Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Equal Remuneration Convention, 1951 (No. 100) - Gibraltar

Previous Comment

Article 2 of the Convention. Principle of equal remuneration for men and women for work of equal value. Collective Bargaining. In its report, the Government indicates that section 52(d) of the Employment Act, 1932 and section 63 of the Equal Opportunities Act, 2006 establish that any provision in a collective agreement contrary to the principle of equal pay is void and subject to redress. It further reports on the adoption of the Employment (Trade Union Recognition) Regulations, 2023, which provides a framework for the recognition of trade unions and collective agreements. Under these regulations, any collective agreement must meet statutory minimum standards and cannot undermine equal pay protections. The Committee takes note of these developments. It regrets however that there are no collective agreements containing explicit clauses recalling the principle of equal remuneration for men and women for work of equal value considering the vital role they can play in addressing the gender pay gap. The Committee asks the Government to provide information on any activities undertaken to raise awareness among workers, employers, and their representatives for the purpose of giving effect to the provisions of this Convention.

Minimum wages. Domestic workers. The Committee notes the Government’s indication that, while it has not been able to further consider the situation of domestic workers due to ongoing negotiations regarding Gibraltar’s future relationship with the European Union and Spain, the Conditions of Employment (Standard Minimum Wage) Order, 2001 applies to all workers, including domestic workers, regardless of industry and that domestic workers are included in the Employment Survey under the “Other Services” industry, while domestic workers employed by the cleaning companies are recorded under the “Real Estate & Business Activities” industry. The Committee further notes the Government’s statement that, in the 2022 Employment Survey, 38 domestic workers employed directly by private households were registered, of whom 34 were women and 4 were men. The Committee welcomes the clarification that domestic workers are covered by the minimum wage order. The Committee requests the Government to provide information on the measures taken to ensure enforcement of minimum wage coverage for domestic workers including, if possible, for domestic workers engaged in informal or unregistered employment.

Article 4. Application in practice. Promotion, awareness-raising and enforcement. The Committee notes the Government’s information that the Citizens Advice Bureau (CAB) is the designated body under the Equal Opportunities Act, 2006, responsible for promoting fairness and addressing discrimination, and that the CAB conducts equal opportunities training (training sessions reportedly cover relevant laws, practical strategies, diversity awareness, and workplace inclusivity) for both the public and private sectors, provides outreach to unions, and has handled over 150 discrimination cases. The Committee welcomes these activities. It notes however that no specific information has been provided about CAB’s promotion and application of the principle of equal remuneration for men and women for work of equal value enshrined in the Convention. The Committee also notes the Government’s indication that Gibraltar currently has three labour inspectors, supported by a Senior Labour Inspector, and Employment Tribunal chairpersons to hear complaints under employment legislation. Additionally, three Supreme Court judges hear appeals. Finally, the Committee observes that, although a consultation paper on the establishment of an Equal Opportunities Commission was published, the Commission has not yet been established. The Committee asks the Government to provide information on: (i) the Citizens Advice Bureau promotional and awareness-raising activities related specifically to theapplication of the principle of equal remuneration for men and women for work of equal ‘value’; and (ii) any progress towards establishing an Equal Opportunities Commission, as provided under section 79 of the Equal Opportunities Act.