Equal Remuneration Convention, 1951 (No. 100) - Maldives (Ratification: 2013)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Articles 1(a) and Article 2(2)(a) of the Convention. Legal framework. The Committee recalls that the Constitution refers to “work of equal value” (article 37), while the Employment Act provides for a more restrictive approach, as it refers to “persons carrying out equal work” (section 4(a)), whereas the expression “work of equal value” in the Convention, not only includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee further recalls that for the principle of equal remuneration between men and women to apply, the Gender Equality Act requires that men and women assume “the same responsibilities” and “work adequately equal in value and weight”. As regards the interpretation of the provisions of the Employment Act, the Government stresses that although matters pertaining to wage-related issues are eligible for submission to the Employment Tribunal, the jurisdiction of the Tribunal does not extend to the interpretation of provisions within this Act. Therefore, there has been no national judicial or quasi-judicial interpretation of the terms “renumeration” and “equal work”. As for the Committee’s previous request on what is covered under “benefits and allowances” mentioned in the Employment Act, the Government indicates that this includes but is not limited to basic salary or wages, overtime compensation, bonuses and incentives, allowances (including housing, transportation, and meal allowances), benefits (such as health insurance, retirement plans, and other fringe benefits), and any other financial or non-financial benefits provided directly or indirectly by the employer in connection with the employment relationship. The Government reiterates that, pursuant to section 20(c) of the Gender Equality Act, men and women at the “same place” of employment with work adequately equal in value and weight shall be given equal wages, overtime compensation, benefits and allowances. In that regard, the Committee wishes to draw the Government’s attention to the fact that the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise and allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between employers. The Committee wishes to emphasize that ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation, i.e. the tendency for women to be concentrated in certain jobs, and certain sectors of activity (General Survey of 2012 on Fundamental Conventions, paragraphs 697–699). The Committee asks the Government to consider amending: (i) the Employment Act to ensure that equal remuneration is provided for men and women for work of equal “value” and not only “equal work”, as enshrined in the Constitution; and (ii) the Gender Equality Act, with a view to extending equal remuneration for work of equal value beyond the “same responsibilities at the same place of employment”. The Committee reiterates its request to the Government: (i) to specify the elements covered under “benefits and allowances” in section 20(c) of the Gender Equality Act; and (ii) to clarify the significance of the term “work adequately equal in value and weight” (section 20(c)). Please provide information on any decisions by courts or tribunals applying article 4(a) of the Employment Act, as well as sections 20(b) and 20(c) of the Gender Equality Act.

Article 2. Scope. Excluded categories of workers. Regarding the exclusion of members of the police force and armed forces from the protection of the Employment Act (Article 2), the Government states that these categories of workers receive fair and equitable remuneration through sector-specific regulations and remuneration schemes that align with the principles of the Convention. However, the Committee notes that, although the Government affirms that the unique requirements of these sectors do not undermine the principle of equal remuneration, the Maldives Police Service Act (Act No. 34/2020}, the Police Employment Regulation (R-85/2022) and the Armed Forces Act (Act No. 1/2008) do not contain provisions stating the principle of equal pay for work of equal “value” proclaimed by the convention. Therefore, the Committee asks the Government to indicate the manner in which the principle of the Convention is applied in practice to those categories of workers excluded from the coverage of the Employment Act.

Articles 2 and 3. Public sector. Wage structure. Objective job evaluation. The Committee welcomes the publication in 2021 of the Public Service Job Evaluation Guidelines by the National Pay Commission. It notes that the job evaluation process analyses and classifies jobs based on objective factors such as skill and knowledge, responsibility, physical effort, and environmental working conditions, and that each one is assigned a “weight” based on a number of quantitative and qualitative considerations. Job evaluation is undertaken for the job matrices of eight job families, and variations are made to the weightage – firstly across the job families, and secondly across the major job groups specified in the “Maldives Public Service Standard Classification of Occupations (MISSCO)” – in relation to the quantitative and qualitative considerations specified above. Subsequently job evaluation points are derived for each of the job evaluation factors across all job families. The Committee notes that the objective of the job evaluation exercise is to ensure that all staff are graded fairly and equitably – when considering each job in relation to others in the organization – and equally with other staff undertaking similar jobs or jobs of equal value. The Committee wishes to recall that the Convention addresses equality specifically between men and women and that, when comparing the relative value of different jobs, there needs to be an examination of the respective tasks involved, undertaken based on entirely objective and non-discriminatory criteria to avoid the assessment being tainted by gender bias and in particular that certain skills considered to be “female” are not undervalued. The Committee, therefore, requests the Government to indicate how it ensures that whatever methods are used for the objective evaluation of jobs are free from gender bias, i.e. 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.

Private sector. Minimum wage. The Committee takes note of the Government’s indication that a Minimum Wage Advisory Board has been constituted, and per the Board’s recommendation, minimum wages based on sector and enterprise size were established on 8 November 2021. The Committee notes from the Government’s report that micro businesses are exempt from minimum wage regulations, small businesses have the lowest per-hour minimum wage, and the informal economy is unaccounted for. In that regard, it wishes to point out that, according to the 2019 Informal Employment: Household Income and Expenditure Survey of the Republic of Maldives and the 2022 Report of the United Nations Working Group on discrimination against women and girls, 44 per cent of employed women in the Maldives work in the informal economy, and 84 per cent of home-based workers in the Maldives are women (A/HRC/53/39/Add.2, 26 April 2023, paragraph 23). Recalling that the fixing of minimum wages can make an essential contribution to the application of the principle of equal remuneration, the Committee wishes to stress that it is vital to ensure that the minimum wage determination process is free from gender bias and that certain skills considered to be “female” and sectors dominated by women are not undervalued or even overlooked (see General Survey of 2012, paragraph 706). The Committee asks the Government to provide information on how the principle of the Convention is considered in determining the minimum wage, and the activities undertaken or envisaged to ensure the promotion of the principle of the Convention in the informal economy.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes that interactive workshops are conducted between employers’ and workers’ organizations to further the implementation of the national minimum wage and the constitution in 2024 of the tripartite Minimum Wage Advisory Board. Please provide information on any form of cooperation or awareness-raising activities with the social partners for the purpose of giving effect to the provisions of this Convention.

Enforcement. The Committee notes that labour inspectors and enforcement authorities have not been trained in handling cases of discrimination, and the Government’s indication that it would appreciate such opportunities in the future in order for these officials to gain insights or information. The Committee asks the Government to continue to provide information on the number, nature and outcomes of cases of pay discrimination dealt with by the labour inspectorate and the courts, and recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

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

The Committee notes the Government’s first report and asks it to provide further information on the following points.

Article 1(a) of the Convention. Definition of “remuneration”. In its report, the Government refers to section 4(a) of the Employment Act and section 20 of the Gender Equality Act in relation to the principle of equal remuneration for work of equal value. The Committee notes that the Employment Act refers to the determination of “remuneration” and provides a definition for the term “wage” as “cash or anything of value which is paid from employer to employee as a means of salary, additional benefits, allowances related to employment which shall be given as a financial gain” (Articles 4(a) and 97). The Committee wishes to draw the attention of the Government to the fact that the term “remuneration” needs to be defined with rigour if the Convention is to be applied fully. The Convention sets out a very broad definition of “remuneration” which captures all elements that a worker may receive for his or her work, not only payments in cash and in kind but also payments made directly and indirectly by the employer to the worker which arise out of the worker’s employment. Such a broad definition is necessary to capture all the additional components beyond the wage, which are often considerable and increasingly make up more of the overall earnings package (see General Survey of 2012 on the fundamental Conventions, paragraphs 686 and 687). The Committee also notes that the Gender Equality Act refers to “equal wages, overtime compensation, benefits and allowances” (Article 20(c)). The Committee therefore asks the Government to provide information on the meaning of the term “remuneration” used in Article 4(a) of the Employment Act dealing with “equal work” specifying the elements covered, and to provide examples of what is covered under “benefits and allowances” in Article 20(c) of the Gender Equality Act. The Committee also requests the Government to provide copies of any decisions by courts or tribunals, interpreting these provisions.

Article 2(2)(a). Equal remuneration for work of equal value. Legal framework. The Committee notes that the Government refers to: (1) the Constitution that recognizes that everyone is entitled to equal remuneration for work of equal value (Article 37); (2) the Employment Act that prohibits discrimination amongst persons carrying out equal work in the determination of remuneration (Article 4(a)); and (3) the Gender Equality Act, under which employers shall provide equal wages to men and women who perform the same responsibilities at the same place of employment (Section 20(b)) and men and women at the same place of employment with work adequately equal in value and weight shall be given equal wages, overtime compensation, benefits and allowance (Section 20(c)). The Committee notes that the Constitution refers to “work of equal value”, while the Employment Act provides for a more restrictive approach, as it refers to “persons carrying out equal work”, and the Gender Equality Act refers to “the same responsibilities” and “work adequately equal in value and weight”. The Committee recalls that “work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value (see General Survey of 2012, paragraph 673). The Committee also notes that the Gender Equality Act refers to equal remuneration between men and women “at the same place of employment”. In this regard, the Committee would like to bring to the attention of the Government that the Convention does not limit the application of the principle of equal remuneration for men and women for work of equal value to the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers (see General Survey of 2012, paragraph 697). The Committee asks the Government to consider amending the Employment Act to ensure that equal remuneration is provided for men and women for work of equal value and the Gender Equality Act with a view to extending equal remuneration for work of equal value beyond the same place of employment. The Committee also requests clarification on the implementation of Sections 20(b) and 20(c) of the Gender Equality Act, in particular on the significance of the term “work adequately equal in value and weight”.

Article 2. Scope. Excluded categories of workers. The Committee notes that the Constitution and the Gender Equality Act have a broad scope of application while the Employment Act excludes from its application the police, the armed forces and those areas and persons exempted by any other statute (Article 2(a)). The Committee wishes to point out that there are no exclusions permitted under Convention No. 100 as it applies to all workers, both nationals and non-nationals, in all sectors of activity, in the public and the private sectors, and in the formal and informal economy. Recalling the obligation to ensure and promote the application of the principle of the Convention to all workers, the Committee asks the Government to indicate the manner in which it is ensured that the principle of the Convention is applied to those categories of workers that are excluded from the coverage of the Employment Act.

Articles 2 and 3. Public sector. Wage structure. Objective job evaluation. The Committee notes that the Government indicates: (1) that the National Pay Commission was established on 2016 with the mission to review, determine and harmonize the wage structure of the public sector, where wages are set by a number of institutions; and, (2) that, in practice, the Civil Service Commission sets the wage scales for a large part of the public service, and that wages are fixed for job positions based on defined job descriptions or responsibilities. The Committee also notes that, according to the National Pay Policy Act, the National Pay Commission may establish differences in salaries in the public sector based on the type of work and profession, and work-related risk proportionate to the demand, profession, skill and type of work (Sections 17 and 19). The Committee requests the Government to provide information on any objective job evaluation methods and criteria used to review and establish wage scales. It also requests the Government to take measures with a view to ensuring that, during this process, the principle of equal remuneration for men and women for work of equal value is duly taken into account.

Private sector. Minimum wage. The Committee takes note of the Government’s indications that a Salary and Wage Advisory Board, on which there are representatives from employers’ and workers organizations, was established in May 2019. The Committee also notes that during 2019 the ILO provided technical assistance to the Government with the view to the establishment of a minimum wage in the country and that, on 22 September 2020, the President of the Maldives ratified the sixth amendment to the Employment Act, which directs the relevant Cabinet Minister to determine and implement a minimum wage for all employees in the Maldives. The Committee recalls that, as women predominate in low-wage employment, a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap, and that, when establishing minimum wages at the sectoral level, special attention is needed to ensure that the rates fixed are free from gender bias, as there is a tendency to set lower wages for sectors predominantly employing women (see General Survey of 2012, paragraph 683). The Committee asks the Government to provide information on the progress made in the minimum wage determination process, on the methods and criteria used, and on how the principle of the Convention is taken into account.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee recalls the Government’s indication that representatives from workers’ and employers’ organizations participate in the Salary and Wage Advisory Board. Furthermore, the National Pay Policy Act provides that the National Pay Commission disseminates information through forums to different actors, including workers and employers (Section 16(o)), and that it shall conduct public forums and open interview sessions with stakeholders, including employers and employees from diverse fields (Section 18). The Committee asks the Government to provide information on any form of cooperation or awareness-raising activities with the social partners with a view to promoting specifically equal remuneration for men and women for work of equal value.

Enforcement. The Committee notes the Government’s indication that there are no decisions made by courts regarding equal remuneration for work of equal value. In view of the above, the Committee wishes to recall that where no cases or complaints, or very few, are being lodged, this is likely to indicate a 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. The lack of complaints or cases could also indicate that the system of recording violations is insufficiently developed (see General Survey of 2012, paragraph 870). In this regard, the Committee notes that: (1) in its 6th Report submitted to the Committee on the Elimination of Discrimination against Women (CEDAW), the Government stressed that the Labour Relations Authority lacks employees and budget for inspection, and that it conducts social media awareness about the channels to submit a complaint (CEDAW/C/MDV/RQ/6, para. 169); and (2) pursuant to the National Pay Policy Act, the National Pay Commission also disseminates information to several actors, including the judiciary (Section 16). The Committee requests the Government to provide information on any specific training programmes developed to enhance the capacity of labour inspection and other enforcement authorities to handle pay discrimination cases. The Committee asks the Government to continue to provide information on the number, nature and outcomes of cases of pay discrimination dealt with by the labour inspectorate and the courts.