request for statistical information on the gender wage gap and information on the impact of the measures taken under the national gender equality policy on the promotion of equal remuneration as well as on the impact of the various initiatives carried out in respect of rural women workers regarding access to soft loans, the Committee notes the Government’s indication of the difficulties encountered in gathering the information requested. The Committee notes the wish expressed by the Government that the Office provide technical assistance to help it in fulfilling these tasks. The Committee also notes the Government’s willingness to receive a mission from the Office to help the Government address the outstanding issues regarding the application of the Convention in a durable manner. While aware of the difficulties encountered by the Government, the Committee encourages it to take adequate steps to monitor the implementation and the results of the abovementioned initiatives, including the measures taken under the national gender equality policy, as this represents a crucial means of assessing the progress made in the application of the Convention. The Committee also encourages the Government to make every effort to collect statistical data on the earnings levels of women and men, disaggregated by sector and occupation, with a view to gaining an adequate appreciation of the nature, extent and causes of the existing pay differentials between men and women and designing measures to address them accordingly. The Committee hopes that the Government will receive the necessary assistance from the Office.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Application of the principle in the civil service. The Committee recalls its previous observation pointing out that the current occupational segregation of women in the civil service may result in remuneration gaps between men and women, and that the collection of statistical data on the distribution of men and women in the various grades of the public service and on their corresponding salary levels is crucial both in order to evaluate the nature, extent and causes of gender pay differentials and to assess the application of the Convention. The Committee notes the Government’s statement that no gender wage gap exists in the civil service since the same “remuneration package” is applied to women and men. The Committee also notes the Government’s acknowledgement that few women hold managerial positions as their short-lived employment prevents them from progressing in the job hierarchy. The Committee further notes the Government’s indication that efforts are being made to promote women’s longer term employment and to enable them to gain access to the educational careers and jobs which have traditionally been predominantly held by men. Moreover, the Committee notes that the statistical information requested will be provided as soon as it becomes available. Referring to its 2006 general observation on the Convention, the Committee asks the Government to ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of a different nature but which are, nonetheless, of equal value. The Committee also asks the Government to provide more complete information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. It also requests information on the measures taken to promote women’s access to a wider range of educational and job opportunities, including information on the impact of such measures on the application of the principle of the Convention.

Wage disparities between men and women in rural areas. Further to its previous observation, regarding the discrimination faced by women in rural areas, the Committee notes from the Government’s report that the minimum wage established in the country following consultations with the social partners applies to all economic sectors, including agriculture. The Committee also notes the Government’s indication that awareness-raising campaigns on the principle of the Convention and strengthened inspection are needed and that, in the districts where discrimination cases have been reported, labour inspection has already been intensified. With regard to the promotion of measures aimed at facilitating the reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women rural workers, the Committee notes the Government’s statement that gender roles are deeply rooted in the cultural texture of society and they can only be changed in the long run with the involvement of all stakeholders. The Committee encourages the Government to promote, in cooperation with the social partners, the adoption of adequate measures to assist rural women to reconcile their work and family responsibilities and to have a more equitable sharing of family responsibilities between men and women workers. The Committee also asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspection services with respect to the application of the principle of the Convention to the agricultural sector, including the supply of specific training, as well as information on any violations detected and the remedies provided or the sanctions imposed in this regard. Please also provide information on the sensitization and awareness-raising campaigns carried out with regard to men’s and women’s right to equal remuneration for work of equal value in the rural areas.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Article 2 of the Convention. Application of the principle in the public service. Referring to its previous direct request, the Committee again asks the Government to supply information on the measures taken or envisaged to rectify any female and male job denominations in the civil service grading structure.

Article 3. Objective job evaluation. The Committee recalls its previous comments underscoring the critical role of objective job evaluation methods in the elimination of pay differentials between men and women. The Committee notes the Government’s willingness to follow the indications provided by the Committee and its wish to receive technical assistance from the Office in this regard. The Committee hopes that the Government will be able to avail itself of the technical assistance of the Office in the near future and encourages it, in the meantime, to take steps towards promoting the adoption of objective job-evaluation methods in line with its 2006 general observation.

Parts III and IV of the report form. The Committee notes from the Government’s report that no judicial decisions have been rendered in respect of the application of the Convention, nor is any information available concerning relevant violations detected by the labour inspection services. The Committee asks the Government to take adequate measures to foster public understanding of the principle of equal remuneration for work of equal value, to provide both judges and labour inspectors with the necessary training on questions related to the application of this principle and to raise awareness among workers of the remedies available in case of its violation. The Committee also reiterates its request for information on any relevant decisions of the Ombudsperson and Human Rights Commission.

Part V. General appreciation of the application of the Convention. With regard to its previous request for statistical information on the gender wage gap and information on the impact of the measures taken under the national gender equality policy on the promotion of equal remuneration as well as on the impact of the various initiatives carried out in respect of rural women workers regarding access to soft loans, the Committee notes the Government’s indication of the difficulties encountered in gathering the information requested. The Committee notes the wish expressed by the Government that the Office provide technical assistance to help it in fulfilling these tasks. The Committee also notes the Government’s willingness to receive a mission from the Office to help the Government address the outstanding issues regarding the application of the Convention in a durable manner. While aware of the difficulties encountered by the Government, the Committee encourages it to take adequate steps to monitor the implementation and the results of the abovementioned initiatives, including the measures taken under the national gender equality policy, as this represents a crucial means of assessing the progress made in the application of the Convention. The Committee also encourages the Government to make every effort to collect statistical data on the earnings levels of women and men, disaggregated by sector and occupation, with a view to gaining an adequate appreciation of the nature, extent and causes of the existing pay differentials between men and women and designing measures to address them accordingly. The Committee hopes that the Government will receive the necessary assistance from the Office.

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

Application of the principle in the civil service. The Committee recalls its previous observation pointing out that the current occupational segregation of women in the civil service may result in remuneration gaps between men and women, and that the collection of statistical data on the distribution of men and women in the various grades of the public service and on their corresponding salary levels is crucial both in order to evaluate the nature, extent and causes of gender pay differentials and to assess the application of the Convention. The Committee notes the Government’s statement that no gender wage gap exists in the civil service since the same “remuneration package” is applied to women and men. The Committee also notes the Government’s acknowledgement that few women hold managerial positions as their short-lived employment prevents them from progressing in the job hierarchy. The Committee further notes the Government’s indication that efforts are currently being made to promote women’s longer term employment and to enable them to gain access to the educational careers and jobs which have traditionally been predominantly held by men. Moreover, the Committee notes that the statistical information requested will be provided as soon as it becomes available. Referring to its 2006 general observation on the Convention, the Committee asks the Government to ensure that equal remuneration is recognized not only for women and men performing the same job, but also for men and women performing jobs of a different nature but which are, nonetheless, of equal value. The Committee also asks the Government to provide more complete information on the measures taken or envisaged to retain women in the public service with a view to encouraging their advancement towards decision-making positions. It also requests information on the measures taken to promote women’s access to a wider range of educational and job opportunities, including information on the impact of such measures on the application of the principle of the Convention.

Wage disparities between men and women in rural areas. Further to its previous observation on the communication submitted by the International Confederation of Free Trade Unions (ICFTU), now the International Trade Union Confederation (ITUC), regarding the discrimination faced by women in rural areas, the Committee notes from the Government’s report that the minimum wage established in the country following consultations with the social partners applies to all economic sectors, including agriculture. The Committee also notes the Government’s indication that awareness-raising campaigns on the principle of the Convention and strengthened inspection are needed and that, in the districts where discrimination cases have been reported, labour inspection has already been intensified. With regard to the promotion of measures aimed at facilitating the reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women rural workers, the Committee notes the Government’s statement that gender roles are deeply rooted in the cultural texture of society and they can only be changed in the long run with the involvement of all stakeholders. The Committee encourages the Government to promote, in cooperation with the social partners, the adoption of adequate measures to assist rural women to reconcile their work and family responsibilities and to have a more equitable sharing of family responsibilities between men and women workers. The Committee also asks the Government to provide information on the measures taken or envisaged to strengthen the labour inspection services with respect to the application of the principle of the Convention to the agricultural sector, including the supply of specific training, as well as information on any violations detected and the remedies provided or the sanctions imposed in this regard. Please also provide information on the sensitization and awareness-raising campaigns carried out with regard to men’s and women’s right to equal remuneration for work of equal value in the rural areas.

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

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

The Committee notes that the Government’s report contains no reply to 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:

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as “enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman”. The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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

The Committee notes that the Government’s report contains no reply to its previous comments. It is therefore bound to repeat its previous observation, which read as follows:

1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consists of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above, which, under the new system, correspond to grades “E” to “A”. Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)   to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)    to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU), now International Trade Union Confederation (ITUC), concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)   to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)    to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)    to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

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

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as “enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman”. The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consist of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above which, under the new system, correspond to grades “E” to “A”. Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)   to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)    to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU) concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)   to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)    to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)    to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the comments submitted by the Malawi Congress of Trade Unions (MCTU), dated 26 December 2004 and the Government’s reply received on 14 October 2005.

1. Article 2 of the Convention. Application of the principle in the public service. Further to its observation, the Committee notes that certain job categories in the new civil service job grades and salary structure have typically female or male denominations such as "enrolled nurse/midwife, draftsman, chainman, handyman, seaman, houseman, nurseryman, patrolman, herdsman". The Committee draws the attention of the Government to the fact that gender differences in remuneration often occur as a result of occupational grading systems containing male or female job denominations which may have the effect of overvaluing or undervaluing certain jobs performed by men or women. It asks the Government to indicate the manner in which it is ensuring that both men and women can access all occupations in the civil service at all levels and on the measures taken or envisaged to rectify any female and male job denominations in its grading structure. Noting also the statement by the MCTU that it has never been consulted on the implications of the new salary structure, the Committee reminds the Government of the need to seek the cooperation of the social partners to promote the principle of the Convention.

2. Article 3. Objective job evaluation. With respect to its previous comments concerning objective job evaluations carried out through collective agreements, the Committee notes the Government’s indication that each organization does its own job appraisal on the basis of the work to be performed. The Committee wishes to point out that the reference in Article 3 of the Convention to the objective appraisal of jobs is different from the concept of the performance appraisal of the individual employee. The objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure objectively the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women (see paragraphs 138, 139, 141 and 152 of the General Survey of 1986 on equal remuneration). The Committee therefore hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Part III of the report form. Enforcement. With reference to its previous comments concerning the manner in which alleged cases of wage discrimination and wage arrears to workers have been settled, the Committee notes the Government’s statement that wage disparities between men and women have been rectified through labour inspections where they existed. The Government also states that the courts have handled no cases because employers settled the wage arrears immediately after the labour inspectorate had raised them. The Committee must reiterate its request to the Government to provide information on the number and nature of the cases raised by the labour inspection services and in which employers have paid arrears to workers. Please also provide information on any judicial or administrative decisions, including by the Ombudsperson and Human Rights Commission, on cases of alleged wage discrimination, and the methods used by the labour inspection services to ensure the application of the principle of the Convention.

4. Part V of the report form. Practical application. The Committee notes the information provided by the Government that it encourages the social partners to apply the principle of equal remuneration by involving them in all the discussions pertaining to workers regarding labour laws and that, thanks to their interventions, no wage disparities occur. The Committee recalls the need for analysing the position and pay of men and women in all job categories in order to permit an evaluation of the remuneration gap that may exist between men and women workers. It refers in this regard to its 1998 general observation on this Convention and trusts that the Government will make every effort to provide the necessary statistical information that would enable the Committee to evaluate the progress made in the application of the Convention.

5. Further to its observation, the Committee notes the information provided by the Government regarding the economic empowerment of rural women and the soft loans provided to them by the National Association of Business Women (NABW) and the Foundation for International Community Assistance (FINCA), and in this respect also refers to its comments regarding Convention No. 111. In the absence of further information on this matter, it reiterates its request to the Government to provide information on how these initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially in rural areas.

6. The Committee reiterates its request to the Government to provide information on how the measures to facilitate women’s access to education and vocational training under the National Gender Policy have contributed to the reduction of pay disparities between men and women.

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

1. Application of the principle in the civil service. For a number of years, the Committee has been asking the Government to provide statistical information disaggregated by sex that would enable it to assess the application of the Convention in the civil service. The Committee notes that a new civil service job grades and salary structure came into effect in October 2004 which consist of 18 grades and salary scales, ranging from A (the highest) to R (the lowest). It also notes with some regret that the Government continues to provide its previous explanations that it is not possible to provide sex-disaggregated statistics on the civil service because salaries apply across the board and therefore apply equally to men and women. At the same time, the Government indicates that women occupy only 14.3 per cent of managerial positions in the civil service from grades S4/P4 and above which, under the new system, correspond to grades "E" to "A". Noting the low percentage of women holding managerial posts, the Committee points out once again that one of the causes of pay differentials between men and women is horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower positions without promotion opportunities. The Committee also points out that statistical information on the employment of women and men according to occupational groups, and their corresponding salary levels, is essential to allow an adequate evaluation of the nature, extent and causes of the pay differentials between men and women. It therefore asks the Government:

(a)  to provide information on the measures taken or envisaged to promote the principles of the Convention through policies aimed at labour market desegregation (e.g. promoting equal access of women to all occupations and economic sectors and to jobs with decision-making and management responsibilities), and their impact on reducing the remuneration gap between men and women; and

(b)  to provide statistical information, disaggregated by sex, on the participation of men and women in employment in all the different grades of the public service, and their corresponding salary levels.

2. Wage disparities between men and women in rural areas. The Committee draws the Government’s attention to its previous observation in which it had commented on the communication submitted by the International Confederation of Free Trade Unions (ICFTU) concerning the discrimination faced by rural women. It had also noted the Government’s indication that some wage disparities existed between men and women workers in rural areas and that in some cases employers were paying employees less than the recommended statutory minimum wage. In this regard, the Committee had referred to the need to take measures to inform employers and men and women in rural areas about the requirements of the Convention and the national legislation concerning equal pay. The Committee notes the Government’s statement that the labour inspectors have taken on this task and that there are no wage differences between men and women in rural areas. The Government further explains that Malawi has a two-tier minimum wage system which applies to all sectors but that no minimum wages have been set for the agricultural sector. Moreover, in most agricultural undertakings women prefer to work fewer hours than men because of family and household responsibilities.

3. The Committee reminds the Government that the minimum wage is a significant means of ensuring the application of the principle of equal remuneration for men and women for work of equal value. Furthermore, it wishes to emphasize the importance of promoting measures to facilitate reconciliation of work and family responsibilities and the equal sharing of family responsibilities between men and women in order to promote the application of the Convention. Accordingly, the Committee asks the Government:

(a)  to indicate whether it intends to establish a minimum wage for the agricultural sector or to adopt any other appropriate measures in order to ensure improved application of the principle of equal remuneration for work of equal value for men and women workers in this sector;

(b)  to indicate the measures taken or envisaged to assist rural women in reconciling their work and family responsibilities and to promote a more equitable sharing of family responsibilities between men and women workers; and

(c)  to provide statistical data, disaggregated by sex, on the number of men and women employed in agricultural undertakings, and their corresponding occupations, earning levels and hours of work, and to continue to keep the Committee informed of any wage disparities between men and women reported by the labour inspection services in remote rural areas, and the corrective action taken.

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

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

The Committee notes the information provided by the Government in its report.

1. The Committee notes the Government’s statement that rates of remuneration are determined, among others, by labour market forces using the principle of demand and supply. It also notes that, pursuant to section 54(3)(b), the Minister, in describing minimum wages, "shall, as far as possible, consider economic factors, including requirements of economic development, levels of productivity and any effect the wage may have on employment". The Committee asks the Government to provide statistics on minimum wage rates in the various sectors of activity and occupations as well as on the corresponding percentage of men and women employed in these sectors and occupations. Noting also that, pursuant to section 54, representative employers’ and workers’ organizations are involved in the setting of minimum wages, the Committee asks the Government to indicate the manner in which it encourages the social partners to apply equal remuneration for men and women workers for work of equal value in wages orders prescribing minimum wages.

2. With respect to the salaries and wages in the civil service, the Committee notes that the Government’s report again omits to provide the necessary statistics, disaggregated by sex. Referring to its previous comments on this point, the Committee asks the Government, once more, to provide these data with its next report.

3. The Committee notes from the Government’s report that employers who have been found to violate the principle of equal remuneration, agree to pay arrears to women workers who receive lower wages; therefore, such violations are never brought before a court of law or similar institutions. It would be grateful if the Government would provide information on the number and the nature of the cases in which employers have paid arrears to women workers, as well as information on any judicial and administrative decisions, including by the Ombudsperson and the Human Rights Commission, concerning cases of alleged wage discrimination, if the occasion occurs. Noting further that the Government’s report does not contain a reply to its previous request, the Committee asks the Government to provide information on the activities carried out and methods used by labour officers to ensure the application of the principle of equal remuneration for men and women workers for work of equal value.

4. Further to its observation, the Committee asks the Government to provide information on the results of the promotional measures to facilitate access of women to education and vocational training carried out under the National Gender Policy (2000-05), and to indicate how they contribute to the reduction of pay disparity between men and women workers.

5. Noting that through collective agreements, employers and organized workers can provide for ways and means for promoting an objective appraisal of jobs on the basis of the work to be performed, the Committee reiterates its request to the Government to provide information on job appraisals that have been carried out through such collective agreements as well as through any legally established or organized machinery for the determination of wages.

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

The Committee notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 6 February 2002. It also notes the Government’s reply of 13 May 2002 to the comments made by the ICFTU as well as the ICFTU’s further clarifications of 9 October 2002.

1. The Committee notes the comments made by the ICFTU that women in general continue to face discrimination in employment and that rural women farmers, who constitute the majority of the working poor, face discrimination in terms of access to productive resources. According to the ICFTU, women are under-represented in education and quality employment, including the more secure and higher paying administrative and managerial positions, of which only 5 per cent are held by women. Further to previous comments, the Committee also notes the Government’s statement that, until recently, employers in the agricultural sector in remote rural areas were taking advantage of the illiteracy and ignorance of the local people by paying female employees less than male employees and, in some cases, by paying all employees less than the recommended statutory minimum wage. It asks the Government to provide a copy of the minimum wage order adopted for the agricultural sector as well as information on the measures taken or envisaged to inform employers and rural men and women about the requirements of the Convention and of the national legislation concerning equal pay. Noting also that the labour inspection services are monitoring the implementation of the Employment Act of 2000 in the remote rural areas, the Committee asks the Government to keep it informed of any wage disparity between men and women reported by the labour inspection services in this sector and the corrective action taken.

2. Further to the above, the Committee notes the various initiatives listed by the Government to promote the employment of women, in particular the programmes to promote women’s participation in non-traditional occupations and in political and decision-making structures and the initiative to provide credit facilities to rural women. The Committee recalls that the elimination and reduction of wage inequalities between men and women requires a comprehensive approach involving societal, political and cultural and labour market interventions to promote equality of opportunity and equal treatment of men and women in employment and occupation, including in higher level administrative and managerial positions. It refers, in this regard, to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No.111), and asks the Government to indicate how the abovementioned initiatives have impacted on the promotion of equal remuneration for men and women for work of equal value, especially for rural women.

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

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

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

1. The Committee notes that the Employment Act, 2000, repeals the Regulation of Minimum Wages and Conditions of Employment Act (Cap. 55:01). It notes that, in accordance with section 54 of the Employment Act, minimum wages may, in consultation with the social partners, be adopted for any group of workers. The Committee asks the Government to provide information on whether any minimum wages have been adopted for any specific groups of workers, and particularly on whether minimum wages have been adopted for the agricultural industry, which would help to eradicate the wage disparities in the agricultural industry referred to in the Committee’s earlier comments and thus ensure the improved application of the principle of equal pay for men and women workers for work of equal value.

2. The Committee notes that under sections 8 20 of the Employment Act, 2000, the Labour Commissioner and labour officers shall ensure the implementation of the Act. It therefore asks the Government to provide information with its next report on the activities carried out and methods used by labour officers to ensure the application of the principle of equal remuneration for men and women workers for work of equal value. 

3. The Committee notes the information contained in the Revision of salaries and wages in the civil service of 13 October 2000. Since the pay scales do not make any distinction on the basis of sex, it points out once again that, in order to permit an adequate assessment of the promotion of the principle of equal remuneration for work of equal value in the public service, the Committee would need statistical data on the distribution of men and women in the public sector by earnings level and classified by occupation or occupational group, or level of education/qualification, seniority and age. The Committee therefore once again asks the Government to provide the above statistical data with its next report.

4. The Committee notes the National Gender Policy, 2000-05, adopted in March 2000 by the Ministry of Gender, Youth and Community Services. It notes the promotional measures envisaged to facilitate the access of women to education and vocational training. The Committee asks the Government to continue providing information on the promotional measures carried out in this field, and particularly on their results.

5. The Committee notes the Government’s statement that objective job appraisals are carried out in different ways, such as through collective agreements, legally established or organized machinery in the organizations and/or a combination of these various means. It asks the Government to provide copies with its next report of objective job appraisals that have been carried out.

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

The Committee notes with interest the adoption on 14 May 2000 of the Employment Act, No. 6 of 2000, which provides in section 6 that employers shall pay employees equal remuneration for work of equal value without any discrimination. Section 3 defines remuneration broadly as the wage or salary and any additional benefits, allowances or emoluments, in accordance with Article 1(a) of the Convention. The Committee also notes that, in the event of an alleged violation of the principle, the burden of proof is placed on the employer (section 6(2)).

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

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

The Committee notes the information contained in the Government's report as well as the additional statistical information provided by the Government.

1. In its previous comments, the Committee had noted with interest that the Employment Bill provides that every employer shall pay male and female employees equal remuneration for work of equal value and that the burden of proof lays on the employer in disputes relating to equal remuneration. The Committee notes the Government's statement that the Employment Bill has been approved by the Legal and Parliamentary Affairs Committee and will be tabled in Parliament in November 1999; and that a copy of the Bill, once adopted, will be sent to the ILO Office before the end of 1999. The Committee looks forward to receiving a copy of the legislation upon adoption.

2. Further to the above, the Committee notes from the Government's report that consultation on amending section 5(2) of the Wages (General) Order of 1965 (stipulating that an adult female who is employed to complete a task which is less than that given to an adult male should be paid in proportion, with the implied assumption that a woman's output will always be less than that of a man when she is assigned to the same work) is still awaiting the adoption of the Employment Bill. The Government indicates that these consultations, which are the responsibility of the Labour Advisory Board, will resume once the Bill has passed through Parliament. The Committee urges the Government to take the necessary measures to repeal or amend this provision in the Wages (General) Order to eliminate distinctions between men and women and to inform the Committee of any developments in this regard.

3. The Committee notes the Government's statement that a new civil service salary structure has been issued in July 1999 without discrimination of any kind, including sex-based discrimination. It also notes that, according to the Government, the principle of equal remuneration for work of equal value has already been achieved for the public sector. While noting that the new pay scales do not distinguish on the basis of sex, the Committee points out that in order to permit an adequate assessment of the promotion of the principle of equal remuneration for work of equal value in the public service, it would need, as a minimum, statistical data on the distribution of men and women in the public sector by earnings level classified by occupation or occupational group or level of education/qualification, seniority and age. The Committee notes that some of these data may have been covered in the 1995 census on the civil service which according to the Government has been sent to the ILO library. The Committee notes however that no such copy has been received and therefore requests the Government to send with its next report a copy of the 1995 civil service census as well as any other information, statistics and otherwise, which is currently available for the public service.

4. With regard to the application of the principle in the private sector, the Committee notes the Government's statement that in the agricultural industry disparities between men's and women's wages still exist. According to the Government, a 1996 study on food security in the estates sector in, among others, the Mangochi, Kasungu and Mulanje districts, indicated that women received only MWK180 per month while men received MWK250 per month for the same type of work. The Committee requests the Government to provide information on the measures taken or contemplated to eradicate these wage differences in the agricultural industry. It also requests the Government to provide information on any measures taken to promote the application of the principle in other areas of the private sector. In this connection it wishes to refer to its 1998 general observation on this Convention concerning the need for complete information to enable an adequate evaluation of the nature, extent and causes of the pay differentials between men and women and the progress achieved in implementing the principle of the Convention in the private sector. It also encourages the Government to make efforts to undertake the study, requested by the National Commission on Women in Development, into women's contribution to formal employment, and hopes this study would throw light on the general status of remuneration of men and women.

5. The Committee notes from a paper entitled "Management and Administration of Vocational Education and Training in Malawi" presented by the Ministry of Labour and Vocational Training (Mo&LVT) at the National Seminar on Labour Administration in February 1999, that although the educational system should cater for all persons regardless of race, creed, sex, age, economic status or disability, women and girls have not benefited adequately from educational programmes. The Mo&LVT indicates in its paper that female participation in the formal vocational training system in Malawi has been extremely low: between 1977 and 1998, only 248 female apprentices have been trained in vocational skills compared to 9,768 male apprentices. The Committee points out that pay differentials can often be ascribed to occupational segregation and productivity-related differences in human capital acquired through education and training. The Committee requests the Government to provide information on any action taken or proposed by the apprentices board to facilitate access by female apprentices to vocational training and education and to broaden the job horizons of women by offering them, for example, special training courses and encouraging them to consider a wider range of training and employment opportunities. Further, the Committee requests the Government to keep it informed of any developments with regard to the development of a policy document and strategy as well as a bill concerning the legal framework for a new Technical Entrepreneurial Vocational Education and Training (TEVET) policy and institutional structure, and to supply a copy of the policy document on TEVET as well as of the legislation, once adopted.

6. The Committee notes with interest the National Platform of Action (1997-2002) on the follow-up to the Fourth World Conference on Women as well as the draft National Gender Policy (September 1999) of the Ministry of Gender, Youth and Community Services. While welcoming the variety of strategies proposed in both documents to promote, in general, the educational and employment activities of women, the Committee observes that none of the documents includes specific recommendation concerning the promotion and application of the principle of equal remuneration for men and women workers for work of equal value. The Committee requests the Government to consider including in its National Gender Policy strategies to promote or ensure the application of the principle of the Convention in both the private and public sectors, and to supply a copy of the National Gender Policy upon adoption.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee thanks the Government for supplying a copy of the draft Employment Act. It notes with interest that section 5, paragraph 1, of the Act provides that every employer shall pay male and female employees equal remuneration for work of equal value and that paragraph 2 reverses the burden of proof on the employer in disputes relating to equal remuneration. It hopes that this legislation will be adopted in the near future and that a copy will be submitted to the Committee upon adoption. The Committee further notes that the Government's report has not been received. It hopes that a report will be submitted for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes from the Government's report that consultation on amending section 5(2) of the Wages (General) Order of 1965 (stipulating that an adult female who is employed to complete a task which is less than that given to an adult male should be paid in proportion, with the implied assumption that a woman's output will always be less than that of a man when she is assigned to the same work) continues to be delayed while awaiting the adoption of the new Employment Act, in connection with which the Government is receiving technical assistance from the Office. The Committee accordingly asks the Government to provide information on developments in the adoption of the new text, and to confirm that the subsequential amendments to the Wages (General) Order are effected once the principal text is in force.

2. With regard to its previous request for data on salary scales applicable in the public service, and for minimum wage rates and actual earnings disaggregated by sex, the Committee notes the Government's statement that it carried out in December 1995 a census of the civil service with a view to establishing the true gender profile of such staff. As the final report is not yet available, it undertakes to provide the required data on the civil service in its next report. The Committee looks forward to receiving, in the Government's next report, statistical data which will enable it to assess whether the principle of equal remuneration for work of equal value between men and women is being promoted in the public service.

3. With regard to the Committee's request for information on the study to have been carried out by the National Commission on Women in Development into women's contribution to formal employment, the Government repeats, as it did in previous reports, that the study has not yet been conducted due to lack of financing, although it considers such a study to be needed. The Committee notes that the Government intends to solicit funding using the auspices of the ILO, and encourages it to do so. The Committee would appreciate receiving, in future reports, copies of any research that would throw light on the general remuneration situation of men and women, both in the private and the public sectors.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes from the Government's report that consultation on amending section 5(2) of the Wages (General) Order of 1965 (stipulating that an adult female who is employed to complete a task which is less than that given to an adult male should be paid in proportion, with the implied assumption that a woman's output will always be less than that of a man when she is assigned to the same work) continues to be delayed while awaiting the adoption of the new Employment Act, in connection with which the Government is receiving technical assistance from the Office. The Committee accordingly asks the Government to provide information on developments in the adoption of the new text, and to confirm that the subsequential amendments to the Wages (General) Order are effected once the principal text is in force.

2. With regard to its previous request for data on salary scales applicable in the public service, and for minimum wage rates and actual earnings disaggregated by sex, the Committee notes the Government's statement that it carried out in December 1995 a census of the civil service with a view to establishing the true gender profile of such staff. As the final report is not yet available, it undertakes to provide the required data on the civil service in its next report. The Committee looks forward to receiving, in the Government's next report, statistical data which will enable it to assess whether the principle of equal remuneration for work of equal value between men and women is being promoted in the public service.

3. With regard to the Committee's request for information on the study to have been carried out by the National Commission on Women in Development into women's contribution to formal employment, the Government repeats, as it did in previous reports, that the study has not yet been conducted due to lack of financing, although it considers such a study to be needed. The Committee notes that the Government intends to solicit funding using the auspices of the ILO, and encourages it to do so. The Committee would appreciate receiving, in future reports, copies of any research that would throw light on the general remuneration situation of men and women, both in the private and the public sectors.

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

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

1. The Committee notes the information supplied in the Government's report according to which progress towards removing the potentially discriminatory reference to wages due to women workers from section 5(2) of the Wages (General) Order of 1965 has been delayed, due to the Government's intention to review the principal Act concerning labour using ILO technical assistance. The Committee notes with interest that the Office is currently providing such expertise in the revision of the Labour Relations Act, provisions of which are aimed at giving full effect to the principle of the Convention. The Committee accordingly asks the Government to inform it of developments in the adoption of the new text, and to confirm that the subsequential amendments to the Wages (General) Order are effected once the principal text is in force.

2. The Committee notes the Government's statement that it is currently unable to provide the data on salary scales applicable in the public service, minimum wage rates and actual earnings by gender due to the differences in the number and composition of civil service employees revealed in the records. The Government had accordingly decided to carry out a census of the civil service in May 1995, with a view to establishing the true figure for such staff. It undertakes to provide more reliable data on the civil service in its next report. The Committee welcomes this initiative and looks forward to receiving, in the Government's next report, statistical data which will enable it to assess whether the principle of equal remuneration for work of equal value is being promoted in the public service.

3. With regard to the Committee's request for information on the study to have been carried out by the National Commission on Women in Development into women's contribution to formal employment, the Government states that the study has not yet been conducted due to lack of financing. It is, however, still seeking possible donors for this study. The Committee recalls that it is interested in studies of this kind since difficulties in the application of the Convention are often linked to a lack of knowledge of the true situation of remuneration inequalities (paragraph 248 to its 1986 General Survey on equal remuneration). The Committee accordingly would appreciate receiving, in future reports, copies of such research that would throw light on the general remuneration situation of men and women, both in the private and the public sectors.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the explanations provided in the Government's report with regard to the role of labour inspection in supervising the application of the principle of equal remuneration, as well the example of the standard letter used by companies and organizations when submitting their terms and conditions of employment to the Ministry of Labour and Manpower for vetting.

1. The Committee notes the information supplied in the Government's report according to which progress towards removing the potentially discriminatory reference to wages due to women workers from section 5(2) of the Wages (General) Order of 1965 has been delayed, due to the Government's intention to review the principal Act concerning labour using ILO technical assistance. The Committee notes with interest that the Office is currently providing such expertise in the revision of the Labour Relations Act, provisions of which are aimed at giving full effect to the principle of the Convention. The Committee accordingly asks the Government to inform it of developments in the adoption of the new text, and to confirm that the subsequential amendments to the Wages (General) Order are effected once the principal text is in force.

2. The Committee notes the Government's statement that it is currently unable to provide the data on salary scales applicable in the public service, minimum wage rates and actual earnings by gender due to the differences in the number and composition of civil service employees revealed in the records. The Government had accordingly decided to carry out a census of the civil service in May 1995, with a view to establishing the true figure for such staff. It undertakes to provide more reliable data on the civil service in its next report. The Committee welcomes this initiative and looks forward to receiving, in the Government's next report, statistical data which will enable it to assess whether the principle of equal remuneration for work of equal value is being promoted in the public service.

3. With regard to the Committee's request for information on the study to have been carried out by the National Commission on Women in Development into women's contribution to formal employment, the Government states that the study has not yet been conducted due to lack of financing. It is, however, still seeking possible donors for this study. The Committee recalls that it is interested in studies of this kind since difficulties in the application of the Convention are often linked to a lack of knowledge of the true situation of remuneration inequalities (paragraph 248 to its 1986 General Survey on equal remuneration). The Committee accordingly would appreciate receiving, in future reports, copies of such research that would throw light on the general remuneration situation of men and women, both in the private and the public sectors.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matter raised in its previous direct request:

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

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

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

1. The Committee notes with interest that, according to the report, the Government is aware of the need to amend section 5(2) of the Wages (General) Order of 1965, on which is based section 3(b) of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco and Tea Members) of 1985, providing that an adult female who is employed to complete a task which is less than that of the task given to an adult male shall be paid in proportion. The Committee hopes that the Government will be in a position to indicate in its next report the measures which have been taken to abolish the reference to women workers in the provisions of the Wages (General) Order on which the Agreed Practices are based, and as a consequence to amend the above Practices when they are next revised.

2. The Committee notes the information concerning the structure of wages in two private enterprises. The Committee would be grateful if the Government would continue to supply this type of information (including the wage rates established by collective agreements) for enterprises or sectors in which a large number of women workers are employed, with an indication of the percentage of women covered by these agreements and the distribution of men and women employed at different levels. The Committee also requests the Government to supply in its next report: (i) the salary scales applicable in the public service, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum wage rates and average actual earnings of men and of women broken down, if possible, by occupation, branch of activity, seniority and level of qualification, as well as information on the corresponding percentage of women.

3. The Committee notes that the National Committee on Women in Development has identified the need for a study on the contribution of women to formal employment, with the prime aim of enhancing the proportion of women in formal employment and the application in practice of the principle of equal remuneration for work of equal value for all workers regardless of sex. The Committee requests the Government to supply information in its next report on the progress achieved in carrying out this study.

4. With regard to the role of labour inspection in supervising the application of the principle of equal remuneration referred to by the Government, the Committee notes that the Government's last report on the Labour Inspection Convention (No. 81) makes no reference to the application of the principle of equal remuneration. The Committee would be grateful if the Government would supply detailed information in its next report on the supervision carried out by labour inspectors in this respect, the results obtained and the measures taken to remedy cases in which the principle is not observed.

5. The Committee would also be grateful if the Government would supply with its next report the standard letter issued by the Ministry of Labour, as the supervisory body, which is referred to as being attached to the report, but which has not been received.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes the information provided by the Government in its report and, concerning in particular, clause 3(b) of the 1985 Agreed Practices on Wages and Terms and Conditions of Employment of the Agricultural Employers' Association (Tobacco and Tea Members) which stipulates that an adult female who is employed to complete a task which is less than that given to an adult male shall be paid in proportion.

While appreciating the Government's statement that the provisions reflect the custom of assigning fewer tasks to women (and young persons and children) than to men, but that male workers as well as females are required in practice to show proof of output to determine whether payment should be made in full or in proportion, the Committee is concerned that the implied assumption that a woman's output will always be less than that of a man when she is assigned the same work would lead to practices contrary to the Convention. The Committee therefore urges that consideration be given to removing at the earliest opportunity the reference to female workers from the provisions of the Wages (General) Order on which the Agreed Practices are based and that the Agreed Practices will also be modified accordingly when they are next revised.

The Committee requests the Government to continue to provide information concerning the measures being taken to implement the provisions of the Convention and, in particular, to furnish details of salary scales for particular industries which have been determined on the basis of an objective appraisal of jobs. Referring to its previous comments, the Committee would be grateful if the Government would provide information on any reports made to the Ministry of Labour which relate directly or indirectly to the application of the principle of equal remuneration. In this respect, the Committee requests the Government to provide information on any activities undertaken by the National Committee on Women's Employment which may be pertinent to the application of the Convention.

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

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

The Committee notes the information supplied by the Government in its report as well as the attached text of the Agreed Practices on Wages and Terms and Conditions of Employment (Tobacco Members and Tea Members) of January 1985 of the Agricultural Employers' Association.

1. The Committee notes that the above-mentioned Agreed Practices stipulates, in clause 3(b) respecting task workers, that, inter alia, an adult female who is employed to complete a task which is less than that given to an adult male is paid in proportion, while clause 3(a) prescribes the amount to be paid to an adult male task worker on completion of his task. While the differences in wage rates established under these provisions seem to relate to differences in the quantity of the work performed, the Committee notes that there is no provision on wage rates for an adult female worker who completes a task which is equivalent to that of an adult male. Moreover, the Committee pointed out in paragraph 54 of its 1986 General Survey on Equal Remuneration that a criterion such as output, while legitimate in itself, becomes unacceptable under the Convention if it results in only women workers being required to show proof of their output. The Committee recalls that the implementation of the principle of equal remuneration for men and women workers for work of equal value, as defined in Article 1(b) of the Convention, requires that rates of remuneration are to be established without discrimination based on sex. The Committee requests the Government to indicate whether the Agreed Practices was approved by the Government and to provide information on the measures taken, in conformity with Article 4 of the Convention, to co-operate with the employers' association concerned for the purpose of giving effect to the principle of the Convention with regard to task workers.

2. More generally, the Committee again requests the Government to provide information on any measures it has taken to encourage or ensure that wages above the statutory minimum, whether fixed by collective agreement or otherwise, are paid in accordance with the principle of the Convention.

3. The Committee notes the Government's statement that remunerations are linked to job evaluations, and requests the Government to supply with its next report more detailed information on measures taken to promote objective appraisal of jobs. (Please refer in this respect to the explanations given in paragraphs 21, 52 to 62, and 138 to 152 of the 1986 General Survey.)

4. The Committee further notes from the Government's report that, when there are serious disputes or violations, the matter is reported to the Ministry of Labour for settlement. It asks the Government to provide information on cases of non-compliance with the principle of the Convention thus reported to the Ministry of Labour as well as on any other procedures for co-operation with the employers' and workers' organisations.