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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 20 January 2022 affirming that, despite the legislation being in place, workers with disabilities and pregnant women face continuous discrimination due to weak enforcement of the Labour Act, exacerbated by an overburdened court system.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. National policy for equality of opportunity and treatment. Persons with disability. The Committee notes that the Persons with Disabilities Bill, 2023, which seeks to confer on people living with disabilities rights and freedoms that are in line with the Constitution and the United Nations Convention on the Rights of Persons with Disabilities, 2006, has been tabled before the Parliament in May 2024. In that regard, it observes that the Decent Work Country Programme (DWCP) for Zimbabwe 2022–2026 and the National Strategy to Prevent and Address Gender-based Violence 2023–2030 underscore that women and girls with disabilities are among the most vulnerable and marginalized groups in Zimbabwe. The 2022–2026 DWCP indicates that the ILO will provide support to help technical and vocational education and training institutions, employers’ and workers’ organizations and their members to address stigma and discrimination patterns that exist towards persons with disabilities. The Committee asks the Government to provide information on: (i) any measures taken to enhance the access of persons with disabilities (women in particular) to education, vocational training and employment and justice; (ii) the technical assistance provided by the ILO in that regard; and (iii) any progress made with regard to the adoption of the Persons with Disabilities Bill, 2023.

National policy for equality of opportunity and treatment. Migrant workers. The Committee notes that, according to the 2022–2026 DWCP, migrant workers often find themselves in situations of vulnerability at work and that one of its objectives is to ensure that migrant workers effectively benefit from existing measures, strategies, policies, and mechanisms to protect their labour rights. The Committee asks the Government to provide information on any measures taken to ensure that migrant workers are protected against discrimination based on the prohibited grounds of the Convention and enjoy equality of opportunity and treatment in employment and occupation.

National policy of equality of opportunity and treatment irrespective of sex. The Committee notes the detailed information provided by the Government regarding women’s labour force participation in the country (private and public sector). It notes in particular that, according to the 2024 third quarter Labour Force Survey report, women’s labour force participation stood at 36.8 per cent. The Government indicates inter alia that: (1) since 2021, effort has been placed on the implementation of the National Gender Policy by progressively increasing the budget allocated to gender-focused programmes and gender-responsive initiatives under the Ministry of Women Affairs, Community, Small and Medium Enterprises Development; (2) Gender Directorates, which have been created in all ministries are responsible for coordinating gender issues in the respective ministries; (3) the Women Development Fund funded 185 women-led projects; (4) the Zimbabwe Women’s Microfinance Bank (ZWMB) awarded 101,737 loans; and (5) the Small and Medium Enterprises Development Corporation (SMEDCO), and the Youth Empower Bank awarded specific allocations to women. The Government also indicates that the National Development Strategy 1 (NDS 1) 2021–2025: (1) aims at promoting gender equality and ensuring equal opportunities and treatment for both women and men; (2) addresses gender mainstreaming as a core strategy to integrate gender perspectives into all policies and programmes with a view to ensuring that women and men benefit equally from development initiatives; and (3) includes measures to facilitate access to financing for women in business and support women empowerment programmes.

Public sector. The Government reports that, among other initiatives taken in 2023, it adopted the National Women in Leadership and Decision-Making Strategy, which focuses on women’s participation in politics at national level and the public sector in particular. The Committee notes that, according to the Public Service Academy’s statistics, the proportion of women benefiting from training and development opportunities in the public sector increased from 46 per cent in 2023 to 57 per cent in the first half of 2024; and the adoption of a deliberate directive with a view to ensuring that there are adequate resources for programming gender equality initiatives. The Committee welcomes the Government’s indication that the Public Service Commission has adopted a deliberate directive to ensure that recruitment and promotion are gender balanced. It however observes that, in 2023, for the main part, members of parastatals’ boards were men.

The Committee asks the Government to: (i) continue to provide information on measure taken with a view to promoting and realizing the equality of opportunity and treatment for men and women in the private and public sector, including the results of the NDS 1 (2021–2025); and (ii) monitor its progress in increasing women’s access to decision-making position throughout the public sector to attain equal representation in all institutions and agencies of government at every level, as provided for in Section 17(1)(b)(i) of the Constitution.

Sexual harassment. The Committee acknowledges the Government’s efforts to combat workplace sexual harassment through legal reforms and policy initiatives. Key measures include: (1) the 2023 Labour Amendment Act, which prohibits all forms of sexual harassment, allows victims to pursue both legal and criminal action, and imposes penalties such as fines, imprisonment, or dismissal; and (2) the formulation of a national strategy (2021–25) to eliminate sexual harassment and gender-based violence, focusing on formal workplaces and prioritizing the protection of women. The Committee notes however that the Government recognizes that enforcement remains difficult in the informal economy, prompting collaboration with NGOs and international partners. Additionally, the Committee notes with interest that the Zimbabwe Gender Commission (ZGC) has worked to raise awareness and investigate issues in Higher and Tertiary Education Institutions (HTEIs), where underreporting is common due to cultural stigma and fear of retaliation. To address this, a Model Anti-Sexual Harassment Policy for HTEIs has been created and was set to launch in 2024. Additionally, anti-harassment campaigns have been held across HTEIs, and the Public Service Commission introduced a policy in 2022 to foster safer public workplaces. The Committee asks the Government to continue to provide information: (i) on any other awareness-raising activities, information campaigns and measures taken to prevent and address sexual harassment in workplaces, in particular in the informal economy, as well as the results of the application of the Strategy for the Elimination of Sexual Harassment and Gender-based Violence in the Workplace (2021–2025); and (ii) on the number of sexual harassment complaints lodged, penalties imposed and compensation awarded. Please also provide samples of anti-sexual harassment policies developed in HTEIs and information on their application in practice.

Access to employment and occupation. The Committee acknowledges the positive steps by the Government to improve women’s access to employment and education, particularly through programmes that support economically vulnerable girls, promote STEM (Science, Technology, Engineering and Mathematics) enrolment among women, and offer skills training in marginalized areas. Female enrolment in higher and tertiary education institutions (HTEIs) has grown, with women now making up 56.6 per cent of enrolments and nearly half of STEM students. However, despite these efforts, significant gender disparities persist – especially in rural areas – where women and girls face higher rates of exclusion from education and employment. Labour statistics highlight that rural female labour force participation remains low (26.9 per cent), and a large proportion of young women are not in education, employment, or training. The Committee asks the Government to continue to provide information on the impact of: (i) measures taken to enhance access of girls and women to education, vocational training and employment, such as the youth and women affirmative action, placing a special focus on girls and women from disadvantaged families, or living in marginalized or rural areas; and (ii) the progress of girls and women’s enrolment in education and vocational training in areas traditionally dominated by men.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 3. Application of the principle of equal remuneration. Collective bargaining. The Committee asks the Government to: (i) take specific steps to raise the awareness of the employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, for example through objective job evaluations; (ii) encourage social partners to address the issue of equal remuneration for men and women, including through the inclusion of specific provisions in collective agreements; and (iii) provide information on the measures taken to this effect.

Article 3. Objective job evaluation mechanisms. The Government informs the Committee that the Public Service has undertaken an objective job evaluation exercise which focused on the duties of the jobs and whose findings were then used for grading jobs across the public service on the basis of the Patterson job evaluation system. The findings of the job evaluation exercise are currently under consideration at the Cabinet Committee on Legislation (CCL). It adds that it encourages the private sector to implement objective job evaluation methods, particularly through the use of the Patterson system, and that, in sectors where this system does not apply, National Employment Councils are mandated to come up with minimum wages. The Committee asks the Government to indicate: (i) how the Patterson job evaluation system ensures that biases and stereotypes that lead to the undervaluation of predominantly female roles are avoided in practice; (ii) the Cabinet Committee on Legislation’s decision regarding the findings of the job evaluation exercise conducted in the public service; and (iii) the progress achieved in implementing job evaluation methods within the private sector.

Conventions Nos 100 and 111 – Application in practice

Awareness-raising. Convention No. 100. Noting the general nature of the information provided,the Committeeasks the Government to provide detailed information on any specific measures taken or envisaged to raise public awareness of the principle of the Convention.

Enforcement. Conventions Nos 100 and 111. The Government reports that a total number of 5,943 inspections were carried out between January 2023 and June 2024 but that, so far, no cases have been reported regarding inequality of remuneration for work of equal value between men and women. The Committee requests the Government to continue monitoring and reporting any cases of discrimination in employment and occupation, including instances of unequal remuneration between men and women for work of equal value, that are detected or reported to the competent authorities (such as the labour inspectorate, the ZGC, the Human Rights Commission, and the courts), along with information on the outcomes of such cases. Additionally, the Committee asks the Government to indicate whether any new training activities have been implemented to strengthen the capacity of labour inspectors and magistrates to identify and address unequal pay cases (including discrimination faced by pregnant women and persons with disabilities).

Statistics. Convention No. 100. The Committee notes the Government’s statement that, due to the implementation of the Paterson grading system, no gender pay gap exist and, consequently, no data on earnings differentials between men and women is available. In this regard, the Committee wishes to recall that, while objective job evaluation systems can help ensure that work of equal value is remunerated equally, they do not, on their own, eliminate gender pay gaps. Horizontal and vertical occupational segregation – where women are concentrated in lower-paying roles or positions with limited advancement opportunities – continues to be a key factor contributing to pay inequality. The Committee thus welcomes the Government’s indication that a master plan has been developed to enhance the Labour Market Information System (LMIS), which will include the monitoring of gender disparities in the labour market. The Committee hopes that the development of the LMIS will allow the Government to collect, process and analyse statistical data on earning differentials between men and women in the various sectors and categories of employment, as well as any data available, that show the nature, extent and evolution of the occupational gender segregation. The Committee asks the Government to provide information in this regard.

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality and non-discrimination, under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation), together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Definition of discrimination (direct and indirect). Prohibited grounds of discrimination. Legislation. The Committee notes of the Government’s indication that section 5(1) of the Labour Act provides for non-discrimination against any employee or prospective employee on grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status, and that in its view that ’place of origin’ covers distinctions made on basis of any nationality or status of nationality. The Committee wishes to highlight that the concept of “national extraction” covers discrimination made on the basis of a person’s place of birth, ancestry or foreign origin, and also discrimination directed against persons who are nationals of the country in question. The Committee notes with regret that, despite the technical assistance provided by the Office in that regard, the Government did not take advantage of the enactment of the Labour Amendment Act, 2023 (No. 11) to define and prohibit direct and indirect discrimination and to add “national extraction” and “social origin” to the list of prohibited grounds. Considering the above, the Committee again requests the Government to ensure that the Labour Act prohibits direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment. It also asks the Government to provide information on any judicial interpretation given to Section 5(1) of the Labour Act. 

Public Service. Regarding the prohibited grounds of discrimination enshrined in Section 18 of the Public Service Act (race, tribe, place of origin, political opinion, colour, creed, gender or physical disability), the Committee notes that Clause 16 of the Public Service Amendment Bill, currently before the Cabinet Committee on Legislation, seeks to align Section 18 with Section 56.3 of the Constitution which states that: ‘Every person has the right not to be treated in an unfairly discriminatory manner on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock’.

The Committee urges the Government to take the necessary steps to ensure that both direct and indirect discrimination is defined and prohibited in the public sector legislation on at least all the grounds enumerated in Article 1(1)(a) of the Convention, for all workers and with respect to all aspects of employment. It also asks the Government to provide information on any progress made in this regard. Additionally, the Committee requests the Government to indicate whether the Constitutional Court has ruled on the meaning to be given to the grounds listed in section 56.3 of the Constitution.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2(1). Legislation. The Committee notes with regret that the Government has not taken the opportunity provided by the adoption of the above-mentioned Labour Amendment Act, 2023 (No. 11), to bring the legislation fully into conformity with the Convention by amending the definition of “work of equal value” set out in Section 2 of the Labour Act.

The Committee asks the Government to amend the definition of the expression work of equal “value” set out in the Labour Actto ensure that the principle of equal remuneration for men and women for work of equal ‘value’ is fully reflected in the legislation, to allow for the comparison not only of work that involves similar qualifications and skills, effort, responsibilities and conditions of work, but also of work of an entirely different nature which is nevertheless of equal ‘value’. 

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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2(2)(c) and 4 of the Convention. Application of the Convention through collective agreements. Cooperation with employers’ and workers’ organizations. With reference to its previous comment, the Committee notes the Government’s general statement, in its report, that there has been no discernible wage disparities between men and women across the National Employment Councils. The Committee takes due note of the copies of collective agreements provided by the Government for the transport operating industry, the funeral industry, the lumber milling industry and the agricultural sector. The Committee notes that the collective agreements all provide that wages are determined according to an agreed grading system and that the employer shall place each employee in a particular grade that is “appropriate to the occupation” of the employee. The Committee notes, however, that no reference is made to the principle of “equal remuneration for work of equal value” in the collective agreements and that no information is provided on the methods used by the employer to evaluate and grade a particular job. The Committee asks the Government to:

• (i)take specific steps to raise the awareness of the employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced, for example through objective job evaluations;
• (ii)actively encourage social partners to address the issue of equal remuneration for men and women, including through the inclusion of specific provisions in collective agreements; and
• (iii)provide information on the measures taken to this effect.

Article 3. Job evaluation. In reply to the Committee’s previous comment, the Government indicates that the Public Service Commission (PSC) started a job evaluation exercise in 2020, but that it was slowed down by the national lockdown imposed to curb the spread of the COVID-19 pandemic. So far, the PSC has completed the first of the three stages planned for the job evaluation exercise: the job analysis. The Government further states that workers’ and employers’ organizations engage at the National Employment Council level in the determination of effective job evaluation methods with a view to ensuring that the process is undertaken in an objective and fair manner that is free from gender bias. However, as noted above, the collective agreements provided by the Government do not include any explanation on how employers evaluate and grade a particular job. The Committee therefore once again refers to paragraphs 695 and 701 of the 2012 General Survey on the fundamental Conventions. The Committee requests the Government to:

• (i)take measures to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector; and
• (ii)provide information on any measures taken, including information on the cooperation with employers’ and workers’ organizations in this regard.

The Committee also requests the Government to provide information on:

• (i)the advancements of the job evaluation exercise started in 2020 by the Public Service Commission; and
• (ii)the results of the exercise, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value.

Awareness raising and enforcement. The Committee previously noted the ZCTU’s statement that labour inspections were minimal owing to a lack of resources, technical equipment and staff. It notes the Government’s indication that, in 2020, 2,400 labour inspections were carried out, and that 921 labour inspections had been conducted in the first half of 2021. The Government states that during inspections, labour inspectors also carry out awareness-raising campaigns on the provisions of the Labour Act concerning equal pay for work of equal value. The Government also declares that no incidence of wage discrimination based on gender was recorded by the inspectors. The Committee recalls that when 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 (see the 2012 General Survey, para. 870). The Committee once again requests the Government to:

• (i)take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention; and
• (ii)provide information on any activities undertaken in this regard.

The Committee also requests the Government to continue to:

• (i)indicate whether specific measures have been taken to strengthen the labour inspectorate;
• (ii)provide information on any training activities undertaken for labour inspectors and magistrates to enhance their capacity to detect and address unequal pay; and
• (iii)provide information, not only on the number of inspections carried out, but also on cases concerning inequality of remuneration detected by or reported to labour inspectors, as well as those dealt with by the Ombudsman, courts or any other competent authorities, and any administrative or judicial decision taken in this regard, particularly in order to enforce section 5(2)(a) of the Labour Act.

Statistics. Whereas the Committee noted, in its previous comment, that efforts were being made to set up a comprehensive Labour Market Information System where labour market statistics would be easily accessible, it notes with regret the Government’s indication that, currently, there are no statistics available on earning differentials between men and women in the various sectors and categories of employment. The Committee notes, the “Women and Men in Zimbabwe Report”, 2019, from the Zimbabwe National Statistics Agency (ZIMSTAT) which indicates that, for women in the agricultural sector, the situation worsened between 2015 and 2017. Indeed, in 2017, women in small and large scale commercial farms were earning, respectively, 73.4 per cent and 77.7 per cent of what men earned (compared to 94.2 and 83.1 per cent respectively in 2015). The Committee requests the Government to:

• (i)take all the necessary measures to collect, process and analyse statistical data on earning differentials between men and women in the various sectors and categories of employment, as well as any data available, disaggregated by sex, that show the nature, extent and evolution of the gender pay gap; and
• (ii)to provide information on the progress achieved to this end, including in the development of the Labour Market Information System.Referring to its previous comments on the goal expressed in the National Gender Policy to develop and implement a specific framework to monitor gender disparities, the Committee once again requests the Government to provide information on any steps taken to this end.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 20 January 2020.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. With reference to its previous comment, the Committee notes the Government’s indication, in its report, that the bill amending the Labour Act has provisions that clearly define and prohibit all forms of sexual harassment at the workplace and provides for dissuasive sanctions for perpetrators. The Government also indicates that the Labour Bill mainstreams the principles of the Violence and Harassment Convention, 2019 (No. 190), and that section 6 of the Labour Bill prohibits violence and harassment at the workplace, including sexual and gender-based violence. The Committee also notes that the Government, with the support of the ILO, has undertaken awareness and sensitization campaigns to raise awareness on gender discrimination, violence and sexual harassment in workplaces. The Government adds that the Public Service Commission (PSC) is developing a workplace code of conduct to address issues of sexual violence and harassment at the workplace and that consultations with workers’ representatives have started. Further, public consultations are underway to draft the Gender Equality Bill and the Sexual Harassment Bill. The Committee takes note of these positive developments but notesthe ZCTU’s observations, alleging an increase in cases of violence and harassment in the workplace. It also notes, from the concluding observations of the United Nations’ Committee on the Elimination of Discrimination against Women (CEDAW), the high incidence of sexual harassment of women engaged in the informal economy by municipal police, clients, service providers and male colleagues (CEDAW/C/ZWE/CO/6, 10 March 2020, para. 37). The Committee hopes that the Government will endeavour to enact the Labour Bill as soon as possible, and asks it to ensure that its provisions:

• (i)clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment;
• (ii)provide access to remedies for all workers, men and women; and
• (iii)provide for sufficiently dissuasive sanctions and adequate compensations.

It reiterates its request to the Government to provide information on:

• (i)any measures taken to enhance women’s access to legal procedures, including the number of complaints concerning sexual harassment lodged, penalties imposed and compensation awarded; and
• (ii)the results of the investigation initiated by the Gender Commission on sexual harassment in tertiary institutions.

The Committee also asks the Government to continue to:

• (i)provide information on any measures taken to prevent and address sexual harassment in workplaces, particularly in the informal economy; and
• (ii)increase public awareness regarding sexual harassment and the procedures and mechanisms available for an aggrieved party to seek redress.

Access to education and vocational training. The Committee refers to its previous comment, and notes the Government’s indication that the Science, Technology, Engineering and Mathematics (STEM) initiative was not abandoned but that the policy approach changed: rather than sponsoring individual students in the STEMs, it now focuses on producing and empowering more teachers and lecturers to teach many students pursuing STEM subjects. The Government also refers to, among other measures, the construction and equipment of science laboratories of international standards at secondary and tertiary institutions and selected under-privileged schools on a need basis, and the expansion of skills development through increased apprenticeship enrolment. The Committee further takes note of the statistical information provided by the Government. It notes that, although more women (60,149 female students in 2021) than men (51,135 male students) were enrolled tertiary education, this information is not disaggregated by academic subject and sex. As regards vocational training centres, in 2021, there were 290 women and 2,265 men in automotive, 2,148 women and 442 men in hospitality, 147 women and 1 man in cosmetology. It also notes that there were 4,200 women and 4,269 men in computer, and 1,147 women and 1,062 men in physical sciences. Further, the Committee notes, from the concluding observations of the CEDAW that: (a) the high school dropout rate among girls owing to child marriage and/or early pregnancy, or financial difficulties; (b) the fact that the needs of girls are not sufficiently taken into account into school infrastructure, with a lack of adequate and separate sanitation facilities for girls and boys; (c) the reports of sexual abuse and harassment of girls in and on the way to and from school and the impunity for the perpetrators of such acts; and (d) the disproportionately low enrolment rate among women and girls in studies in the fields of science, technology, engineering and mathematics (CEDAW/C/ZWE/CO/6, para. 35). The Committee asks the Government to continue to provide information on:

• (i)the concrete steps taken to enhance access for girls and women to education and vocational training, especially in areas traditionally dominated by men, as well as their impact in improving equality of opportunity and treatment for men and women in employment and occupation;
• (ii)the STEM initiative, including data on the number of boys and girls enrolled in the programme, as well as its impact in addressing gender stereotypes in education; and
• (iii)the number of men and women enrolled in particular courses of education and vocational training, ensuring that the data is disaggregated by sex and subject.

Articles 2 and 3. Gender Commission. In reply to the Committee’s previous requests, the Government indicates that the Gender Commission is fully operational, the commissioners were appointed in 2015, and the Commission has been allocated a budget and offices. The Committee takes due note of the information provided on the Gender Commission’s mandate, including the Investigations and Complaints Handling Manual. The Government indicates that, in 2020, the Gender Commission convened the National Gender Forum (NGF) virtually. The Forum, held under the theme “Strengthening Accountability to End Gender based Violence in Zimbabwe”, gave stakeholders and social partners an opportunity to engage with the Commission. The Committee notes that the Gender Commission convenes and hosts workshops and gender forums annually to discuss any issues of concern related to its constitutional and statutory functions. It notes, however, that information is provided neither on the number of cases handled by the Gender Commission nor on the reports made by the Gender Commission to the Parliament to address gender inequality in employment and occupation. Therefore, the Committee once again requests the Government to provide information on:

• (i)the number, nature and outcome of cases of discrimination in employment and occupation addressed by the Gender Commission; and
• (ii)any systemic barriers to gender equality investigated and reported to Parliament, particularly in the fields of employment and occupation. The Committee requests the Government to continue to provide information on the activities of the Gender Commission, including on the specific awareness raising activities undertaken, with regard to discrimination in employment and occupation, among public officials, employers, workers, and their respective organizations, in the framework of the annual Gender Forums or otherwise.

Articles 2 and 3(d). Public service. With reference to its previous comment, the Committee notes the Government’s indication that the Public Service Commission (PSC), in all appointments and promotions made in the public sector, takes into consideration section 17 of the Constitution which provides for gender balance in all institutions and agencies of government, at every level. The Committee notes with interest that a proposed Public Service Amendment Bill is currently being reviewed and will be tabled for consideration by social partners in the Tripartite Negotiating Forum before its submission to Cabinet. According to the Government, the Bill will prohibit discrimination on “an analogous list of the grounds” in line with the Convention. The Committee further notes that, under the Public Service Regulations, appointments in the public service should be based on merit and when vacancy announcements are made, women are explicitly encouraged to apply. Based on the statistics provided by the Government for the years 2019 to 2021, the Committee notes that, although the proportion of women in decision-making positions seems to have slightly increased, they continue to be largely underrepresented (approximately one third of decision-making positions held by women). The Committee also notes, from the concluding observations of the CEDAW, that the executive branch does not implement the constitutional provisions on equality, as shown by the low number of women ministers and women on the boards of public and private companies. The CEDAW was also concerned that women in politics do not benefit from campaign funding through the Political Parties Finance Act and are often the targets of sexist attacks, harassment and gender stereotyping in the media (CEDAW/C/ZWE/CO/6, para. 33). The Committee asks the Government to step up its efforts to increase the access of women in the public service, including in decision-making positions, in order to attain equal representation in all institutions and agencies of government at every level, as provided for in article 17(1)(b) of the Constitution and the National Gender Policy. It asks the Government to continue to provide information on:

• (i)the number of civil servants, disaggregated by sex, category and position; and
• (ii)the progress made to adopt the Public Service Amendment Bill, while making sure that it contains provisions prohibiting direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, with respect to all aspects of employment and occupation.

Article 5. Affirmative action. In reply to the Committee’s previous comment, the Government indicates that: (a) it has reserved 60 seats (out of 270) in the National assembly for women; (b) the Public Entities’ Corporate Governance Act [Chapter 10:31] mandates Ministers to ensure that women are equally represented on Boards of entities that are under their purview; (c) the Tripartite Negotiating Forum Act provides that the Chairperson and the Vice Chairperson of the Management Committee must be of the opposite gender; and (d) affirmative action is also being promoted in schools and universities where female students with fewer points than their male counterparts are being admitted into programmes at universities. However, the Committee notes, from the concluding observations of the CEDAW that temporary special measures, are not systematically applied as a necessary strategy to accelerate the achievement of substantive equality between women and men in other areas in which women are underrepresented or disadvantaged, such as employment (CEDAW/C/ZWE/CO/6, para. 23). The Committee asks the Government to intensify its efforts and continue to take measures, pursuant to article 56(2) of the Constitution and the National Gender Policy, towards the formulation and implementation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the grounds set out in the Convention.

Enforcement. The Committee notes the ZCTU’s allegations that despite the legislation being in place, workers face continued discrimination, especially trade union members, pregnant women and people with disability, because enforcement of the Labour Act and the Constitution is weak and attempts to enforce these rights in court are delayed due to the fact that the court system is congested with cases. Noting that it provided no information in this regard, the Government is asked to provide its comments to the ZCTU’s observations. The Committee also once again asks the Government to provide information on:

• (i)any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principles of the Convention, including the establishment of the Gender Commission, and to provide information on any activities undertaken in this regard; and
• (ii)the number, nature and outcomes of any cases of discrimination in employment and occupation addressed by the competent authorities, including the labour inspectorate, the Gender Commission, the Human Rights Commission and the courts.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019.

Articles 1(b) and 2(2)(a) of the Convention. Work of equal value. Legislation. With reference to its previous comments, the Committee notes the ZCTU’s statement that it received the draft Labour Bill but that, at the time of its observations, no formal tripartite meeting had taken place to discuss whether the Bill gives effect to the principle of the Convention. The Committee notes the Government’s indication, in its report, that the concept of equal remuneration for work of equal value is now fully reflected in the draft Labour Bill. It adds that the ZCTU was given the opportunity to present its proposals on the draft Labour Bill and that its views were taken into account for the final draft. The Government indicates that the Bill is currently being considered by Cabinet. The Committee requests the Government to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected in the draft Labour Bill to allow for the comparison not only of work that involves similar qualifications and skills, effort, responsibilities and conditions of work, but also of work of an entirely different nature which is nevertheless of equal value. Recalling that the draft Labour Bill has been pending for a number of years, the Committee trusts that the Government will endeavour to enact it in the near future and provide a copy of the legislation once adopted.

Article 2. Measures to address the gender pay gap. With reference to its previous comment, the Committee notes the adoption of the Revised National Gender Policy (2017), supported by the National Gender Policy Implementation Strategy Plan (2019). It notes, however, that the Government does not provide more in-depth information on any measures taken, under the National Gender Policies or otherwise, to effectively address the gender pay gap. The Committee notes the ZCTU’s indication that the Government has not taken any action to address the gender pay gap and the situation of women in low-paying jobs. The ZCTU alleges that, in the agricultural sector, women receive lower wages than their male counterparts for the same jobs. The Committee also notes the ZCTU’s statement that the situation for women working in the informal economy has worsened due to austerity measures, and that payments that were previously made in United States dollars are now made in local currency, the result being that women who before already earned as little as US$100 per month, now earn US$30. The ZCTU adds that no efforts have been made by the Government to implement the National Gender Policy (2013–17), and that there has not been any consultation with the social partners on the subject. The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), the continuing horizontal and vertical occupational segregation, as well as the persistent gender pay gap and women’s concentration in low-paying jobs, primarily in agriculture and domestic work (CEDAW/C/ZWE/CO/6, 10 March 2020, paragraph 37). The Committee requests the Government: (i) to take concrete measures, including under the Revised National Gender Policy (2017), to address the structural causes of the gender pay gap, including occupational gender segregation of the labour market and the very low rates of remuneration for jobs predominantly occupied by women; and (ii) to provide information on the progress achieved. Recalling that the National Gender Policy 2013–17 provided for a monitoring and evaluation framework, the Committee once again requests the Government to forward a copy of any report assessing the impact of the policy as well as to provide information on any follow-up measures envisaged.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) received on 31 August 2019 and 20 January 2020.

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. Legislation. Referring to its previous comment, in which it noted the Government’s indication that section 5(1) of the Labour Act would be amended to incorporate all of the grounds enumerated in the Constitution, including the grounds of “place of birth” and “ethnic origin” which cover “national extraction”, the Committee notes with regret the Government’s indication, in its report, that the bill amending the Labour Act is still pending. In this regard, it notes the ZCTU’s indication that the bill has been on the Parliament’s agenda for the last three sessions. It further notes the Government’s reply that the labour inspectorate gives the following interpretation to the expressions contained in the Constitution: “nationality: the country of origin of the person/citizenship”; “ethnic origin: the ethnic/tribe group one belongs to”; and “place of birth: area/region in which a person was born”. The Committee urges the Government to take all the necessary steps with a view to: (i) enacting the draft Labour Bill in the near future; while (ii) ensuring that the Labour Act prohibits direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment. It requests the Government to provide information on any progress made in this regard and to provide a copy of the Labour Act once adopted. Recalling that the concept of “national extraction” does not only cover distinctions made on the basis of a person’s place of birth, ancestry or foreign origin, but also discrimination directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, the Committee requests the Government to provide information on the application in practice given to the expressions “nationality”, “ethnic origin” and “place of birth” listed in article 56 of the Constitution, such as extracts of relevant court decisions.

Articles 2 and 3. National policy to promote equality of opportunity and treatment for men and women. The Committee notes the ZCTU’s allegations that the National Gender Policy for 2013–17 has not been allocated a budget nor been implemented. The Committee also notes that the Government does not provide any information on the implementation of the National Gender Policy but states that the issue of gender has been mainstreamed as a cross-cutting issue in the National Development Strategy 1 (NDS1, 2021–2025). The Government indicates that, in order to enhance women’s participation in decision-making positions, 60 seats (out of the 270 seats) of the National Assembly are reserved for women, and that, following the elections in 2018, 86 seats were held by women. The Committee notes, from the Government’s report under the Equal Remuneration Convention, 1951 (No. 100), that it established the Zimbabwe Women Micro Finance Bank (ZWMB) in January 2017 to facilitate financial inclusion of women, and the Women Development Fund and Community Development Fund, a platform that provides loans to women’s community projects at concessionary rates. The Committee further notes, from the Government’s report under the United Nation’s Universal Periodic Review, that the 2019 Labour Force and Child Labour Survey estimated that there were overall employment and unemployment rates of 84 per cent and 16 per cent respectively. Among those who were employed, 57 per cent were male and 43 per cent were female. The unemployment rate for females (17.2 per cent) was slightly higher than for males (15.7 per cent). There was also a wide disparity on the Employment to Population Ratio, being at 44.4 per cent for males and 28.5 per cent for females. Among people who were employed at management level in the country, the proportion of women had increased to 33.7 per cent (from 27.9 per cent in the 2014 Labour Survey) (A/HRC/WG.6/40/ZWE/1, 9 November 2021, para. 108). The Committee also notes, from the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, the insufficient level of human, technical and financial resources allocated to the implementation of gender equality policies and plans, the absence of sectoral targets, benchmarks and effective coordination arrangements to guide implementation as well as the lack of information on the results and impact of the national gender policy (CEDAW/C/ZWE/CO/6, 10 March 2020, para. 19). While taking due note of the information provided by the Government, the Committee requests it to: (i) intensify its efforts to fully implement the National Gender Policy, by allocating it the necessary budget and taking effective measures to address past gender discrimination and enhance women’s economic empowerment and access to decision-making positions; and (ii) provide information on the measures taken and their impact in terms of equality of opportunity and equal treatment for men and women in employment and occupation. The Committee also asks the Government to provide: (i) detailed information on how equality of opportunity and treatment for men and women has been incorporated in the National Development Strategy 1, including on any relevant measures taken in its framework; (ii) information on the number of women who benefited from the Zimbabwe Women Micro Finance Bank or the Women Development Fund and Community Development Fund; and (iii) updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) of 31 August 2017, as well as the Government's reply received on 2 November 2017.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication, in its report, that the Gender Commission initiated an investigation into sexual harassment at tertiary institutions and is engaging with them to develop and implement a sexual harassment policy and adopt a zero tolerance attitude. It notes that, in its last concluding observations, the United Nations Committee on the Rights of the Child (CRC) remained concerned about the high number of girls suffering sexual abuse and harassment on the way to or from school, as well as in school, by both teachers and classmates (CRC/C/ZWE/CO/2, 7 March 2016, paragraph 68). It further notes the recommendation made in the context of the Universal Periodic Review by the United Nations Human Rights Council that the Government adopt measures to prevent and eliminate sexual violence against girls and women, ensuring that perpetrators are effectively held to account, including with full coordination by the Gender Commission which enjoyed the support of the Government (A/HRC/34/8, 28 December 2016, paragraphs 131 and 131.71). The Committee notes that the survey on the “Situational analysis of women in the informal economy in Zimbabwe”, published by the ILO in 2017, also demonstrates that women in the informal economy are in most cases subjected to sexual harassment by Zimbabwe Revenue Authority (ZIMRA) officials, municipal police, clients, service providers and fellow male informal workers. Victims of harassment find it difficult to report cases or seek recourse as they are already regarded as “illegal operators” by both the local authorities and the police (page 21). Given the serious impact of sexual harassment, which is a serious manifestation of sex discrimination, the Committee wishes to highlight the importance of taking effective measures to prevent and prohibit all forms of sexual harassment at work (see 2012 General Survey on the fundamental Conventions, paragraphs 789–794). Noting that national legislation does not contain any provision that refers explicitly to sexual harassment, the Committee hopes that the Government will take the opportunity of the current review of the Labour Act to include specific legislative provisions that: (i) clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment; (ii) provide access to remedies for all workers, men and women; and (iii) provide for sufficiently dissuasive sanctions and adequate compensations. It asks the Government to provide information on any progress made in this regard, as well as on the any measures taken to enhance women’s access to legal procedures, including the number of complaints concerning sexual harassment lodged, penalties imposed and compensation awarded. The Committee also asks the Government to provide information on the results of the investigation initiated by the Gender Commission on sexual harassment in tertiary institutions. Further, the Committee asks the Government to provide information on any measures taken to prevent and address sexual harassment in work places, including in the informal economy and to increase public awareness regarding sexual harassment, and of the procedures and mechanisms available for an aggrieved party to seek redress.

Workers with family responsibilities. The Committee previously referred to article 24(2) of the Constitution of 2013 which provides for the “implementation of measures such as family care that enable women to enjoy a real opportunity to work”. The Committee notes the Government’s indication that while article 24(2) acknowledges that at critical stages in the development of a child, for example during breastfeeding, women have a special need for protection, article 25 of the Constitution recognizes that men and women have similar family responsibilities. It notes the ZCTU’s indication that, according to the data available in 2016 from the Zimbabwe National Statistics Agency (ZIMSTAT), women continue to bear main responsibility for the work at home and perform most unpaid care work. The ZCTU regrets that no provision aimed at assisting workers with family responsibilities, such as paternity leave, was included in the bill amending the Labour Act. While noting the Government’s statement that it is convinced that the current measures on family responsibilities in the Labour Act are adequate as far as the Convention is concerned, the Committee notes that the Labour Act only provides for maternity leave and recalls that when legislation reflects the assumption that the main responsibility for family care lies with women or excludes men from certain rights and benefits, it reinforces stereotypes regarding the roles of women and men in the family and in society. The Committee considers that, in order to achieve the objective of the Convention, measures to assist workers with family responsibilities should be available to men and women on an equal footing (see 2012 General Survey, paragraph 786). Recalling that legislative or other measures assisting workers with family responsibilities are essential in promoting gender equality in employment and occupation, the Committee again asks the Government to provide information on any steps taken or envisaged pursuant to article 24(2) of the Constitution, and to indicate whether any consideration has been given to ensuring that measures to assist workers with family responsibilities are available to men and women on an equal footing.

Access to education and vocational training. The Committee notes the Government’s statement, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the introduction in 2016 of the Science, Technology, Engineering and Mathematics (STEM) 263 initiative, aimed at encouraging children and especially girls to pursue careers in these fields without fees, will help to address stereotypes which promote the exclusion of women and girls from science and technology education. While noting that the ZCTU welcomes this initiative, the Committee notes that in January 2018 the Government announced that the programme was suspended. It notes that, in its last concluding observations, the CRC expressed serious concern about the situation of girls, in particular adolescent girls, who suffer marginalization and gender stereotyping, which compromise their educational opportunities. The CRC remained concerned about the low quality of education; the high rate of girls dropping out of school, especially at the secondary and tertiary levels, owing to early marriage, teenage pregnancy, discriminatory traditional and cultural practices and poverty; as well as by the reported use of some schools by militia groups as bases and for political purposes (CRC/C/ZWE/CO/2, 7 March 2016, paragraphs 28 and 68). The Committee further notes the ZCTU’s indication that educational levels are high, while the last Labour Force Survey published in March 2015 by ZIMSTAT shows that about 83 per cent of the labour force is unskilled, the majority of whom are women. The Committee asks the Government to provide information on the concrete steps taken to enhance access for girls and women to education and vocational training, especially in areas traditionally dominated by men, as well as on their impact in improving equality of opportunity and treatment between men and women in employment and occupation. It asks the Government to provide further information on the STEM 263 initiative, including data on the number of boys and girls enrolled in the programme, as well as on its impact in addressing gender stereotypes in education. The Committee further asks the Government to provide updated statistical information on the number of men and women enrolled in particular courses of education and vocational training.

Articles 2 and 3(d). Public service. With respect to the Public Service Act of 1995, which only prohibits discrimination in recruitment and promotion and does not cover all of the grounds listed in the Convention, the Committee previously noted the Government’s indication that it was in the process of harmonizing labour legislation between the private and public sectors in order to give effect to Articles 2 and 3(d) of the Convention. While noting that the Government does not provide any information in this regard, the Committee notes the Government’s indication that the Principles for the amendment of the Act, in order to include measures to give effect to article 17 of the Constitution by promoting gender balance, have been approved by Cabinet thus paving the way for the drafting of the amendment bill. The Committee welcomes the efforts made by the Civil Service Commission to increase the representation of women in its decision-making positions and notes the statistical information forwarded by the Government, according to which women represent 29.7 per cent of heads of ministries but only 15.9 per cent of councillors in local authorities. It notes the Government’s indication that the Gender Commission is currently undertaking a baseline survey within the public sector to determine the level of compliance with the gender parity principles provided for in the Constitution. The Committee asks the Government to continue to provide information on any steps taken and the results achieved in increasing the access of women in the public service, including in decision-making positions, and to attain equal representation in all institutions and agencies of government at every level, as provided for in article 17(1)(b) of the Constitution and the National Gender Policy. It asks the Government to continue to provide statistical information on the number of civil servants, disaggregated by sex, category and position. The Committee again asks the Government to identify any progress made in the review process of the Public Service Act, in collaboration with the social partners, and more particularly in harmonizing the legislation for the public and private sectors, and introducing non-discrimination provisions in accordance with the Convention.

Article 5. Affirmative action. Referring to its previous comments on article 56(2) of the Constitution which provides that the State must take legislative and other measures to promote equality and protect or advance people or groups of people who have been disadvantaged by past unfair discrimination, the Committee notes that the Government does not provide information in this regard. While noting that the revised version of the National Gender Policy also refers to affirmative action to be taken to advance men or women disadvantaged by previous unfair discrimination, the Committee again asks the Government to identify the steps taken or envisaged, including measures pursuant to article 56(2) of the Constitution and the National Gender Policy, towards the formulation and implementation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the grounds set out in the Convention.

Enforcement. Referring to the comments made on the Gender Commission under its observation, the Committee notes the Government’s statement that no reportable case has so far been handled by the Gender Commission or the Human Rights Commission so far. The Committee asks the Government to provide information on any activities undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principles of the Convention, including the establishment of the Gender Commission, and to provide information on any activities undertaken in this regard. It asks the Government to provide information on the number, nature and outcomes of any cases of discrimination in employment and occupation addressed by the competent authorities, including the labour inspectorate, the Gender Commission, the Human Rights Commission and the courts.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) of 31 August 2017, as well as the Government's reply received on 2 November 2017.

Articles 2(2)(c) and 4 of the Convention. Application of the Convention through collective agreements. Cooperation with employers’ and workers’ organizations. The Committee recalls that collective agreements are a key means of implementing the principle of equal remuneration between men and women for work of equal value and that collective bargaining has been identified as an important factor in reducing the gender pay gap and can therefore play a crucial role in the implementation of the Convention (see 2012 General Survey on the fundamental Conventions, paragraph 662). Referring to its last comment on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) where it welcomed the various tripartite activities conducted with the support of the Office to promote collective bargaining, the Committee requests the Government to indicate the manner in which collective agreements address the issue of equal remuneration for men and women, by providing copies of the relevant provisions of collective agreements currently in force. It further requests the Government to take specific steps to raise the awareness of the employers’ and workers’ organizations regarding the issue of wage disparities between men and women and how they can be reduced.

Article 3. Job evaluation. The Committee notes the Government’s indication, in its report, that the most widely used job evaluation system, both in the public and private sectors, is the Paterson System according to which job evaluation is mainly based on the criterion of the level of decision-making involved. The Committee however recalls that whatever methods are used for objective evaluation of jobs, care must be taken to ensure that they are free from gender bias. The effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare 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/qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. The Committee further recalls that 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, paragraphs 695 and 701). The Committee requests the Government to provide updated information on any job evaluation exercise undertaken in the public sector, indicating the criteria used and the measures taken to ensure that men and women receive equal remuneration for work of equal value. It further requests the Government to provide information on any measures taken to promote the use of objective job evaluation methods and criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, in the private sector, including information on the cooperation with employers’ and workers’ organizations in this regard.

Awareness raising and enforcement. The Committee notes the Government’s indication that some education institutions are offering courses on gender issues. While noting the Government’s general indication that during labour inspections, inspectors collect information through a standardized form on industry classification and the applicable collective agreement to check whether employees are paid the same wages, the Committee regrets that the Government does not provide any information on the number and outcomes of the labour inspections carried out. Referring to its last comment on the Labour Inspection Convention, 1947 (No. 81), the Committee further notes the ZCTU’s statement that labour inspections are still minimal owing to a lack of resources, technical equipment and staff. The Committee again requests the Government to provide information on the number of inspections carried out and cases concerning inequality of remuneration detected by or reported to labour inspectors, or dealt with by the Ombudsman, courts or any other competent authorities, as well as any administrative or judicial decision taken in this regard, particularly in order to enforce section 5(2)(a) of the Labour Act. The Committee requests the Government to take appropriate measures to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention and to provide information on any activities undertaken in this regard. It further requests the Government to indicate whether specific measures have been taken to strengthen the labour inspectorate, as well as to provide information on any training activities undertaken for labour inspectors and magistrates to enhance their capacity to detect and address unequal pay.

Statistics. The Committee notes the Government’s statement that it is continuing its efforts to set up a comprehensive Labour Market Information System where labour market statistics will be easily accessible and that it continues to seek ILO technical assistance in this regard. The Committee notes the Government’s indication that, with the assistance of the ILO, it has already been able to publish labour market bulletins twice a year. Referring to its previous comments on the goal expressed in the National Gender Policy to develop and implement a specific framework to monitor gender disparities, the Committee requests the Government to provide information on any steps taken to this end. The Committee further requests the Government to provide updated information on any progress made in collecting, processing, and analysing statistical data on earning differentials between men and women in the various sectors and categories of employment, as well as any data available, disaggregated by sex, that show the nature, extent and evolution of the gender pay gap.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) of 31 August 2017, as well as the Government’s reply received on 2 November 2017.

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. Legislation. The Committee previously noted that while the Labour Act does not prohibit discrimination on the grounds of national extraction and social origin, which are listed in Article 1(1)(a) of the Convention, article 56 of the Constitution of 2013 includes “social origin” but refers only to the grounds of “nationality” and “place of birth” without expressly referring to the ground of “national extraction”. The Committee notes the Government’s indication, in its report, that the grounds of “place of birth” and “ethnic origin” listed in article 56 of the Constitution cover “national extraction”, and that section 5(1) of the Labour Act will be amended to incorporate all the grounds enumerated in the Constitution. The Committee notes the ZCTU’s indication that it hopes that in its instruction to the Attorney General the Government will ensure that “national extraction” and “social origin” are included in the bill amending the Labour Act, as agreed by the social partners in the framework of the Tripartite Negotiating Forum (TNF). In light of the review of the Labour Act, the Committee trusts that the Government will take all the necessary steps to ensure that the Labour Act will prohibit direct and indirect discrimination on at least all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction and social origin, for all workers and with respect to all aspects of employment, and requests the Government to provide information on any progress made in this regard. It further requests the Government to provide information on the interpretation made by the labour inspectorate of the expressions “nationality”, “ethnic origin” and “place of birth” listed in article 56 of the Constitution and on their application in practice.

Articles 2 and 3. National policy to promote equality of opportunity and treatment between men and women. The Committee takes note of the revised version of the National Gender Policy for 2013–17, forwarded by the Government, which includes new priority areas, namely “gender and disability”, and “gender, culture and religion”. It notes however that no change was introduced in the previously planned strategies to promote equality and equity in access to economic opportunities for men and women, and to ensure access in training opportunities for men and women with a view to improving their equal participation in the workplace, the labour market and in public administration. The Committee notes the Government’s general statement that there has been progress in relation to the promotion of equality of opportunity and treatment between men and women in the context of the implementation of the National Gender Policy. The Government adds that through the revised National Gender Policy, a monitoring and evaluation framework dealing specifically with gender equality and women’s empowerment is being finalized to enable the national gender machinery to monitor and assess the implementation of national, regional and international commitments taken in this area. The Committee notes, however, that, in the ZCTU’s view, no improvement has been made with respect to gender equality in employment and occupation. The Committee notes that, according to the last Zimbabwe Demographic Health Survey (ZDHS) – a sample survey conducted in 2015 by the Government – the employment rate of women increased from 37 per cent in 2010–11 to 41 per cent in 2015 (against 65 per cent for men), with women being mostly concentrated in the sales and services sector (49 per cent against 36 per cent in 2010–11), followed by the agriculture sector (18 per cent against 21 per cent in 2010–11). Referring to its comments on the Equal Remuneration Convention, 1951 (No. 100), the Committee notes, however, the ZCTU’s indication that, according to the data available in 2016 from the Zimbabwe National Statistics Agency (ZIMSTAT), only 14 per cent of economically active women were in paid employment (against 30 per cent of men), since the majority of women are unemployed, underemployed or employed in the informal economy. The Committee requests the Government to provide information on the specific steps taken as a result of the implementation of the National Gender Policy concerning the areas of employment, education and training, as well as on any review undertaken to assess the implementation of the Policy, including as a result of the monitoring and evaluation framework dealing specifically with gender equality and women’s empowerment. It further requests the Government to provide information on any positive measures adopted to address past gender discrimination and enhance women’s economic empowerment and access to decision-making positions, and their impact on improving equality of opportunity and equal treatment between men and women in employment and occupation. The Committee requests the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions.

Gender Commission. Referring to its previous comments on article 245 of the Constitution of 2013, which provides for the establishment of the Gender Commission, the Committee notes with interest the adoption of the Gender Commission Act (Chapter 10:31), enacted in 2016, which operationalizes the Commission and provides that it can, inter alia, receive and handle public complaints on gender-based discrimination and recommend appropriate redress. It can also investigate any systemic barrier to gender equality and report to Parliament on the nature, extent and consequences of such barrier, identifying any legislative, administrative or other practical reform that should be taken to remedy the situation (sections 4–7). The Committee further notes that the Commission is required to organize a Gender Forum to discuss any issue related to its functions annually (section 8). The Committee notes that in 2017 capacity-building activities on international labour standards and gender equality were undertaken by the ILO within the Gender Commission in order to enable it to better promote gender equality and non-discrimination within the country. It notes the Government’s indication that as a result the Commission held various awareness-raising and capacity-building activities, both at national and community levels, on gender equality and women’s economic empowerment, particularly at the decision-making level. It further notes that the Commission has developed an investigations and complaints handling manual to guide its investigative functions. The Committee notes, however, that while welcoming the establishment of the Gender Commission, the ZCTU highlights the absence of any effective activities by the Commission in the fields of employment and occupation. Noting the Government’s statement that no case has yet been handled by the Gender Commission, the Committee hopes that the Government will take the necessary steps to fully operationalize the Gender Commission. It also requests the Government to provide information on the number, nature and outcome of any cases of discrimination in employment and occupation addressed by the Commission, and to provide a copy of the investigations and complaints handling manual. It further requests the Government to provide information on any systemic barriers to gender equality investigated and reported to Parliament, particularly in the fields of employment and occupation. It requests the Government to continue to provide information on the activities of the Gender Commission, including on the specific awareness raising activities undertaken, with regard to discrimination in employment and occupation, among public officials, employers, workers, and their respective organizations, including in the framework of the annual Gender Forums or otherwise.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Zimbabwe Congress of Trade Unions (ZCTU) of 31 August 2017, as well as the Government’s reply received on 2 November 2017.

Article 1 of the Convention. Work of equal value. The Committee has been referring for a number of years to section 5(2)(a) of the Labour Act which provides for equal remuneration between men and women for work of equal value but defines “work of equal value” as meaning “work that involves similar or substantially similar skills, duties, responsibilities and conditions”, which could unduly restrict the scope of comparison of jobs performed by men and women. The Committee notes the Government’s indication, in its report, that an agreement was reached with the social partners to amend the definition of “work of equal value” and that a draft bill amending the Labour Act is being elaborated, inter alia, to ensure that “work of equal value” has a broader scope as provided for in the Convention. While recalling its previous comments on article 65(6) of the Constitution, which only provides for equal remuneration for “similar work” and thus did not fully reflect the concept of “work of equal value”, the Committee notes the ZCTU’s statement that the draft bill provides that “equal remuneration for men and women workers for work of equal value refers to the rate of remuneration established without basing on gender” which in ZCTU’s view does not address the concerns previously raised by the Committee. The Committee notes that the Government encourages the ZCTU to bring this issue before the Tripartite Negotiating Forum (TNF) as the draft bill will take into consideration all the concerns expressed by the tripartite partners. While noting that the provision in the draft bill does not seem to define what should be considered as “work of equal value”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value” as provided for under the Convention is fundamental to tackling occupational sex segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same”, or “similar” work, but also encompassing work of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). In light of the ongoing legislative developments, the Committee trusts that the Government will take the opportunity of the amendment of the Labour Act to effectively consider the concerns raised by the Committee, for a number of years, in order to ensure that the principle of equal remuneration for men and women for work of equal value will be fully reflected in the national legislation, and that the final text of the Labour Act will allow for the comparison not only of work that involves similar qualifications and skills, effort, responsibilities and conditions of work, but also of work of an entirely different nature which is nevertheless of equal value. The Committee requests the Government to provide information on any progress made in this regard.

Article 2. Measures to address the gender pay gap. The Committee previously noted the continuing vertical and horizontal occupational segregation, as well as the persistent gender pay gap with women being concentrated in low-paying jobs, mostly in the agriculture and private domestic sectors. Referring to its previous comments on the National Gender Policy (2013–17) which provides for a strategy to advocate equity in formal employment and remuneration, and mechanisms that increase opportunities for women’s employment, the Committee notes the Government’s general indication that the Ministry of Public Service, Labour and Social Welfare is working towards ensuring equal opportunities for men and women in the labour market. The Committee however notes the ZCTU’s statement that no tangible progress has been made with regard to the gender pay gap, and that comprehensive measures must be taken by the Government to address the real causes of the gender pay gap. It notes the ZCTU’s indication that, according to the data available in 2016 from the Zimbabwe National Statistics Agency (Zimstat), only 14 per cent of economically active women were in paid employment (against 30 per cent of men), as the majority of women are unemployed, underemployed or employed in the informal economy. The Committee notes that, according to the last Labour Force Survey, published in March 2015 by the Zimstat, the share of informal employment of total employment increased from 84.2 per cent in 2011 to 94.5 per cent in 2014, and it was estimated that women still accounted for 52.4 per cent within the informal economy. It also notes that the survey on the “Situational analysis of women in the informal economy in Zimbabwe” published by the ILO in 2017, highlighted that women employed in the informal economy receive only low and irregular incomes as it was estimated that 61.3 per cent of women in the informal economy were earning below US$100 per month (pages 11–12). The Committee requests the Government to provide detailed information on any measures taken in the context of the National Gender Policy (2013–17) or otherwise to advocate equity in remuneration and address the structural causes of the gender pay gap, including occupational gender segregation of the labour market and the low rates of remuneration for jobs predominantly occupied by women. Noting that the National Gender Policy 2013–17 provides for a monitoring and evaluation framework, the Committee requests the Government to forward a copy of any report assessing the impact of the policy as well as to provide information on any follow-up measures envisaged.

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

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

Article 1 of the Convention. Work of equal value. The Committee has been requesting the Government for a number of years to amend the Labour Act in order to ensure that the “concept of work of equal value” is expressed in terms consistent with the Convention and in a non-restrictive manner. The Committee notes with regret that the Government did not take the opportunity to give full expression to the principle of the Convention in the new Constitution of 2013, which provides only that “women and men have a right to equal remuneration for similar work” (article 65(6)). The Committee recalls that the concept of “work of equal value” as provided under the Convention implies a broad scope of comparison, not only including equal remuneration for “equal,” “the same,” or “similar” work, but also encompassing work of an entirely different nature which is nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Government’s report indicates that the definition of “work of equal value” set out in section 2 of the Labour Act will be amended during the on-going review of the labour laws. The Committee asks the Government to take the necessary steps to ensure that the final text of the Labour Act will allow for the comparison not only of work that involves similar skills, duties, responsibilities, and conditions, but also of work of an entirely different nature which is nevertheless of equal value. Please indicate any progress made in this regard.

Article 2. Measures to address the gender pay gap. The Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) has expressed concern at the “continuing vertical and horizontal occupational segregation and the persistent wage gap between women and men,” (CEDAW/C/ZWE/CO/2-5, 23 March 2012, paragraph 31). CEDAW also previously noted the low salaries provided for jobs in which women predominate, including the private domestic sector and the agricultural, forestry, and farming industries (CEDAW/C/ZWE/2-5, 22 November 2010, paragraph 182). The Committee further notes that the document on the National Gender Policy (2013–17) indicates that 70 per cent of workers in agriculture where the lowest wages are provided, are women; the real income of women is three times less than that of men, and women have a higher structural unemployment rate. It notes that the National Gender Policy provides for a strategy to advocate equity in formal employment and remuneration, and mechanisms that increase opportunities for women’s employment. The Committee asks the Government to provide information on the measures taken or envisaged, in the context of the National Gender Policy or otherwise, to advocate equity in remuneration and address the structural causes of the gender pay gap, including occupational gender segregation of the labour market and the low rates of remuneration for jobs predominantly occupied by women.

Article 3. Job Evaluation. The Government’s report indicates that in the public sector the Patterson System of Job Evaluation is being used and that in the private sector use is either made of this or the Castellion System of Job Evaluation. In its 2012 General Survey, paragraph 701, the Committee emphasizes that whatever methods are used for the objective evaluation of jobs, 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 weighing of such factors and the actual comparison carried out are not discriminatory, either directly or indirectly. The Committee asks the Government to provide detailed information on how it is ensured that the job evaluation method used in the public sector is free from gender bias and does not involve direct or indirect discrimination based on sex. The Committee also asks the Government to indicate the measures taken, in cooperation with workers’ and employers’ organizations, to promote the development and use of objective job evaluation methods which are free from gender bias in the private sector, and to provide information on any progress made or difficulties encountered in this regard.

Enforcement. The Committee notes the general information provided by the Government regarding measures taken to raise awareness of legislation relevant to the Convention, including holding training sessions for employer and worker representatives. The Government also indicates generally that workplace inspections have been conducted. The Committee asks the Government to provide information on the manner in which labour inspectors are able to identify wage discrimination and unequal pay between men and women, and to provide details of the results of labour inspections (number of workplaces visited and men and women workers covered, infringements, reports, sanctions imposed, etc.) in order to enforce section 5(2a) of the Labour Act. The Committee again asks the Government to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistics. The Government indicates that challenges remain regarding the collection of statistics due to the lack of a comprehensive labour market information system, and that the Government continues to seek ILO technical assistance in this regard. The Committee also notes the goal expressed in the National Gender Policy to develop and implement a framework to monitor gender disparities. The Committee asks the Government to provide updated information on any progress made towards collecting, processing, and analysing statistical data on pay differences between men and women in the various sectors and categories of employment, and to submit any data available, disaggregated by sex, that show the nature, extent and evolution of the gender pay gap.

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

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. The Committee recalls that the Labour Act does not prohibit discrimination on the grounds of national extraction and social origin and that the Zimbabwe Congress of Trade Unions considered that the Act should prohibit discrimination on these grounds as well as on the grounds of socio-economic status and marital status. The Committee notes that article 56 of the new Constitution of 2013 expressly recognizes the right of persons not be subjected to direct or indirect discrimination “on such grounds as their nationality, race, colour, tribe, place of birth, ethnic or social origin, language, class, religious belief, political affiliation, opinion, custom, culture, sex, gender, marital status, age, pregnancy, disability or economic or social status, or whether they were born in or out of wedlock”. The Committee notes that while this list includes the previously omitted grounds of religion and social origin, it does not expressly refer to the ground of national extraction, which is listed in Article 1(1)(a) of the Convention. The Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants, or persons belonging to groups of different national extraction living in the same State (see General Survey on the fundamental Conventions, 2012, paragraph 764). The Committee requests the Government to indicate whether the prohibited grounds of nationality and place of birth in the new Constitution intend to cover national extraction, and also requests it to clarify the relationship between section 5(1) of the Labour Act and article 56 of the new Constitution. Noting the Government’s indication that the prohibited grounds of discrimination will be discussed in national consultations as part of the amendment process of the Labour Act, the Committee hopes the Government will take this opportunity to ensure that the Labour Act will prohibit direct and indirect discrimination on at least all of the grounds enumerated in Article 1(1)(a) of the Convention and article 56 of the new Constitution, including national extraction, and social origin, for all workers and with respect to all aspects of employment.

Articles 2 and 3. National policy to promote equality of opportunity and treatment for men and women. The Committee notes the firm commitment to gender equality under the new Constitution 2013 including positive measures by the State to remedy past gender discrimination. The Committee also notes the new National Gender Policy (2013–17) according to which in 2011 the total employment to population ratio was 72.3 per cent for women compared with 83.9 per cent for men; 70 per cent of agricultural workers were women and, in 2010–11, only 37 per cent of women as compared to 62 per cent of men were formally employed. The National Gender Policy contains detailed strategies to promote equality and equity in access to economic opportunities for men and women and to ensure access in training opportunities for men and women with a view to improving their equal participation in the workplace, the market and government. The National Gender Policy also provides for a set of indicators to monitor achievements and a mid term and end of term review of the Policy in 2015 and 2017. The Committee requests the Government to provide detailed information, including statistics disaggregated by sex, on the implementation of the National Gender Policy concerning the areas of employment, education and training, as well as on the outcome of the mid-term and end-of-term review of the Policy and any recommendations arising from this assessment. The Committee also requests the Government to provide information on any positive measures adopted to address past gender discrimination and improve the situation of women in the labour market, and results achieved.

Workers with family responsibilities. The Committee notes that the new Constitution provides that “all institutions and agencies of government at every level must endeavour to secure … the implementation of measures such as family care that enable women to enjoy a real opportunity to work” (article 24(2)). The Committee requests the Government to provide information on any measures taken or envisaged pursuant to article 24(2) of the Constitution. Recalling that measures reflecting the assumption that the main responsibility for family care lies with women reinforce or prolong stereotypes regarding the roles of women and men in the family and in society, the Committee also requests the Government to indicate whether any consideration has been given to ensure that measures to assist workers with family responsibilities are available to men and women on an equal footing.

Articles 2 and 3(d). Public service. With respect to the Public Service Act of 1995, which only prohibits discrimination in recruitment and promotion and does not cover all of the grounds listed in the Convention, the Committee notes the Government’s indication that it is in the process of harmonizing labour legislation between the private and public sectors in order to give effect to Articles 2 and 3(d) of the Convention. Particular attention shall be given to equality of opportunity and treatment of men and women. The Government also indicates that the Civil Service Commission has measures in place to ensure employment of women and that the recruitment policy outlines how gender equality should be achieved when advertising posts. The Committee further notes that article 17(1)(b) of the Constitution requires the Government to “take all measures, including legislative measures, needed to ensure that: (i) both genders are equally represented in all institutions and agencies of government at every level; and (ii) women constitute at least half the membership of all Commissions and other elective and appointed governmental bodies”. Furthermore, the Committee notes that the National Gender Policy, which indicates that gender disparities remain in public service institutions, contains strategies to create a supportive environment to gender parity in decision-making positions. The Committee requests the Government to provide information, including statistics disaggregated by sex, on any measures taken and results achieved to increase the access of women in the public service, including in decision-making positions, and to attain equal representation in all institutions and agencies of government at every level, as provided for in article 17(1)(b) of the Constitution. The Committee also requests the Government to continue to indicate any progress made in harmonizing the legislation for the public and private sectors, and introducing non discrimination provisions in accordance with the Convention.

Affirmative action. The Committee notes that article 56(2) of the Constitution provides that the State must take legislative and other measures to promote equality and protect or advance people or groups of people who have been disadvantaged by past unfair discrimination. The Committee requests the Government to indicate the measures taken or envisaged, including measures pursuant to article 56(2) of the Constitution, towards the formulation and implementation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the grounds covered by the Convention, as required by Article 2 of the Convention.

Enforcement. The Committee notes the Government’s statement that information on cases relating to discrimination in employment and occupation addressed by administrative or judicial bodies is currently unavailable. The Committee notes that the Gender Commission once established will be responsible for monitoring the implementation of the gender equality provisions in the Constitution and investigating complaints regarding possible violations of rights relating to gender. The Committee reiterates its request for the Government to provide information on any cases addressed by the competent authorities with regards to discrimination in employment and occupation, including any cases handled by the Gender Commission, once established, and the Human Rights Commission.

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

Articles 1 and 2 of the Convention. The Committee notes with interest the adoption of a new Constitution in March 2013, which introduces a range of provisions relevant to the Convention. In particular, the Committee notes the provisions regarding equality of opportunity and treatment between men and women (articles 17(1)(a), 56(2) and 80(1)), measures for the equal representation of women and men in governmental bodies (articles 17(1)(b) and 124(1)(b)), positive measures to address past gender discrimination and imbalances (article 17(2)), affirmative action programmes for youth, and vocational guidance, education and training of persons with disabilities (articles 20(1)(c) and 24(2)(c)), the prohibition of direct and indirect discrimination and the expanded list of prohibited grounds of discrimination (article 56(3)), as well as the positive duty on the State to promote equality and protect or advance those who have been disadvantaged by unfair discrimination (article 56(6)). The Committee also notes that under article 85(1)(a), any person is entitled to approach a court alleging that a fundamental right or freedom enshrined in Chapter 4 has been, is being or is likely to be infringed, and the court may grant appropriate relief. The new Constitution also provides for the establishment of the Zimbabwe Gender Commission (article 245), which has advisory and promotional functions regarding gender equality and can receive and investigate complaints concerning gender discrimination. The Committee notes that the Bill providing for the Commission’s establishment has been submitted to Parliament. The Committee requests the Government to provide information on the legislative and policy changes relating to equality of opportunity and treatment between women and men in employment and occupation resulting from the new Constitution. The Committee also requests the Government to provide information on any progress made in establishing the Zimbabwe Gender Commission, as well as on the activities of the Commission once it has been established.

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

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

Article 1 of the Convention. Work of equal value. The Committee has been referring for a number of years to the fact that the definition of “work of equal value” provided for in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills, duties, responsibilities and conditions” could unduly restrict the scope of comparison of jobs performed by men and women and has therefore requested the Government to amend the provision. Noting the Government’s indication that the Labour Act is in the process of being amended, and thus the amendment of section 2(a) will be considered, the Committee asks the Government to provide information on any developments concerning the amendment of section 2(a), which will ensure that the concept of work of equal value is expressed in section 5(2a) in terms consistent with the Convention and not in a restrictive manner.

Article 3. Job evaluation. The Committee asks the Government to continue to provide updated information on the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors. It asks the Government to provide more detailed information on how it promotes gender-sensitive job evaluation in the context of the National Gender Policy.

Enforcement. Recalling the importance of raising awareness of the legislation among workers and employers and their organizations, the Committee asks the Government to indicate any measures taken in this regard and to continue to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistical information. The Committee asks the Government to continue to make every effort to strengthen the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard.

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

Article 1(1)(a) and (b) of the Convention. Grounds of discrimination. The Committee notes the communication from the Zimbabwe Congress of Trade Unions (ZCTU), dated 21 September 2009, indicating that the Labour Act should prohibit discrimination on the grounds of social or economic status, marital status, sex, religion and national extraction. The Committee recalls that section 5(1) and (2) of the Labour Act prohibits discrimination on the grounds of race, tribe, place of origin, political opinion, colour, creed, gender, pregnancy, HIV/AIDS status and disability in all aspects of employment and occupation. Noting the Government’s indication that the Labour Act is in the process of amendment, the Committee requests the Government to provide information on any developments in this regard, and hopes the Government will take the opportunity to ensure that at least all the grounds enumerated in Article 1(1)(a) of the Convention are addressed in the legislation, thus necessitating the addition of the grounds of religion, national extraction and social origin. The Committee also requests the Government to indicate whether the grounds of social or economic status and marital status will also be included in the amended law as prohibited grounds of discrimination.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee notes the Government’s indication that, as a result of the National Gender Policy, job advertisements now specifically encourage women to apply. Moreover, in collaboration with the Ministry of Women Affairs, Gender and Community Development and non-governmental organizations, the United Nations Development Programme (UNDP) has carried out some sensitization activities on gender issues addressed to members of Parliament, academia and journalists, and it has finalized a needs assessment report on the participation of women in entrepreneurial activities. The Committee requests the Government to continue to provide updated information on the measures taken to implement the national gender policy, including specific information on the results achieved. Please also provide information on any other measures taken or envisaged to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including awareness-raising and promotional activities.

Articles 2 and 3(d). Application in the public service. Noting that the Government’s report does not contain any information on this point, the Committee once again requests the Government to provide detailed information on the measures taken or envisaged to introduce non-discrimination provisions in accordance with the Convention. It also requests the Government to take proactive measures to ensure access of women to public service employment at all levels and to indicate the progress made in this regard.

Enforcement. The Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation that have been addressed by the competent administrative or judicial bodies.

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

Article 1 of the Convention. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee previously considered that this definition of “work of equal value” could unduly restrict the scope of comparison of jobs performed by men and women. Although the Government reiterates in its report that neither women nor men are in any way prejudiced in the application of the concept of equal value, the Committee remains concerned over the definition contained in section 2(a) of the Labour Act. The Committee recalls its 2006 general observation, stressing the importance of ensuring that legal provisions are not narrower than the principle of equal remuneration for men and women for work of equal value. The Committee stated in the general observation that legal provisions which are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “equal pay for work of equal value”. The Committee, therefore, asks the Government to take the necessary steps to amend section 2(a) of the Labour Act to ensure that the concept of work of equal value reflected in section 5(2a) is not understood and applied in a restrictive manner. Please indicate the steps taken or envisaged in this regard.

Article 3. Job evaluation. The Committee notes that a job evaluation exercise is currently being carried out in the public service. The results of the job evaluation undertaken in the motor industry are not yet available. The Committee also notes the Government’s indication that the National Gender Policy contributed to gender sensitive job evaluation. The Committee asks the Government to continue to provide updated information on the measures taken to promote the development and use of objective job evaluation methods in the private and public sectors. It asks the Government to provide more detailed information on how it promotes gender-sensitive job evaluation in the context of the National Gender Policy.

Enforcement. Noting the Government’s indication that during the reporting periods there were no known cases of violations of section 5(2a) of the Labour Act, the Committee wishes to stress the importance of raising awareness of the legislation among workers and employers and their organizations. It asks the Government to indicate any measures taken in this regard and to continue to provide information on any administrative or judicial decisions concerning equal remuneration under section 5(2a).

Statistical information. The Committee asks the Government to continue to make every effort to strengthen the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard.

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

Articles 1, 2 and 3(d) of the Convention. Application in the public service. The Committee notes the Government’s indication that the revision of the Public Service Act was still under way and that the issue of representation of more women in high grades in the public sector in under consideration by the relevant authorities. The Committee hopes that the Government will take the Public Service Act revision as an opportunity to strengthen its provisions on equal opportunity and treatment which currently only prohibit discrimination in recruitment and promotion and do not cover all the grounds listed in Article 1(1)(a) of the Convention. The Committee recalls that, in accordance with the Convention, equality of opportunity and treatment must be ensured in respect of all aspects of employment, including training and all terms and conditions of employment and that, as a minimum, all the grounds listed in Article 1(1)(a) should be addressed. The Committee requests the Government to continue to provide detailed information on the measures taken or envisaged to introduce non-discrimination provisions in accordance with the Convention. It also requests the Government to take proactive measures to ensure access of women to public service employment at all levels and to indicate the progress made in this regard.

Articles 2 and 3. National policy to promote equality in employment and occupation. The Committee recalls its previous comments on the National Gender Policy. The Committee requests the Government to provide updated information on the status and implementation of the Policy including information on how it has helped promote women’s equality in employment and occupation. Please also provide information on any other measures taken or envisaged to promote and ensure equality of opportunity and treatment of men and women in employment and occupation, including awareness raising and promotional activities.

Enforcement. The Committee requests the Government to provide information on any cases concerning discrimination in employment and occupation that have been addressed by the competent administrative or judicial bodies.

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

The Committee recalls the communication of the Zimbabwe Congress of Trade Unions (ZCTU) dated 1 September 2006, and notes the Government’s reply thereto dated 10 January 2007.

1. Discrimination against women. The ZCTU had raised concerns regarding discrimination against women in access to certain benefits, including maternity leave, particularly as many women are contract workers, seasonal workers and domestic workers. The Committee notes the Government’s indication that with respect to maternity benefits for public servants, the Public Service Act is being amended, and will be brought into conformity with international labour standards. The Committee requests the Government to keep it informed of the status of the amendments to the Public Service Act, and also to indicate how female contract workers, seasonal workers and domestic workers are protected against discrimination.

2. Discrimination on the basis of political opinion. The Committee notes that the ZCTU submits that discrimination based on political opinion has been practised by government-owned or quasi-government companies. ZCTU refers to dismissals, victimization and demotions due to political opinion. The Government states that the ZCTU has not provided sufficient details to allow it to reply. Bearing in mind  that the Committee has raised concerns for a number of years regarding discrimination on the ground of political opinion, and given the serious nature of these allegations, the Committee urges the Government to take specific measures to ensure that in practice no discrimination based on political opinion or affiliation is permitted, and that any such act of discrimination is duly sanctioned and appropriate remedies provided.

3. The Committee requests the Government in its next report to address the issues raised above as well as the points set out in its 2006 direct request.

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

1. Article 1. Work of equal value. The Committee recalls that “work of equal value” is defined in section 2(a) of the Labour Act as meaning “work that involves similar or substantially similar skills duties, responsibilities and conditions”. The Committee notes the Government’s confirmation that “similar or substantially similar” means “equivalent” for the purpose of the application of the Convention. The Committee recalls that the principle of equal remuneration for men and women for work of equal value, as set out in the Convention, requires that equal remuneration is not only paid to men and women performing the same work, but also to men and women who perform different work which is nevertheless of equal value. Considering that the definition of “work of equal value” as set out in the legislation may unduly restrict the scope of comparison of jobs performed by men and women, the Committee asks the Government to indicate whether, under the legislation in force, equal pay claims can be brought using as a comparator a person of the opposite sex who performs work involving different skills, duties, responsibilities and conditions, but which is nevertheless considered to be of equal value.

2. Article 3. Job evaluation. The Committee notes from the Government’s report that no appeals alleging unequal remuneration for men and women for work of equal value have been lodged after the recent job evaluation exercise carried out by the Public Service Commission. With regard to the private sector, the Committee notes that the job evaluation exercise carried out by the National Employment Council for the motor industry led to the establishment of an 11 grade structure applied to all workers covered by the collective bargaining agreement applicable to that industry. The Committee asks the Government to continue to provide information on any future job evaluation exercise in the public service and the measures taken to ensure that, in this context, respect for the principle of equal remuneration for men and women for work of equal value is ensured. With regard to the private sector the Committee asks the Government to provide the results of the audit of the job evaluation system in the motor industry mentioned in the Government’s report, as soon as available. It also asks the Government to continue to provide information on the measures taken or envisaged to promote the use of job evaluation methods that are free from gender bias in the private sector, including information on the cooperation with employers’ and workers’ organizations in this regard.

3. Parts IV and V of the report form. The Committee notes the Government’s indication that the Office of the Ombudsman was carrying out awareness-raising activities to publicize its functions throughout the country. The Committee asks the Government whether any of these activities specifically promote the principle of equal remuneration. Please also indicate the number of cases concerning violations of section 5(20) of the Labour Act that have been addressed by the competent authorities.

4. Statistics. The Committee notes that the Government has submitted a project proposal to the ILO for the creation of a labour market database. It asks the Government to make every effort to ensure strengthening of the collection, processing and analysis of data concerning the remuneration received by men and women with a view to assessing the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors. Please indicate any progress made in this regard in the next report.

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

1. Application of the Convention in occupations outside the employment relationship. In its previous comments, the Committee requested the Government to provide information on how persons who are not employed and work outside an employment relationship are protected from discrimination. The Committee notes from the information provided in the Government’s report that there may be misunderstandings as to the Convention’s scope of application. The Committee recalls that the Convention’s scope is broad, covering all workers, whether employed or working outside an employment relationship, such as self-employed persons (see General Survey 1988, paragraphs 86-92). The Convention indeed is intended to protect persons working on their own account, such as persons exercising liberal professions or engaged in agricultural activities, from discrimination. As stated by the Committee in its 1996 Special Survey on Equality in Employment and Occupation (paragraph 90), there should be no discrimination in access to the material goods and services (land, investment credit, etc.) required to carry on the occupation in question. The Committee, therefore, requests the Government to indicate how persons who work outside an employment relationship, and in particular self-employed persons in the farming sector or exercising liberal professions, are protected against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and are given equal opportunity and treatment, irrespective of these grounds, with regard to vocational training and access to employment and occupation. In particular, the Committee requests the Government to indicate the measures taken to ensure that access to land in the implementation of the Land Reform Programme is granted without discrimination based on race, sex or political opinion.

2. Application of the Convention in the public service. In its previous comments, the Committee noted that the Public Service Act only prohibited discrimination in recruitment and promotion and that it did not cover all the grounds listed in the Convention. In this regard, the Committee notes from the Government’s report that the Public Service Commission encourages equal access to training for every member of the public service without discrimination based on sex, colour, race or disability. To this end, all ministries are required to draw up and implement a human resources development plan. Ministries are also encouraged to promote gender balance in all training activities. The Committee also notes that the Public Service Commission prepared a human resources development policy which provides for legislation prohibiting discrimination in respect of training. The Committee requests the Government to indicate in its next report any progress made in amending the legislation to prohibit discrimination on all the grounds covered by the Convention, including with regard to training. It further requests the Government to indicate whether the measures to promote equality provided for under the human resource development plans have been implemented by the different ministries.

3. Equality of opportunity and treatment of men and women. The Committee notes the Government’s indication that information on the measures taken in pursuance to the National Gender Policy will be provided in due course. The Committee hopes that this information will be provided in the Government’s next report, including information on the implementation of the strategies noted in the Committee’s previous comments. Noting from the statistical information concerning the distribution of men and women in the grades in the public service that women remain seriously under-represented in higher grades, the Committee requests the Government to provide information on the progress made in achieving a balanced representation of men and women at all levels of the public service, including statistical information that allows the Committee to appreciate the progress made in achieving gender equality. The Committee also reiterates its request to the Government to provide statistical data on the labour force participation of men and women, disaggregated by sex, sector of activity, occupational skills and levels of responsibility.

4. Further, in the absence of any information provided by the Government, the Committee is bound to repeat the following points raised in its previous comments:

        Discrimination on the ground of political opinion

6. The Committee notes the Government’s statement that political affiliation is not a factor considered for employment in Zimbabwe and that section 5(7) of the Labour Relations Act is applicable to those affected. The Committee observes that section 5(7) does not deal with the protection of workers from discrimination on the ground of political opinion, and provides for an exception to the prohibition of discrimination based on political opinion or creed, in respect of political, cultural and religious organizations. In its previous request, the Committee had referred to the concluding observations of the United Nations Human Rights Committee, in 1998, which expressed concerns about acts of political violence against government opponents, for which impunity had been extended to the perpetrators. The Committee notes from the report submitted to the UN Commission on Human Rights by the Special Rapporteur on the independence of judges and lawyers in 2002 that members of the Supreme Court have been subjected to threats, harassment and intimidation from government ministers and leaders of political movements favourable to the Government to force them to retire. The Committee is also aware of attacks from government ministers and pro-government movements against teachers who were suspected to support the opposition: they were prevented by force to carry out their duties, were demoted or transferred, or lost their jobs. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that in practice no discrimination based on political opinions or affiliation can take place against persons working or employed in Zimbabwe, and that any such act of discrimination is duly prosecuted and punished in accordance with the law.

        General policy of non-discrimination and of promotion
        of equality of opportunity and treatment

7. The Committee notes from the information supplied in the Government’s two first reports, that while a national policy for the promotion of equality between men and women in employment and occupation has been adopted, the Government does not appear to have declared and to have pursued a comprehensive and clear policy in regard to the other grounds of discrimination enumerated in the Convention. The Committee hopes that the Government will declare and pursue such a policy, as required by Article 2 of the Convention, and the next report will indicate the measures taken or contemplated in this regard.

8. The Committee notes that the draft Employment Policy has been finalized and is awaiting to be considered by Cabinet. It hopes that this policy will embody the principles of non-discrimination on all the grounds covered by the Convention, and that the next report will contain information on the contents and implementation of the policy.

        Educational programmes

9. The Committee requests the Government to provide information in its report on the educational and public information programmes which exist or are considered to promote the acceptance of the principles of non-discrimination in employment based on the grounds listed in the Convention, including programmes aimed at promoting knowledge and acceptance of the National Gender Policy.

( ... )

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

The Committee notes the communication dated 1 September 2006 received from the Zimbabwe Congress of Trade Unions (ZCTU), concerning the application of the Convention, which was forwarded to the Government on 3 October 2006 for comments. As far as the ZCTU’s comments relate to freedom of association and the right to collective bargaining, the Committee will address them under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). With regard to the issues raised relating to pregnancy and maternity, as well as discrimination based on the ground of political opinion, the Committee requests the Government to provide a reply with its next report.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1(b) of the Convention. Equal remuneration for work of equal value. Further to its observation the Committee notes that for the purpose of section 5(2a) of the Labour Relations Act, as amended "work of equal value" means "work that involves similar or substantially similar skills, duties, responsibilities and conditions". The Committee asks the Government to confirm whether "similar or substantially similar" means "equivalent" for the purpose of the application of the Convention.

2. Article 3. Job evaluation in public service. The Committee notes with interest the job evaluation exercise carried out by the Public Service Commission based on the Patterson Job Evaluation Method, which included three stages, i.e. job profiling, job grading and compensating. It also notes that after the regrading of jobs, a compensation structure was developed for the civil service, taking into account the performance of the economy and that upon completion the job evaluation process allowed for appeals from aggrieved members. The Committee asks the Government to provide copies of the new compensation structure in the civil service, including information disaggregated by sex on the distribution of men and women in the different grades, and to indicate whether any appeals have been lodged after the job evaluation exercise alleging unequal remuneration for men and women for work of equal value.

3. Job evaluation in the private sector. The Committee further notes with interest the job evaluation exercises undertaken by the National Employment Councils (NECs). It notes in particular that the NEC for the motor industry trained a committee involving the expert consultants and social partners on how to carry out the "Peronmes Job Evaluation Method", which then carried out the job evaluation for the industry. The Committee asks the Government to provide information on the results of this job evaluation exercise, including whether it has had any effect on the respective wages of men and women in the industry. Please also indicate any measures taken or envisaged to promote, in consultation with the social partners, the use of the Peronmes method or any other job evaluation methodology in the private sector.

4. Part V of the report form. Practical application. With reference to its previous comments on affirmative action measures by the Government to encourage women’s enrolment in universities and tertiary sectors, the Committee notes that women’s enrolment in technical colleges has increased from 31 per cent in 1999 to 32.7 per cent in 2003, although it still remains low. It also notes that women continue to be concentrated in courses such as secretarial studies, textile design and hotel and restaurant catering while under-represented in others such as automotive, construction, and civil, mechanical and electrical engineering. However, noting that their enrolment in non-traditional vocational training courses appears to be gradually increasing, the Committee encourages the Government to continue its efforts to increase women’s enrolment in a wider range of vocational training courses and to provide information on the progress made as well as the impact of this progress on women’s access to higher paid jobs. Noting with interest the strategies under the newly adopted National Gender Policy to improve equality of opportunity and treatment in employment, please also provide information on the measures taken under the strategy to promote equal remuneration for work of equal value.

5. Part V of the report form. Statistics. The Committee reiterates its request for information on the outcomes of the project proposal to create a data on labour statistics with the assistance of the Office. It hopes that the Government will soon be in a position to supply the information requested in previous comments (i.e. percentage of women covered by the collective bargaining agreements; number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration) and, mainly, an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors.

6. Part IV of the report form. Enforcement. Noting that the Office of the Ombudsman has not received any complaints pertaining to the application of the Convention, the Committee asks the Government to indicate the specific steps taken by the Office of the Ombudsman to advertise its functions with respect to equal pay cases and to increase awareness of and accessibility to its services.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Application of the Convention in occupations
outside the employment relationship

1. In paragraphs 1 and 6 of its previous direct request, the Committee had noted that, while the Labour Relations Act and the Public Service Act prohibited discrimination in the private sector and in the public sector respectively, no information was available on the measures taken to ensure equality and non-discrimination in occupations outside the employment relationship such as self-employment and farming. In its reply, the Government refers to the National Gender Policy and states that the issue of discrimination in farming where persons are employed is covered by the Labour Relations Act. The Committee hopes that the next report will indicate how persons who are not employed and work outside an employment relationship, and in particular self-employed persons in the farming sector, are protected against discrimination on the grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and are given equal opportunity and treatment, irrespective of these grounds, in regard to vocational training and access to employment and occupation. In particular, the Committee requests the Government to indicate the measures taken to ensure that access to land in the implementation of the Land Reform Programme is granted without discrimination based on race, sex or political opinion.

Application of the Convention in the public/civil service

2. In its previous direct request, the Committee had pointed out that section 18 of the Public Service Act prohibited discrimination for appointments and promotions only and it had asked how protection against discrimination was afforded to public employees outside appointments and promotions, and in particular in regard to vocational training. The Committee notes the Government’s reply that there is a Human Resources Planning Policy in the public service which gives every employee opportunity for training irrespective of gender. The Committee notes that the functions of the Public Service Commission, as set out in the Public Service Act, go beyond appointments and promotions in the public service. In particular, the Commission exercises disciplinary powers and makes regulations providing for the conditions of service of members of the public service. Other authorities in the public service have responsibilities for giving access to and providing training for and within the public service. The Committee observes that there is no legislative provision requiring the Civil Service Commission to ensure that there is no discrimination on all the grounds covered by the Convention in all matters falling within its mandate. Neither is there a legislative provision prohibiting discrimination in regard to the provision of training for and in the public service. The Committee hopes that in its next report the Government will indicate the measures taken or envisaged to adopt legislation to this effect.

Discrimination on the ground of sex

3. The Committee notes that the National Gender Policy was officially launched on 8 March 2004 and that a number of bodies have been put in place to carry out programmes and activities for gender sensitivity. The Committee hopes that the next report will provide information on the measures taken in pursuance of the National Gender Policy, with special attention to the following strategies regarding the Industry, Commerce and Employment Sector identified in the National Gender Policy Sector:

(i)  measures to promote equitable access to, control and ownership of productive resources to reduce the level of poverty, especially among women;

(ii)  affirmative action programmes to give equal employment and business opportunities to both women and men at all levels;

(iii)  measures to pass legislation, enforcement and to educate all employees and employers against all forms of sexual harassment and unfair labour practices at work and in business;

(iv)  measures to revise the Labour Relations and the Manpower Development Acts to include the key gender-related sections which have been excluded; and

(v)  measures to correct the inadequacies of the present statistical system used to measure women’s labour force participation.

4. Statistical information. In reply to the Committee’s request for statistical data on the employment situation of men and women, the report provides tables on women in politics and decision-making, which include a table on the representation of women in the public/civil service. The Committee notes that between 2002 and 2003, the percentage of women showed a decrease at all levels of the public/civil service, with the exception of the lowest level (Administrative Officer and equivalent), where it increased from 25 per cent to 49 per cent. The Committee hopes that the next report will explain the reasons for this decrease and the measures taken or envisaged, including affirmative action programmes, to promote a better representation of women at the decision-making levels in the civil service.

5. The Committee again expresses the hope that the next report will provide statistical data on the labour force participation of men and women, disaggregated by sex, sector of activity, occupational skills and levels of responsibility.

Discrimination on the ground of political opinion

6. The Committee notes the Government’s statement that political affiliation is not a factor considered for employment in Zimbabwe and that section 5(7) of the Labour Relations Act is applicable to those affected. The Committee observes that section 5(7) does not deal with the protection of workers from discrimination on the ground of political opinion, and provides for an exception to the prohibition of discrimination based on political opinion or creed, in respect of political, cultural and religious organizations. In its previous request, the Committee had referred to the concluding observations of the United Nations Human Rights Committee, in 1998, which expressed concerns about acts of political violence against government opponents, for which impunity had been extended to the perpetrators. The Committee notes from the report submitted to the UN Commission on Human Rights by the Special Rapporteur on the independence of judges and lawyers in 2002 that members of the Supreme Court have been subjected to threats, harassment and intimidation from government ministers and leaders of political movements favourable to the Government to force them to retire. The Committee is also aware of attacks from government ministers and pro-government movements against teachers who were suspected to support the opposition: they were prevented by force to carry out their duties, were demoted or transferred, or lost their jobs. The Committee therefore hopes that the Government will indicate in its next report the measures taken or envisaged to ensure that in practice no discrimination based on political opinions or affiliation can take place against persons working or employed in Zimbabwe, and that any such act of discrimination is duly prosecuted and punished in accordance with the law.

General policy of non-discrimination and of promotion
of equality of opportunity and treatment

7. The Committee notes, from the information supplied in the Government’s two first reports, that while a national policy for the promotion of equality between men and women in employment and occupation has been adopted, the Government does not appear to have declared and to pursue a comprehensive and clear policy in regard to the other grounds of discrimination enumerated in the Convention. The Committee hopes that the Government will declare and pursue such a policy, as required by Article 2 of the Convention, and the next report will indicate the measures taken or contemplated in this regard.

8. The Committee notes that the draft Employment Policy has been finalized and is awaiting to be considered by Cabinet. It hopes that this policy will embody the principles of non-discrimination on all the grounds covered by the Convention, and that the next report will contain information on the contents and implementation of the policy.

Educational programmes

9. The Committee requests the Government to provide information in its report on the educational and public information programmes which exist or are considered to promote the acceptance of the principles of non-discrimination in employment based on the grounds listed in the Convention, including programmes aimed at promoting knowledge and acceptance of the National Gender Policy.

Part V of the report form

10. Please continue to provide the information called for in this part of the report form.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 1(b) of the Convention. Equal remuneration for work of equal value. Further to its previous comments, the Committee notes with satisfaction the adoption of the Act amending the Labour Relations Act (Chapter 28:1) which for the first time legislatively requires equal remuneration for men and women for work of equal value. Furthermore, the Committee notes that section 5(2a) of the Labour Relations Act as amended, now provides that the Labour Relations Act shall apply to members of the public service. The Committee asks the Government to provide information with its next report on the practical application of section 5(2a) of the Labour Relations Act both in the private and public sectors.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information contained in the Government’s report. It asks the Government to provide further information in its next report on the following points.

1. The Committee noted in the previous comments that a draft Labour Amendment Bill was due to be tabled in Parliament in 2001, which would have included the concept of equal pay for work of equal value. The Committee notes that the Government’s report declares that it was an error to report the intention to include the principle of the Convention in the Amendment Bill, since the Labour Relations Act, Chapter 28:01, covers the issue already and that there are no problems, in practice, with respect to the principle of equal pay for work of equal value. The Committee also notes that the scope of application of the Labour Relations Act is limited to the private sector. Therefore, the Committee asks the Government to supply more detailed information on the measures undertaken to ensure the application of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes from the Government’s report that job evaluations are carried out by professional companies, which analyse the "worthiness of the jobs themselves, not the attributes of those doing the jobs". The Committee asks the Government to supply information on the methodology of these job evaluations, as well as the manner in which gender bias has been reduced in carrying out the evaluations, and on the results achieved in terms of reducing the remuneration gap between men and women in performance of jobs of equal value.

3. The Committee notes with interest the Government’s initiative for affirmative action measures in universities and tertiary colleges in order to encourage women’s enrolment, within the framework of measures taken to increase women’s opportunity to progress to higher level jobs and to combat occupational segregation. The Committee asks the Government to provide data on the percentage of women enrolled in technical and non-traditional programmes, and once available, on women’s participation in the labour market. Please also supply information on any other measures taken or envisaged to combat occupational segregation, and the results these have on increasing remuneration levels of women.

4. Regarding technical assistance in the field of labour statistics requested by the Government of the Office, the Committee notes the project proposal attached to the Government’s report. Noting that the starting date is January 2003, the Committee asks the Government to provide, in its next report, information on the outcomes obtained by the planned activities, and to supply the information requested in previous comments (i.e. percentage of women covered by the collective bargaining agreements; number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration), and, mainly, an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women in all job categories and between the various sectors.

5. The Committee notes the letter from the Office of the Ombudsman which declares that the Office has not dealt with cases concerning the principle of equal remuneration for work of equal value. It also notes that this Office will undertake to advertise, in the local newspaper, the possibility of addressing the Office of the Ombudsman in such cases. The Committee asks the Government to continue to provide information in this regard.

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

The Committee notes the information provided by the Government in its first report on the application of the Convention. It requests the Government to provide further information in its next report, particularly on the following points.

1. Coverage. The Government has provided information relating in particular to prohibition of discrimination in the employment relationship. Please indicate also what measures are being taken to ensure equality and non-discrimination in occupation outside the employment relationship - e.g. in self-employment, farming and other activities.

2. Discrimination on the ground of sex. The Committee notes the new National Gender Policy of 2002. It notes in particular that it provides for, inter alia: the adoption of affirmative action measures to give equal employment and business opportunities to both women and men at all levels; for a revision of the Labour Relations Act and the Manpower Development Act to include the "key gender-related sections" which are missing; and for the legislative and educational measures for combating sexual harassment and unfair labour practices at work. The Committee also notes that women are still concentrated in a limited range of occupations in low-paying and low-productive jobs, mostly in the informal economy. Therefore, the Committee asks the Government to provide information on the implementation of the National Gender Policy and to supply statistical data on the employment situation of men and women disaggregated by sex, sector of activity and level of responsibility.

3. Discrimination on the ground of political opinion. The Committee notes that the principle of non-discrimination on the ground of political opinion is enshrined both in the Constitution and in the labour law. However, the Government did not provide information on the way the principle is respected in practice. The Committee notes the Concluding Observations of the United Nations Human Rights Committee in 1998 (UN document CCPR/C/79/R22.89) which expressed concern about acts of political violence against government opponents, for which immunity has been extended to perpetrators. The Committee recalls that the protection of freedom of expression, especially the expression of political opinions, is aimed at giving the person an opportunity to seek to influence decisions in the political, economic and social life of his or her society. Political organizations and parties constitute a framework within which the members seek to secure wider acceptance of their opinions. Therefore, the Committee requests the Government to supply information on the manner in which it protects workers against discrimination with regard to employment and occupation on the basis of political opinion.

4. Article 1(1)(b) of the Convention. The Committee welcomes the adoption of the Labour Relation (HIV/AIDS) Regulations of 1998, which prohibits discrimination on the basis of the HIV status in relation to employment and occupation. Noting that the grounds of banned discrimination in the Constitution also include language, class, culture, marital status, disability, natural difference or condition and age, the Committee asks the Government to indicate whether it intends to include HIV/AIDS, disability or any other ground, as a ground upon which discrimination is prohibited in employment and occupation under the Convention.

5. Article 1(2). In order to enable the Committee to appreciate fully how section 5(7) of the Labour Relations Act is applied, please provide examples of the implementation of this section in practice, in particular on the application of the provision indicating that exclusion or preferences on the basis of decency or propriety is not a violation of the prohibition of discrimination.

6. Article 1(3). The Committee notes article 43 of the Constitution and section 5 of the Labour Relations Act, which prohibit discrimination on all the grounds listed in the Convention. It notes that the Labour Relations Act covers only employees in the private sector. As for the public sector, it notes that section 18 of the Public Service Act prohibits discrimination for appointments and promotions only and that the ground of religion is not considered. The Committee asks the Government to indicate how protection is afforded against discrimination in occupation for self-employed persons, domestic workers, and for public employees outside appointments and promotion practices. Moreover, the Committee notes that training is mentioned in section 5(1)(e) of the Labour Relations Act, which has a limited scope of application, and that there is no prohibition of discrimination in the Manpower Planning and Development Act. It asks the Government to provide information on how equality of opportunity and treatment is ensured in practice in respect of vocational training.

7. Article 2. The Committee notes the adoption of the National Gender Policy that aims at: eliminating all negative economic, social and political policies, cultural and religious practices that impede equality and equity of the sexes; mainstreaming gender in all aspects of the development process; and ensuring sustainable equity, equality and empowerment of women and men in all spheres of life. The Committee asks the Government to provide information on the impact of the National Gender Policy. It also asks it to indicate what measures have been taken towards the formulation of a national policy for the promotion and realization of equality of opportunity and treatment in respect of all the other grounds covered by the Convention. Finally, noting the Government’s statement that it is in the process of "coming up with an employment policy and an employment creation act, which will cover some of the aspects of discrimination", the Committee asks the Government to provide information on the progress achieved in this respect.

8. Article 3(a). The Committee would appreciate receiving information on the measures taken by the Government to seek the cooperation of workers’ and employers’ organizations in promoting and realizing the acceptance and observance of the principle of the Convention.

9. Article 3(c). The Committee notes the Government’s commitment in the National Gender Policy to reviewing the Labour Relations Act and the Manpower Planning and Development Act. It also notes the 1998 Concluding Observations of the Committee on the Elimination of Discrimination against Women (CEDAW) that express concern over the continued existence of and adherence to customary laws that discriminate against women, in particular in the context of the family. Noting that customary law can have an impact on the status of women and affect equality in employment and occupation, the Committee requests the Government to supply information on this question, and on the relationship between statutory law and customary law as it may affect the equal treatment of women.

10. Article 4. The Committee requests the Government to indicate the procedures available to a person who has suffered in employment due to being accused of engaging in activities prejudicial to the security of the State. Please provide a copy of the laws or regulations on this subject, and provide examples of any cases of this kind that may have been brought before a court.

11. Article 5. Please provide information on special measures of protection or assistance to meet the particular requirements of disabled persons, or other groups that may require it.

12. Part IV of the report form. The Committee requests the Government to provide information on any case brought before the Public Service Commission, which is competent to resolve appeals of decisions concerning public servants, or before the Labour Relations Tribunal concerning the application of the Convention.

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

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:

1. Noting that the concept of equal pay for work of equal value is included in the draft Labour Amendment Bill which is to be tabled in Parliament in 2001, the Committee asks the Government to keep it informed of any progress achieved towards legislative recognition of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes, once again, that the government report is silent on the implementation in practice of the objective job evaluation method mentioned in its first report (Paterson method). It wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee recalls that, by adopting non-discriminatory evaluation criteria and applying it in a uniform manner, differences in wages resulting from traditional stereotypes with regard to the value of "women’s work" are likely to be reduced. Consequently, the Committee asks the Government to provide details of the manner in which gender bias is reduced when implementing the objective job evaluation.

3. The Committee notes the information provided by the Government, according to which the Incomes Policy Board is, in fact, a Wages and Salaries Advisory Board (WSAB) whose function is to consider wage and salary position papers from the three social partners, and advise the minister on the trends of wage and salary adjustments. It covers both classified and unclassified industries, in particular workers who are in occupations where there is no forum for collective bargaining, such as domestic workers. Noting the Government’s statement that the principle of the Convention is taken into consideration by the WSAB, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is implemented by the WSAB.

4. Noting that, following the broadening of its functions in 1997, the Ombudsman is still to report on activities undertaken or cases investigated with regard to the implementation of the principle of equal remuneration between women and men, the Committee hopes that the Government will keep it informed of any activities undertaken by the Ombudsman concerning the implementation of the principle of the Convention.

5. The Committee notes with interest the government statement that a request for technical assistance in the field of labour statistics is to be directed to the ILO and asks the Government to keep it informed of any progress being made in the collection of data disaggregated by sex. It hopes that the assistance requested will not only allow the Government to provide the information required in its previous comment (i.e. percentage of women covered by the collective bargaining agreements supplied earlier by the Government, in particular the number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration received), but that it will also permit an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women by setting up a mechanism of data compilation, which would allow an analysis of the position and pay of men and women in all job categories within and between the various sectors.

6. As regards occupational segregation, i.e. female workers concentrated in informal, unpaid or less remunerative work, the Committee recalls the Government’s own report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), according to which women are free to pursue any profession in Zimbabwe, while in practice they tend to be concentrated in those areas that reflect their roles as mothers and are also in low-paying jobs - in particular household work and family care. In its report, the Government indicates that most women in Zimbabwe are venturing into fields which were previously male-dominated, and are also found in managerial posts. However, no statistical data to support this statement was provided, nor was there an indication of measures taken or envisaged to address this phenomenon. Considering the difficulty of assessing the progress achieved in implementing the principle of equal remuneration, the Committee would once again stress the importance of having at its disposal statistical data on the distribution of men and women in the public and private sector, by earning levels, and on the composition of earnings (please refer to the Committee’s 1998 general observation). The Committee would be grateful to the Government for indicating measures taken or envisaged to combat occupational segregation, and in particular to ensure that women have an equal opportunity to progress to higher level jobs, if their skills and preferences so merit.

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

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

1. Noting that the concept of equal pay for work of equal value is included in the draft Labour Amendment Bill which is to be tabled in Parliament in 2001, the Committee asks the Government to keep it informed of any progress achieved towards legislative recognition of the principle of the Convention.

2. Article 3 of the Convention. The Committee notes, once again, that the government report is silent on the implementation in practice of the objective job evaluation method mentioned in its first report (Paterson method). It wishes to point out that, although the Convention does not provide an unconditional obligation to take measures for the objective appraisal of jobs on the basis of the work to be performed, it follows from Article 3, paragraph 1, that the implementation of the principle of equal pay for work of equal value necessarily implies some form of comparison between jobs. Since men and women tend to perform different jobs, it is essential to adopt a technique to determine whether jobs involving different work may nonetheless have the same value for the purpose of remuneration. The Committee recalls that, by adopting non-discriminatory evaluation criteria and applying it in a uniform manner, differences in wages resulting from traditional stereotypes with regard to the value of "women’s work" are likely to be reduced. Consequently, the Committee asks the Government to provide details of the manner in which gender bias is reduced when implementing the objective job evaluation.

3. The Committee notes the information provided by the Government, according to which the Incomes Policy Board is, in fact, a Wages and Salaries Advisory Board (WSAB) whose function is to consider wage and salary position papers from the three social partners, and advise the minister on the trends of wage and salary adjustments. It covers both classified and unclassified industries, in particular workers who are in occupations where there is no forum for collective bargaining, such as domestic workers. Noting the Government’s statement that the principle of the Convention is taken into consideration by the WSAB, the Committee asks the Government to indicate how the principle of equal remuneration between men and women for work of equal value is implemented by the WSAB.

4. Noting that, following the broadening of its functions in 1997, the Ombudsman is still to report on activities undertaken or cases investigated with regard to the implementation of the principle of equal remuneration between women and men, the Committee hopes that the Government will keep it informed of any activities undertaken by the Ombudsman concerning the implementation of the principle of the Convention.

5. The Committee notes with interest the government statement that a request for technical assistance in the field of labour statistics is to be directed to the ILO and asks the Government to keep it informed of any progress being made in the collection of data disaggregated by sex. It hopes that the assistance requested will not only allow the Government to provide the information required in its previous comment (i.e. percentage of women covered by the collective bargaining agreements supplied earlier by the Government, in particular the number of women and men employed at different levels; number of complaints of violations concerning the principle of equal remuneration received), but that it will also permit an adequate evaluation of the nature, extent and causes of the existing pay differences between men and women by setting up a mechanism of data compilation, which would allow an analysis of the position and pay of men and women in all job categories within and between the various sectors.

6. As regards occupational segregation, i.e. female workers concentrated in informal, unpaid or less remunerative work, the Committee recalls the Government’s own report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), according to which women are free to pursue any profession in Zimbabwe, while in practice they tend to be concentrated in those areas that reflect their roles as mothers and are also in low-paying jobs - in particular household work and family care. In its report, the Government indicates that most women in Zimbabwe are venturing into fields which were previously male-dominated, and are also found in managerial posts. However, no statistical data to support this statement was provided, nor was there an indication of measures taken or envisaged to address this phenomenon. Considering the difficulty of assessing the progress achieved in implementing the principle of equal remuneration, the Committee would once again stress the importance of having at its disposal statistical data on the distribution of men and women in the public and private sector, by earning levels, and on the composition of earnings (please refer to the Committee’s 1998 general observation). The Committee would be grateful to the Government for indicating measures taken or envisaged to combat occupational segregation, and in particular to ensure that women have an equal opportunity to progress to higher level jobs, if their skills and preferences so merit.

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

1. The Committee notes the information in the Government's report, in particular the Constitutional Amendment (No. 14) Act, 1996, which includes, in article 23 of the Constitution, gender as a ground of protection from discrimination. The Committee recalls that section 5(1)(d) of the Labour Relations Act, 1984 (as amended), prohibits discrimination by employers on the grounds of, inter alia, sex in the determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits, and that sections 5(1)(a) and (b) and (2)(a) and (b) of the Labour Relations Act, 1984, prohibit discrimination on the grounds of sex in relation to the advertisement of employment and the recruitment for employment. The Committee notes that both the Constitution (article 23) and the Labour Relations Act (section 7(a)) allow for exceptions to the prohibition of discrimination based on sex. It requests the Government to provide information on the application of these provisions, and the exceptions, if relevant, as they relate to the application of Article 1 of the Convention which prescribes equal remuneration for men and women workers for work of equal value. The Committee also would be grateful if the Government would indicate whether it is considering giving legal expression to the principle of the Convention, in particular by introducing the concept of equal value.

2. Further to its previous comments concerning the need for objective appraisal of jobs which is not required under existing legislation (see above), the Committee requests the Government again to confirm whether the envisaged amendment of existing legislation is still under consideration and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

3. Further to the indication of the Government in its previous report that the Labour Relations Act, 1984, applies to all workers except civil servants, the Committee notes from the Government's report that wages or cost-of-living adjustments for domestic workers are determined by a tripartite Incomes Policy Board which also determines minimum wages for unclassified industries. The Committee requests the Government to provide information on the full function of the Incomes Policy Board, both with regard to classified and unclassified industries, as well as information on the manner in which it takes into account the principle of equal remuneration between men and women workers for work of equal value, bearing in mind Article 4 of the Convention and Paragraph 7 of Recommendation No. 90.

4. The Committee notes that, through the adoption of the Ombudsman Amendment Act, 1997, the functions of the Ombudsman under article 108 of the Constitution have been broadened to include investigations into alleged violations of the human rights contained in the Declaration of Rights which constitutes Chapter III of the Constitution. The Committee requests the Government to provide it with information on any activities undertaken or cases investigated by the Ombudsman with regard to the principle of equal remuneration between women and men.

5. Further to its previous comments, the Committee notes the texts of the collective agreements supplied by the Government in its report. The Committee requests the Government to supply in its next report an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. Recalling the Government's previous indication concerning the non-availability of statistical data requested, the Committee would like to refer the Government to its general observation on this Convention and again remind the Government that ILO technical assistance is available in this field.

6. The Committee notes the Government's indication that labour statistics either obtained through complaints or inspection do not reveal violations concerning equal remuneration. Noting that in its previous reports the Government provided statistical data with regard to violations of remuneration rights, including the number of inspection visits made between 1992 and 1995, the number of complaints received and restitutions made, the Committee again requests the Government to provide information on the number of violations concerning equal remuneration and the punishment imposed.

7. The Committee notes from the conclusion in the chapter on poverty and gender of the Main Report of the 1995 Poverty Assessment Study Survey of the Ministry of Public Service, Labour and Social Welfare, that there appears to be a trend of feminization of poverty, expressed partly through the existing wage gap, due, inter alia, to traditional (patriarchal) and remaining colonial bias in education and skills endowment in favour of males and occupational segregation with females concentrated in informal, unpaid or less remunerative household work and family care. The Committee further notes from the Government's report under the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, that, although women are free to pursue any profession in Zimbabwe, they tend to be concentrated in those areas that reflect their roles as mothers and also in low paying jobs. The Committee would point out that discrimination in remuneration may arise out of the existence of a heavy concentration of women workers in certain jobs and certain sectors of activity, and requests the Government to indicate measures taken to address the above situation including promotional activities related to the Convention.

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

1. In its previous direct request, the Committee noted that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations are usually established on the basis of job evaluation, and observed that the legislation does not require an objective appraisal of jobs. Accordingly, it requested the Government to consider taking measures to ensure that the principle of equal remuneration for men and women workers for work of equal value is given legislative expression. The Committee notes the first reply of the Government (received in October 1994) in which the Government indicated its intention to amend the Labour Relations Act in order to lay down formally the incorporation of job evaluation as a yardstick when fixing wages. Nevertheless, in its most recent report, the Government states that existing legislation is sufficient to ensure respect for the principle enshrined in the Convention. The Committee requests the Government to confirm whether the amendment of existing legislation is still envisaged and, also, to supply details on the implementation in practice of the objective job evaluation method (namely, the Paterson method mentioned in the first report), so that work done by a woman can be compared to that done by a man for the purpose of paying equal remuneration.

2. Having noted in a 1986 publication of the Zimbabwe Institute of Development Studies (ZIDS) that casual workers in the food-processing industry (which employs essentially women) are not protected by the provisions regarding minimum wages, the Committee asked the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. The Government replies that section 3 of the 1984 Act applies to all workers with the exception of civil servants. The Government states that casual workers, in particular, enjoy the minimum wages provisions although it recognizes that permanent workers may enjoy additional benefits (pension rights, gratuity, etc.) because of their permanent status. The Government states, however, that casual workers are compensated partly by being paid double hourly or daily rates. The Committee notes this information and requests the Government to indicate in what way the principle of equal remuneration between men and women for work of equal value, enshrined in the Convention, is drawn to the attention of casual workers and the social partners. For more details, the Committee requests the Government to refer to Article 4 of the Convention and to Paragraph 7 of the Recommendation.

3. In its previous direct request, the Committee requested the Government to supply the texts of collective agreements which it said it had attached to its report but which were not received. The Committee once again requests the Government to send it the texts of collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed (for example, the textile industry) together with, if possible, an indication of the percentage of women employed in the different grades.

4. The Committee reiterates its request concerning the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels of responsibility. It notes the Government's affirmation to the effect that it does not have available the statistical data requested concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down by occupation or sector of employment, seniority or level of qualifications as well as information on the corresponding percentage of women engaged in the various sectors or occupations with the exception of the textile sector in which the Government indicates that 35 per cent of the labour force is women. The Committee also asked the Government to furnish any information regarding any surveys or studies undertaken or envisaged by the Department of Women's Affairs or the ZIDS with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention. It notes that the Government states that no studies or surveys have been conducted or are contemplated and that ZIDS no longer exists. In this regard, the Committee wishes to recall the tenor of its 1990 general observation in which it indicated that one of the difficulties encountered by governments which have ratified the Convention seems to be caused by a lack of knowledge of the situation due to the absence or inadequacy of data and research in the field of equal remuneration. In view of the importance of having statistical data, broken down by sex, to assess the practical application of the principle of equal remuneration enshrined in the Convention, the Committee reminds the Government that ILO technical assistance is available in this field.

5. The Committee notes the statistics supplied by the Government on the number of inspection visits made between 1992 and 1995 and requests the Government to specify, in future, the number of violations concerning equal remuneration and the punishment imposed.

6. The Committee notes the promotional activities related to the Convention undertaken by the Government with the assistance of the ILO and certain non-governmental organizations, particularly in the dissemination of information on human workers' rights. It also notes that the social partners organize training sessions on women workers' rights, including the right to equal remuneration for work of equal value. The Committee notes that there is a foundation, the Zimbabwe/Notad Foundation, under the Ministry of National Affairs which also specializes in women and law and the Committee therefore requests the Government to provide a copy, if possible, of excerpts on the application of the Convention from this body's activity report.

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

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

1. The Committee notes that pursuant to section 5(1) of the Labour Relations Act, 1984, discrimination on various grounds, including sex, is proscribed in relation to all private sector employment as concerns the "determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits" (subsection (d)); and, inter alia, in relation to "classification" (subsection (c)). According to section 5(6), discrimination is deemed to have occurred where an act or omission causes or is likely to cause less or more favourable treatment to persons of the other sex (among other grounds). The Committee also notes from the report that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations issued pursuant to Part IX of the Act, are established usually on the basis of job evaluation.

The Committee would observe, however, that the legislation does not require an objective appraisal of jobs. In the absence of any reference to the criteria or basis on which the work undertaken by a woman might be compared with the work undertaken by a man for the purpose of equal pay, the provisions of the legislation do not appear sufficient to enable a woman to pursue a claim for equal remuneration for work of equal value.

Accordingly, the Committee requests the Government to consider taking measures to ensure that the principle of the Convention is given legislative expression. The Committee hopes that the Government will also consider proscribing direct and indirect discrimination in regard to the criteria used in job evaluation systems.

2. The Committee requests the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. In this connection, the Committee refers to a publication entitled "The Working Conditions of Female Workers in the Food Processing Industry in Zimbabwe" (Zimbabwe Institute of Development Studies, October 1986) which indicates that casual workers, as opposed to permanent workers, employed under the Food-processing Industry Employment Regulations (Statutory Instrument 716 of 1982) are not protected by provisions regarding minimum wages or other conditions of work.

3. The Committee has noted the provisions of the plant-level collective bargaining agreement for the National Glass (Private) Ltd. Unfortunately, other documents said to be attached with the Government's report were not received. The Committee therefore requests the Government to provide, with its next report, the texts of some collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed, together with an indication of the percentage of women employed in the different grades set down in those regulations.

4. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or level of qualifications as well as information on the corresponding percentage of women; and (iii) information regarding any surveys or studies undertaken or envisaged (by, for example, the Department of Women's Affairs or the Zimbabwe Institute of Development Studies) with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

5. The Committee requests the Government to provide information on the number of inspection visits made, and the nature and number of violations concerning remuneration reported to, or observed by, the labour relations officers and labour inspectors.

6. Noting from the report that promotional activities related to the Convention are undertaken by the Government, employers' and workers' organizations, the Committee would be grateful if the Government would provide more particulars concerning the nature of these measures.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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

1. The Committee notes that pursuant to section 5(1) of the Labour Relations Act, 1984, discrimination on various grounds, including sex, is proscribed in relation to all private sector employment as concerns the "determination or allocation of wages, salaries, pensions, accommodation, leave or other such benefits" (subsection (d)); and, inter alia, in relation to "classification" (subsection (c)). According to section 5(6), discrimination is deemed to have occurred where an act or omission causes or is likely to cause less or more favourable treatment to persons of the other sex (among other grounds). The Committee also notes from the report that, in practice, job classifications and wage rates laid down in collective bargaining agreements and in employment regulations issued pursuant to Part IX of the Act, are established usually on the basis of job evaluation.

The Committee would observe, however, that the legislation does not require an objective appraisal of jobs. In the absence of any reference to the criteria or basis on which the work undertaken by a woman might be compared with the work undertaken by a man for the purpose of equal pay, the provisions of the legislation do not appear sufficient to enable a woman to pursue a claim for equal remuneration for work of equal value.

Accordingly, the Committee requests the Government to consider taking measures to ensure that the principle of the Convention is given legislative expression. The Committee hopes that the Government will also consider proscribing direct and indirect discrimination in regard to the criteria used in job evaluation systems.

2. The Committee requests the Government to indicate whether all categories of private sector workers are covered by the provisions of the Labour Relations Act, 1984. In this connection, the Committee refers to a publication entitled "The Working Conditions of Female Workers in the Food Processing Industry in Zimbabwe" (Zimbabwe Institute of Development Studies, October 1986) which indicates that casual workers, as opposed to permanent workers, employed under the Food-processing Industry Employment Regulations (Statutory Instrument 716 of 1982) are not protected by provisions regarding minimum wages or other conditions of work.

3. The Committee has noted the provisions of the plant-level collective bargaining agreement for the National Glass (Private) Ltd. Unfortunately, other documents said to be attached with the Government's report were not received. The Committee therefore requests the Government to provide, with its next report, the texts of some collective agreements applying at the national level, together with an indication of the percentage of women covered by these agreements and the number of women and men employed at different levels. The Committee also requests the Government to furnish with its next report copies of employment regulations applying, in particular, to sectors in which a significant proportion of women are employed, together with an indication of the percentage of women employed in the different grades set down in those regulations.

4. The Committee requests the Government to provide, in its next report, full information concerning the implementation in practice of the Convention including: (i) the salary scales applying in the public sector, with an indication of the percentage of men and women employed at different levels; (ii) statistical data concerning the minimum or basic wage rates and the average actual earnings of men and women in the economy, broken down, where possible, by occupation or sector of employment, seniority or skill level as well as information on the percentage of women employed in different occupations or sectors; and (iii) information regarding any surveys or studies undertaken or envisaged (by, for example, the Department of Women's Affairs or the Zimbabwe Institute of Development Studies) with a view to determining the reasons for wage disparities and details on any measures to remove the barriers to the full implementation of the Convention.

5. The Committee requests the Government to provide information on the number of inspection visits made, and the nature and number of violations concerning remuneration reported to, or observed by, the labour relations officers and labour inspectors.

6. Noting from the report that promotional activities related to the Convention are undertaken by the Government, employers' and workers' organisations, the Committee would be grateful if the Government would provide more particulars concerning the nature of these measures.