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

Equal Remuneration Convention, 1951 (No. 100) - Lesotho (Ratification: 1998)

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Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes, from the 2023 Global Gender Gap Report from the World Economic Forum, that, the labour force participation of women remains low being estimated at 48.9 per cent, compared to 67.1 per cent for men. It observes that Lesotho was ranked 119th out of 146 countries assessed in terms of equal pay for men and women for similar work with the estimated income of women being 31.2 per cent lower than that of men. The Committee further notes that, according to the data available from the Bureau of Statistics (BoS), in 2021, women were concentrated in lower paid sectors. As regards occupational categories, in 2021, while 1.6 per cent of women were employed as managers, who received the highest mean monthly earnings (compared to 2.8 per cent in 2011), 52.3 per cent of women were in elementary occupations, which are characterized by the lowest mean monthly earnings (compared to 29.3 per cent in 2011). In that regard, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) regarding the persistent vertical and horizontal gender segregation in the labour market. The Committee notes the Government’s statement, in its report, that technical cooperation is needed to promote the principle of equal remuneration for men and women for the work of equal value, including through training for workers, employers and their respective organizations. In light of the substantial and persistent pay differences between men and women, the Committee asks the Government to provide information on: (i) any measures taken or envisaged to identify and address the underlying causes of such pay differences; (ii) the earnings of men and women, disaggregated by sector of the economy and occupational categories, where possible, as well as any information available on the gender pay gap; and (iii) any proactive measures taken to raise awareness of the principle of the Convention among workers, employers and their respective organizations, as well as among law enforcement officials. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that low paid sectors are covered by the Minimum Wages Orders, adopted by the Minister of Labour and Employment, upon recommendations or proposals formulated by the tripartite Wages Advisory Board (sections 50 and 51 of the Labour Code). The Committee welcomes the increase of the general monthly minimum wage, from 1 May 2022, up to LSL1,1881.00 for workers with less than one year of service, and to LSL2,053.00 for those with more than one year of service. It notes that minimum wages for other sectors were also increased but observes persistent significant differences in minimum wages between sectors where women are traditionally more represented such as manufacturing, wholesale and retail trade, and hospitality (ranging from LSL2,307.00 to LSL2,748.00), and sectors characterized by a higher representation of men, such as construction and transport (ranging from LSL2,565.00 to LSL6,338.00). The Committee observes that for domestic workers, who are mainly women, the minimum wage set is lower than the general minimum wage (ranging from LSL725.00 to LSL800.00). It further notes that, in the recommendations made in February 2023 for minimum wages for 2023-24 by the Wages Advisory Board to the Minister (Labour Code Wages Notice, 2023), similar significant differences as regards the level of the minimum wages in the different sectors persist. The Government states that no data disaggregated by sex is available regarding workers who are receiving minimum wages. In that regard, the Committee wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee asks the Government to provide information on: (i) the method and criteria used, when determining minimum wages to ensure that the remuneration rates are fixed free from gender bias, and in particular that the work in sectors with a high proportion of women is not being undervalued; and (ii) any developments with respect to the coverage and rates of minimum wages.

Articles 2(2)(c) and 4. Collective agreements and cooperation with social partners. The Committee recalls that, pursuant to section 47 of the Labour Code, wages and conditions of employment may be fixed, among others, by collective agreements. TheCommittee asks the Government to provide information on: (i) any steps taken to raise the awareness of the workers’ and employers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, for example through the promotion and implementation of the principle of equal remuneration for men and women for work of equal value set out in section 5(3) of the Labour Code and objective job evaluation; and (ii) any provisions of collective agreements reflecting this principle.

Article 3. Objective job evaluation. The Committee notes the Government’s statement that the last job evaluation exercise in the public service was carried out in 2013, during which the Department of Remuneration and Benefits within the Ministry of Public Service also compared the grades and duties of similar positions in the private sector and neighbouring countries. This resulted in a salary review for all public servants. The Committee notes with regret that, once again, the Government did not provide information on the manner in which the principle of the Convention was taken into consideration in the 2013 salary review. It recalls that: (1) the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias; and (2) measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee therefore asks the Government to provide information on: (i) any new job evaluation exercise undertaken in the public sector, indicating the method and criteria used to ensure it is exempt from any gender bias and may not lead, in practice, to an under-evaluation of jobs mainly occupied by women; and (ii) any measures taken to promote, develop and implement practical approaches and methods for objective job evaluation, both in the public and private sectors, based on objective criteria, such as qualifications and skills, effort, responsibilities and conditions of work.

Enforcement. The Committee asks the Government to provide information on any cases or complaints concerning inequality of remuneration between men and women dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted.