ABSTRACT

The aim of this paper is to give some

general views on international labour
standards, regarding equality of
opportunity and treatment Vis-a- viz, the
Equal remuneration convention c100, 1951
GROUP 7 TEAM MATE
Abstract

The aim of this paper is to give some general views on international labour
standards, regarding equality of opportunity and treatment Vis-a- viz, the Equal
remuneration convention c100, 1951. It is important to mention that respecting
freedom from abuse of any form, as a fundamental human right, places a great
importance in guaranteeing other rights for workers. Equality standards applied by
ILO provide methods which aim to fight against inequality in society and in the
workplace of the employers. One part of this paper is focused in analyzing the term
“Inequality” in contrast to the much campaigned equal remuneration, focusing in
different forms that can occur at work, the target group which it can affect and
measures that can be taken in order to provide equality of pay at work. This paper
analyses the scope and the obligations under ILO instruments, such as the four
fundamental objectives of ILO and how it affect labour force in Nigeria and the
applicability of the concept of equal remuneration in Nigeria society in particular. It
also seek to criticize the concept of inequality of pay in our place of work and how
the most endangered gender being female is adversely affected in their effort to
compete and get equal pay or remuneration with their male counter –part in a
treacherous society like ours. Furthermore in this paper will be identified the
methods and make recommendation that governments should apply, which aim to
provide the application of the standard of equal compensation for workers,
according to “Equal Remuneration” Convention, 1951 (No. 100).

Keywords: Equality of opportunity and treatment, inequality, International labour

standards, Equal Remuneration.
 CHAPTER ONE

INTRODUCTION TO ILO
(INTERNATIONAL LABOUR ORGANIZATION)

International Labour Organization (“ILO”) was founded for social justice and

development of international human and labour rights in 1919 as a part of Treaty of
Versailles. ILO created in middle of the war, has always defended the principle that
social justice can produce universal and lasting peace. Respect of human rights,
satisfactory living conditions, employment opportunities and economic security are
essential elements of social justice and especially decent work conditions are one of
the most important basic goals of social justice and ILO. It is not just about obedience
to maintaining human rights and it is also creating more and better employment
opportunities, respecting and legally protecting worker’s rights, building and
expending social security systems’ promoting the social dialogue between employers
and trade unions.

ILO STRATEGIC GOALS

ILO has four fundamental strategic goals;

1. Develop and realize fundamental principles, rights and standards of working

life,
2. Creating more opportunities in order to have decent jobs for men and women,
3. Improve of effectiveness of social protection programs,
4. Strengthen tripartite bodies and social dialogue.
For implementation of objectives, ILO has different ways such as making
constitution, conferences, declarations, conventions and recommendations; raising
international politics and programs for development of human rights, enhancement to
working and living conditions, making employment opportunities, creating
international working standard and mechanism for monitoring and implementation of
some standards that can be a guide to international authorities, making
comprehensive technical cooperation programs with active partnership of parties for
helping to enforce the policies that ILO made by counties; education, training,
research and publication activities must be made for improvement of all of these
efforts.

Labour Commission which sets up Peace Conference and drafted the

constitution

Labour Commission which help to sets up Peace Conference and drafted the
Constitution between January and April, 1919.

The Constitution includes security, humanitarian, political and economic

considerations and stated as follows:

“Whereas universal and lasting peace can be established only if it is based upon
social justice;

And whereas conditions of labour exist involving such injustice, hardship and
privation to large numbers of people as to produce unrest so great that the peace and
harmony of the world are imperiled; and an improvement of those conditions is
urgently required; as, for example, by the regulation of the hours of work, including
the establishment of a maximum working day and week, the regulation of the labour
supply, the prevention of unemployment, the provision of an adequate living wage,
the protection of the worker against sickness, disease and injury arising out of his
employment, the protection of children, young persons and women, provision for old
age and injury, protection of the interests of workers when employed in countries
other than their own, recognition of the principle of equal remuneration for work of
equal value, recognition of the principle of freedom of association, the organization
of vocational and technical education and other measures;

Whereas also the failure of any nation to adopt humane conditions of labour is an
obstacle in the way of other nations which desire to improve the conditions in their
own countries;

The High Contracting Parties, moved by sentiments of justice and humanity as well
as by the desire to secure the permanent peace of the world, and with a view to
attaining the objectives set forth in this Preamble, agree to the following Constitution
of the International Labour Organization.”

As addressed, ILO’s constitutional preamble has emphasized crucial standards for

work-life and important guidance for international authorities.

PREAMBLES OF ILO’S AIMS AND PURPOSES

ILO’s aims and purposes that were described at ILO preamble, were reasserted and
strengthened in new declaration known as “The Declaration of Philadelphia” adopted
on May 19, 1949.

“Labour is not a commodity; freedom of expression and association are essential to

sustained progress; poverty anywhere constitutes a danger to prosperity anywhere;
all human beings, irrespective of race, creed or sex, have the right to pursue both
their material well-being and their spiritual development in conditions of freedom
and dignity, of economic security and equal opportunity.”
ILO’s world programs indicated as “solemn obligation” recognized at The
Declaration of Philadelphia. For the aim of “solemn obligation”, some achievements
should be done in the first place such as;

 Full employment and the raising of standards of living;

 Employment of workers in the occupations for which they are best suited and
where they can make their greatest contribution to the common well-being;
 Facilities for training and the transfer of labour, including migration for
employment and settlement;
 Policies in regard to wages and earnings, hours, and other conditions of work
calculated to ensure a just share of the fruits of progress to all and a minimum
living wage to all employed and in need of such protection;
 Effective recognition of the right of collective bargaining, the cooperation of
management and labour in the continuous improvement of productive
efficiency, and the collaboration of workers and employers in the preparation
and application of social and economic measures;
 Extension of social security measures to provide a basic income to all in need of
such protection and comprehensive medical care; adequate protection for the
life and health of workers in all occupations;
 Child welfare and maternity protection;
 Adequate nutrition, housing, and facilities for recreation and culture; and
assurance of equality of educational and vocational opportunity.

Preamble and The Philadelphia Declaration have similar purposes and both of them
deeply emphasized that work-life and its standards are not at the desired level.

ADOPTION OF DECLARATION ON FUNDAMENTAL RPRINCIPLES AND

RIGHT AT WORK
ILO has adopted the Declaration on Fundamental Principles and Right at Work at the
86th International Labour Conference, 1998. This Conference and Declaration has
revealed to respect, promote and realize in good faith of freedom of association that
belongs to employee and employer’s society and effective collective bargaining
rights.

Moreover, conference promised member countries to make effort for eliminating

forced or compulsory labour, effectively prohibition of child labour, elimination of
discrimination in employment and vocational levels. This Declaration indicated that
member states are obliged to comply with basic principles of the Declaration, even if
they have not sign relevant agreements. With this Declaration and its binding
obligations, obeying fundamental employment rights, anti-discrimination principles
in employment and prohibition of child labour became mandatory in order to create
standards and maintain development of labour law for every member state.

Addition to declarations and conferences, ILO can impact on authorities by more

influential methods such as conventions and recommendations. Conferences can only
adopt conventions and recommendations after preparation by office and governing
body of ILO. Then these are brought to attention to member state by their
representatives.

Conventions are not binding for countries unless ratified by them. However, if ILO
convention is secured by two-thirds of the majority in the ILO conference, member
country shall be bound with that convention. Recommendations are non-binding
guidelines about technical subjects and details.

According to all mentioned above, it is important to consider that member states

which have not ratified conventions may still alter their law or practice in response
to the principles established by the ILO.
Furthermore, ILO has monitoring mechanism to evaluate and promote the
convenience of the member states to conventions, conferences, standards etc. ILO’s
regular reporting structure, each member nation must regularly report the extent to
which its national law is consistent with ILO conventions and recommendations.
These reports are first evaluated by the Committee of Experts on the Application of
Conventions and Recommendations. Result of mentioned statement, ILO could
monitor the member state, if they implement new published standards by introducing
new laws, instantaneously. Committee on Freedom of Association as one of the
governing body of ILO reviews all complaints against member state which violates
fundamental rights of freedom of association.

According to ILO’s perspective, international labour standards are aimed at

promoting decent and productive work in conditions of freedom, equity, security, and
dignity; thus, these standards are for creating fundamental principles and rights of
labours. Some of them has priority that result from their simplicity such as right to
organize, right to collective bargaining, abolition of child labour, equal remuneration
of women and men for work of equal value, elimination of discrimination in respect
of employment and occupation. Some of these rights are mandatory; therefore,
member states should obey and practice them even though they’re not ratified. Still,
ILO is always encouraging member states to ratify, implement and improve to
international labour standards which have grown into a comprehensive system of
instruments on work and social policy, backed by a supervisory system designed to
address all sorts of problems in their application at the national level.

ILO IN NIGERIA

Nigeria is the largest economy in Africa, with high economic potential due to the size
of its domestic market, as well as its human and natural resources. The economy
recorded an average GDP growth of 5.7% per annum between 2010 and 2014, the
official unemployment rate for the working age population is 7.5%. Unemployment
in Nigeria is largely attributed to the phenomena of jobless growth, increased number
of school graduates with no matching job opportunities, a freeze in employment in
many public and private sector institutions and continued job losses in the
manufacturing and oil sectors.

Nigeria is an ILO member since 1960 and has ratified 40 international labour
Conventions.

FUNDAMENTAL CONVENTIONS

The ILO Governing Body has identified eight “fundamental” Conventions, covering
subjects that are considered to be fundamental principles and rights at work: freedom
of association and the effective recognition of the right to collective bargaining; the
elimination of all forms of forced or compulsory labour; the effective abolition of
child labour; and the elimination of discrimination in respect of employment and
occupation. These principles are also covered by the ILO Declaration on
Fundamental Principles and Rights at Work (1998) (see applying and promoting
ILS). As of 1st January 2019, there were 1,376 ratifications of these Conventions,
representing 92 per cent of the possible number of ratifications. At that date, a further
121 ratifications were still required to meet the objective of universal ratification of
all the fundamental Conventions.

The eight fundamental Conventions that Nigeria have ratified are:

1. Freedom of Association and Protection of the Right to Organise Convention, 1948

(No. 87)

2. Right to Organise and Collective Bargaining Convention, 1949 (No. 98)

3. Forced Labour Convention, 1930 (No. 29) (and its 2014 Protocol )
4. Abolition of Forced Labour Convention, 1957 (No. 105)

5. Minimum Age Convention, 1973 (No. 138)

6. Worst Forms of Child Labour Convention, 1999 (No. 182)

7. Equal Remuneration Convention, 1951 (No. 100)

8. Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

Table of ratifications of the fundamental conventions

GOVERNANCE (PRIORITY) CONVENTIONS

The ILO Governing Body has also designated another four Conventions as
governance (or priority) instruments, thereby encouraging member States to ratify
them because of their importance for the functioning of the international labour
standards system. The ILO Declaration on Social Justice for a Fair Globalization, in
its Follow-up, emphasizes the significance of these Conventions from the viewpoint
of governance.

The four governance Conventions are:

1. Labour Inspection Convention, 1947 (No. 81)

2. Employment Policy Convention, 1964 (No. 122)

3. Labour Inspection (Agriculture) Convention, 1969 (No. 129)

4. Tripartite Consultation (International Labour Standards) Convention, 1976 (No.

144)
 CHAPTER TWO

THE 7TH CONVENTION

C100 - Equal Remuneration Convention, 1951 (No. 100)

The Equal Remuneration Convention (No. 100) was formally adopted in 1951 and
entered into force in May 1953. The Convention focuses on gender discrimination in
employment and outlines principles for the equal remuneration for work of equal
value independent of whether it is performed by men or women. In order to achieve
equal pay, Parties to the Convention are required to implement domestic laws,
regulations on wage determination and/or support collective agreements between
workers’ and employers’ organisations. The Convention’s implementation is
supervised by the ILO’s Committee of Experts. Every three years, a State Party must
report on the current state of implementation, which is reviewed and evaluated by the
Committee of Experts. The Equal Remuneration Convention is part of the 15 core
conventions covered under the GSP regulation.
 ARTICLES ON THE EQUAL RENUMERATION CONVENTION,

1951 (NO. 100)

Preamble

The General Conference of the International Labour Organisation,

Having been convened at Geneva by the Governing Body of the International Labour
Office, and having met in its Thirty-fourth Session on 6 June 1951, and

Having decided upon the adoption of certain proposals with regard to the principle of
equal remuneration for men and women workers for work of equal value, which is
the seventh item on the agenda of the session, and

Having determined that these proposals shall take the form of an international
Convention, adopts this twenty-ninth day of June of the year one thousand nine
hundred and fifty-one the following Convention, which may be cited as the Equal
Remuneration Convention, 1951:

Article 1

For the purpose of this Convention--

(a) the term remuneration includes the ordinary, basic or minimum wage or salary
and any additional emoluments whatsoever payable directly or indirectly, whether in
cash or in kind, by the employer to the worker and arising out of the worker's
employment;

(b) the term equal remuneration for men and women workers for work of equal value
refers to rates of remuneration established without discrimination based on sex.

Article 2
1. Each Member shall, by means appropriate to the methods in operation for
determining rates of remuneration, promote and, in so far as is consistent with such
methods, ensure the application to all workers of the principle of equal remuneration
for men and women workers for work of equal value.

2. This principle may be applied by means of--

(a) National laws or regulations;

(b) Legally established or recognised machinery for wage determination;

(c) Collective agreements between employers and workers; or

(d) A combination of these various means.

Article 3

1. Where such action will assist in giving effect to the provisions of this Convention
measures shall be taken to promote objective appraisal of jobs on the basis of the
work to be performed.

2. The methods to be followed in this appraisal may be decided upon by the

authorities responsible for the determination of rates of remuneration, or, where such
rates are determined by collective agreements, by the parties thereto.

3. Differential rates between workers which correspond, without regard to sex, to

differences, as determined by such objective appraisal, in the work to be performed
shall not be considered as being contrary to the principle of equal remuneration for
men and women workers for work of equal value.

Article 4
Each Member shall co-operate as appropriate with the employers' and workers'
organisations concerned for the purpose of giving effect to the provisions of this
Convention.

Article 5

The formal ratifications of this Convention shall be communicated to the Director-

General of the International Labour Office for registration.

Article 6

1. This Convention shall be binding only upon those Members of the International
Labour Organisation whose ratifications have been registered with the Director-
General.

2. It shall come into force twelve months after the date on which the ratifications of
two Members have been registered with the Director-General.

3. Thereafter, this Convention shall come into force for any Member twelve months
after the date on which its ratification has been registered.

Article 7

1. Declarations communicated to the Director-General of the International Labour

Office in accordance with paragraph 2 of Article 35 of the Constitution of the
International Labour Organisation shall indicate --

(a) the territories in respect of which the Member concerned undertakes that the
provisions of the Convention shall be applied without modification;
(b) the territories in respect of which it undertakes that the provisions of the
Convention shall be applied subject to modifications, together with details of the said
modifications;

(c) the territories in respect of which the Convention is inapplicable and in such cases
the grounds on which it is inapplicable;

(d) the territories in respect of which it reserves its decision pending further
consideration of the position.

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this

Article shall be deemed to be an integral part of the ratification and shall have the
force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in

part any reservation made in its original declaration in virtue of subparagraph (b), (c)
or (d) of paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subject to denunciation
in accordance with the provisions of Article 9, communicate to the Director-General
a declaration modifying in any other respect the terms of any former declaration and
stating the present position in respect of such territories as it may specify.

Article 8

1. Declarations communicated to the Director-General of the International Labour

Office in accordance with paragraph 4 or 5 of Article 35 of the Constitution of the
International Labour Organisation shall indicate whether the provisions of the
Convention will be applied in the territory concerned without modification or subject
to modifications; when the declaration indicates that the provisions of the Convention
will be applied subject to modifications, it shall give details of the said modifications.
2. The Member, Members or international authority concerned may at any time by a
subsequent declaration renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.

3. The Member, Members or international authority concerned may, at any time at

which this Convention is subject to denunciation in accordance with the provisions of
Article 9, communicate to the Director-General a declaration modifying in any other
respect the terms of any former declaration and stating the present position in respect
of the application of the Convention.

Article 9

1. A Member which has ratified this Convention may denounce it after the expiration
of ten years from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year after the date on
which it is registered.

2. Each Member which has ratified this Convention and which does not, within the
year following the expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this Article, will be
bound for another period of ten years and, thereafter, may denounce this Convention
at the expiration of each period of ten years under the terms provided for in this
Article.

Article 10

1. The Director-General of the International Labour Office shall notify all Members
of the International Labour Organisation of the registration of all ratifications,
declarations and denunciations communicated to him by the Members of the
Organisation.

2. When notifying the Members of the Organisation of the registration of the second
ratification communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come into
force.

Article 11

The Director-General of the International Labour Office shall communicate to the

Secretary-General of the United Nations for registration in accordance with Article
102 of the Charter of the United Nations full particulars of all ratifications,
declarations and acts of denunciation registered by him in accordance with the
provisions of the preceding articles.

Article 12

At such times as may consider necessary the Governing Body of the International
Labour Office shall present to the General Conference a report on the working of this
Convention and shall examine the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.

Article 13

1. Should the Conference adopt a new Convention revising this Convention in whole
or in part, then, unless the new Convention otherwise provides--
(a) the ratification by a Member of the new revising Convention shall ipso jure
involve the immediate denunciation of this Convention, notwithstanding the
provisions of Article 9 above, if and when the new revising Convention shall have
come into force;

(b) as from the date when the new revising Convention comes into force this
Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for
those Members which have ratified it but have not ratified the revising Convention.

Article 14

The English and French versions of the text of this Convention are equally
authoritative.

ELUCIDATION OF THE CORE OBJECTIVES OF THE ARTICLES OF

EQUAL RENUMERATION CONVENTION

The International Labor Organization aims to set standards and principles regarding
equal remuneration, which consists of two fundamental aspects and aims. First of all
the purpose is to ensure and guarantee the elimination of discrimination in terms of
treatment, opportunities, employment, training, organization, decision-making and
guaranteeing elimination of discrimination in terms of compensation, remunerations,
welfare services in relation with employment.

Secondly, ILO standards aim to secure women employees with law enforcement,
basically in conditions, terms of work contract, professional aspects, health and
safety. There are four main ILO Conventions, which develop the basic standards and
principles that promote equality between workers and prohibit all the forms of
discrimination: The “Employment and Occupation” Convention, nr. 111, “Equal
Remuneration” Convention, nr. 100, “Protection Convention”, nr. 183, “Maternity
Protection” Convention, nr. 183 and “Workers with Family Responsibilities”
Convention.

Regarding the scope of “Equal Remuneration” Convention, nr. 100, which is a

fundamental convention, remuneration includes minimum standard or ordinary salary
or remuneration and any additional financial compensation, which are payed
indirectly or directly from the employer to the employer and which is a result of the
work carried out by this employer, engaged in a specific work contract. On the other
hand, equal remuneration for both men and women workers at work, includes the
rates of compensation provided in conditions where there is not permitted any of the
forms of discrimination.

Referring to article 2 of this Convention, every member state is obliged, by using the
appropriate methods, to promote the standard of equal compensation for both women
and men workers, in case they carried out work of equal value. This crucial standard
may be adopted through the legal framework of member states, regulations or laws,
collective agreements between workers and employers, legally recognized or
established instrument for wage determination or through a combination of the above
mentioned methods. Each member state is obliged to cooperate with the
representatives of employers and workers organizations, which are involved in
fulfilling the obligations of “Equal Remuneration” Convention, nr. 100.

“Equal Remuneration” Convention, nr. 100, sets out the fundamental principles, such
as the standard that for the same work, the works should take the same remuneration,
which includes an amount of pay which is determined without any discrimination
based on sex. This Convention treats remuneration as all emoluments, compensations
and payments whether in kind or cash. Also this fundamental Convention elaborates
the concept that all the jobs should be evaluated in terms the content of the work. On
the other hand, Equal Remuneration Recommendation, 1951 (No. 90) recommends
that member states shall secure that both workers and employers have the complete
information about the legal requirements. The equal compensation principle can be
effective and implemented by: The implementation of relevant methods which
analyze the work that needs to be done, by guaranteeing equal conditions for both
sexes for professional guidance, social services and welfare in order to fulfill
women’s needs, by promoting the elimination of any type of discrimination between
employers, regarding their opportunities in entering the labor market, also by
promoting in public the meaning and the importance of the equality standard,
investing in studies and researches in this field.

It is important to mention that “Equal Remuneration” Convention, nr. 100 allow

differences regarding payment and compensation, only where there is reasonable
justification, regarding the value of the work. In order to implement the standard of
equal remuneration, which means that for the same work, the worker should take the
same remuneration, it is required to compare different works of different
characteristics on the basis of some specific criteria such as the requested
commitment, skills, effort, responsibilities, working conditions, qualifications,
background etc. After comparing different works with different characteristics, the
result is the application of the principle of equal remuneration, required from the
Convention. After realizing the process of job assessment or appraisal, we can
concept job and work without any type of discrimination, but it is mandatory to take
into consideration, differences between some jobs which have different values, in
levels of payment and compensation.

Job assessment is different from performance evaluation, because job assessment or

appraisal intends to give the value of jobs on the basis of the work in general, that the
employer is required to perform. Nonetheless, performance evaluation, which aims at
making an assessment of the achievements and performance of each worker, has a
direct effect on the payment and compensation. If the worker is paid extra, based on
his performance and achievements in general, this is not a type of discrimination,
because extra benefits based on this criteria, justify the differences in monthly
compensation. In this case, it is also mandatory to provide that these criteria’s are not
themselves discriminatory or lead to differences in remuneration, and every worker
has the possibility to profit from these benefits. Equal Remuneration
Recommendation, 1951 (No. 90) gives special attention to the influence of social
partners, regarding the methods of job assessment and evaluation that member states
should implement and improve, in cooperation with workers’ and employers’
organizations involved (Oelz, Olney, & Tomei, 2013).

International Labour Organization has emphasized the great influence of the process
of job assessment. In this context, it is important to establish and improve some
methods of evaluating the relative value of jobs with different characteristics, in order
to respect the principle of equal value. It is necessary to make a general analyze of the
corresponding tasks and duties, defined on the basis of absolutely non-discriminatory
and objective criteria, in order to not allow any type of discrimination, especially the
discrimination based on the gender of workers. Equal Remuneration” Convention, nr.
100 does not define any particular mechanism or approach for such analyze or
examination, but article 3 requires the application of proper and necessary mechanism
for realizing a real objective process of job assessment, by analyzing components
such as responsibilities, effort, engagement required, qualifications, working
conditions and skills. Job assessment means a formal and precise procedure which
consists of a process of analyzing and evaluating jobs, in order to define a numerical
value for each job evaluated. Numerical and detailed methods used in evaluating jobs,
are considered the most adequate and efficient methods, because they aim at
eliminating discrimination based on workers gender, regarding compensation and
remuneration. Regardless the methods used for jobs assessment, it is important to pay
attention to provide that these methods are free from gender stereotypes. In this
context it is mandatory to provide that components for comparison, the influence of
each of them and the concrete process, are not themselves discriminatory.
(Committee of Experts, general observation on Convention No. 100, 2007).

YARD STICKS FOR THE EVALAUTION OF EQUAL RENUMERATION

It is founded that there are some evaluation methods, which are free from gender
stereotypes (Harriman & Holm, 2001).:

1. First of all “Steps to Pay Equity” method.

This method in established by the Equal Opportunities Ombudsman of
Sweden, for the purpose to improve equality in compensation and
remuneration. It is considered as a very effective method, a quick and easy
method for defining the requirements and level of difficulty related to specific
jobs. This mechanism can be applied, in order to achieve different aims such
as: to compare different jobs with different characteristics; to highlight work of
equal value depending on the general level of wages, to decide if it is required
the application of any job assessment method
2. ABAKABA and EVALFRI methods.
The Analytical Evaluation of Jobs (ABAKABA) was developed in Switzerland
in 1996. ABAKABA should be used with a specific mechanism known as
VIWIV, which elaborates the concept whether the worker is paid depending of
what he deserves. ABAKABA method is focused especially in women who are
concerned about their wage and who think that their remuneration is less than a
male worker in a job of the same value. ABAKABA and VIWIV methods can
be used for all works job types regardless the content or the level of the job.
3. The EVALFRI method, which is considered as another version of ABAKABA
method.

4. ISOS method.

This method was developed in 2003 by the Polytechnic University of Cataluña

in cooperation with several European universities at the request of the Women’s
Bureau of the Ministry of Labour and Social Affairs of Spain. This system applies to
all occupations within an organization and is points-based.

CHAPTER THREE

THE APPLICABILITY OF THE EQUAL REMUNERATION CONVENTION

IN NIGERIAN INDUSTRIAL RELATIONS AND EMPLOYMENT LAWS

The establishment of the ILO office in Lagos, Nigeria in 1959, formally marked the
beginning of the ILO’s partnership with Nigeria and the continent of Africa as a
whole. Since 1959, ILO has actively collaborated with its tripartite partners (the
government, employers and trade unions) with the united objective of promoting
universal and lasting peace based on social justice in Nigeria.

Over the years, Nigeria has assumed and maintained its leadership position as one of
the ILO’s most important members. Nigeria has used this leadership position to work
with other countries towards the promotion of decent work on the continent of Africa.
Furthermore, Nigeria’s support to the ILO has been unwavering despite its own
decent work challenges. The Tripartite partners in Nigeria has worked tirelessly and
remained resolute towards meeting their aspiration to achieve decent work for all
Nigerians. The ILO commends these efforts and remains committed to supporting
Nigeria in its quest to achieve this noble goal. The ILO therefore looks forward to its
continued and strengthened collaboration with the Federal Government and its social
partners in Nigeria.

APPLYING COMPARABLE WORTH TO CREATE FAIRER WAGES

AND/OR EQUAL PAY

The equal pay or equal remuneration concept can be rather complex in its application.
It is based on an analysis of the work which is done by employees or workers be they
male or female. From the point of view of the employer, this approach does not
necessarily make sense. The employer is interested nowadays not just in the content
of the work performed but the manner in which that work is performed. The
employer is interested in what the employee can bring to the job and how the
employee can add value to the work which is performed. What is really needed in
society is some rational basis to compare what sometimes are very different
occupations and jobs, especially when this involves comparing ‘men’s and ‘women’s
work’; ‘skilled and unskilled work’; ‘work integrated into the business and that which
is ancillary’. Typically, the criteria used to compare dissimilar jobs evaluates work
requirements as well as the investment individuals must make to attain these
positions. In addition, the amount of skill and training required, the potential for
danger and threat to one's life, the disagreeableness involved in the work, as well as
the degree of responsibility associated with a job all figure prominently when making
such calculations.

The question is therefore, how do we implement comparable worth in the Nigerian

workforce to ensure that male and female dominated jobs are remunerated fairly? To
better appreciate the nuances of the enforcement challenges, let us use as an examples
societies where equal pay has been more contentiously debated and rigorously
enforced.

EQUAL PAY ENFORCEMENT IN NIGERIA: THE WAY FORWARD

Equal Pay Enforcement in Nigeria: The Way Forward Two major issues will be
raised in this section regarding the enforcement of equal Pay in Nigeria. The first is
how to create a pay structure to reward work based on its value to the organization.
This speaks to the problem of assessing the worth of labour. This is no easy task and
requires professional help. The second issue is as regards the paucity of gender
discrimination law and policy in Nigeria.

In the Nigerian public sector, a traditional pay structure is used, wherein employees
are routinely promoted after a period of time irrespective of the quality of their output
provided only that they have not received official queries for a given number of
times. Aside from promotions, staff salaries also benefit from small annual
increments. The downside of this traditional pay structure is that a civil servant can
drift upwards until he/she reaches the top of the pay scale. This does not ensure that
the person in question is working to full capacity. Without some form of appraisal
scheme or other performance management scheme the long term pay spine allows the
individual. The employer who is looking for efficiency may thus be hampered by a
pay structure

Modern pay schemes therefore seek to reward efficiency and not just longevity of
service. The traditional pay structure is fast being phased out in the private sector. A
private sector employer is interested in seeing the qualitative and quantitative output a
worker can bring to the job. An assessment of competencies which can be brought to
the work is therefore of increasing importance in pay and reward structures. Workers
or employees who drift through their day bringing very little to their employment are
not of equal value to the employer. The equal pay principle is based around an
evaluation of work. Equal pay for equal work, equal pay for work of equal value, or
work related as equivalent in a job evaluation scheme requires an analysis of work
done.

The second issue raised in this discourse is the paucity of equal pay legislation in
Nigeria. The only direct mention of the concept is in chapter two of the Constitution
which provides that ‘in furtherance of the social order, the State shall direct its policy
towards ensuring that there is equal pay for equal work without discrimination on
account of sex, or on any other ground whatsoever.’1 Chapter II of the Constitution
contains the Fundamental Objectives and Directive Principles of State Policy which
according to S.6(6)(c) are not legally enforceable by any court in Nigeria. They are
policies which the Government aspires to, guiding principles and not binding laws.

Even though Chapter II of the Constitution is more a body of recommendations than

of laws, an active judiciary may still require employers to apply the equal pay policy
contained therein, especially as it is in line with international labour standards. This
was the attitude of the Supreme Court of India in the landmark case of Randhir Singh
v Union of India. In this case, although Article 39 (c) of the Indian Constitution
which espouses equal pay for equal work is not justiciable, being also a directive
principles of state policy, the court nonetheless held that the principle of equal pay for
equal work can be enforced by courts in cases of unequal pay scales based on
unreasonable classifications. The Nigerian Courts are encouraged to embrace the type
of judicial activism displayed by Indian courts in such matters.

The National Assembly in 2006, vide the National Industrial Court Act (NIC Act)
established the National Industrial Court, vesting it with exclusive jurisdiction over
all labour related matters. By the Third Alteration to the 1999 Constitution, the NIC
was repositioned within the structure of the judiciary and as one of the superior courts
of record under section 6 of the 1999 Constitution. Another major effect of the Third
Alteration Act on the NIC was the introduction and recognition of the concept of
unfair labour practices and unhindered application of international best practices,
including international conventions, treaties and protocols that relate to
employment/labour issues which are ratified by Nigeria. This enlarged jurisdiction of
the NICN has led to the emergence of decisions which have advanced employment
equity in Nigeria. For instance, in Ejieke Maduka v. Microsoft Nigeria Limited & ors,
the NICN found the defendant liable for sexual harassment which amounted to a
breach of an employee’s fundamental right to dignity of person as stipulated in
several international instruments. In Folarin Oreka Maiya v. The Incorporated
Trustees of Clinton Health Access initiative, Nigeria & ors (2012), unfair dismissal
on the basis of pregnancy also cost the defendant heavy damages. These cases
address labour law issues on which the labour law jurisprudence has been silent for
decades. It is extremely disappointing that Nigeria’s Labour Act does not have
specific provisions on workplace sexual harassment and other employment equity
provisions. Nothing cries for the repeal of this outdated law as this omission.

CHAPTER FOUR

CRITICISM OF EQUAL RENEUMERATION IN VIEW OF

INTERNATIONALLY RECOGNISED LABOUR STANDARD

EXECUTIVE SUMMARY

Nigeria has ratified all eight core ILO labour Conventions. In view of restrictions on
the trade union rights of workers, discrimination, child labour, and forced labour,
determined measures are needed to comply with the commitments.

Nigeria accepted at Singapore, Geneva and Doha in the WTO Ministerial

Declarations over 1996-2001, and in the ILO’s Declaration o
INEQUALITY IN CONTRAST TO EQUAL REMUNERATION IN NIGERIA

Nigeria ratified Convention No. 100 on Equal Remuneration in 1974, and a new
Constitution was adopted in 1999, and includes “equal pay for equal work without
discrimination on account of sex, or any other ground whatsoever”. However, in an
individual direct request submitted in 2011, the CEACR (Committee of Experts on
the Application of Conventions and Recommendations) asked that the government
“gives full expression to the Convention’s provisions which provide for equal
remuneration for men and women for work of equal value.” In Nigeria, according to
the US State Department Human Rights Report, “no laws criminalize gender-based
violence, and some federal laws condone such violence”. Moreover, there are no laws
prohibiting sexual harassment at the workplace, except insofar as violent harassment
can be punished under other provisions of the law. The National Minimum Wage Act
excludes many workers, in particular those in companies with less than 50
employees, part-time workers, workers paid on commission or on a piece-rate basis
and seasonal workers in agriculture.

Women are disproportionately represented among these groups of workers

The CEACR also asked the government to amend a series of sections of the Nigeria
Police Regulations which provide special recruitment requirements in a
discriminatory manner and conditions of service applying only to women.

In practice, women face discrimination in access to employment, promotions and

remuneration. Many businesses reportedly fire women who get pregnant. Demanding
sexual favours in exchange for employment and employment-related benefits is
reported to be common. The labour market is segregated along gender lines. In this
manner, women are overrepresented in precarious and informal economic activities,
underrepresented in senior and highly skilled and paid positions and face a pay gap of
68 per cent. Labour force participation in 2010 was 45 per cent for women against 85
per cent for men and the literacy rate was 49 per cent and 72 per cent for women and
men respectively.

Nigeria adopted the National Gender Policy in 2007 for promoting gender equality
and empowering women.

The Constitution forbids discrimination on circumstances of one's birth, which could

be interpreted as covering the grounds of disability. However, there are no laws
prohibiting this form of discrimination or requiring accessibility to buildings,
employment and social services. Disabled persons therefore face discrimination in
finding employment and accessing education. Many resort to beggary for sustaining
themselves.

The law prohibits discrimination on the grounds of ethnic origin and the Constitution
guarantees that the government and policies of Nigeria have a federal character.
Nigeria consists of 250 different ethnic groups and reports show that almost all of
them face discrimination in lands where their group is not autochthonous. Such
discrimination is reported to be evident in private-sector hiring patterns and the
effective ethnic segregation of urban neighbourhoods. Local governments
discriminate against non-indigenous persons in their jurisdiction in various ways,
amongst others by charging higher tuition fees in schools, reserving civil service
positions for their indigenous groups and excluding internal migrants from local
pension schemes.

There is no law prohibiting discrimination against persons living with HIV/AIDS and
this group of people faces societal stigma as well as discrimination in becoming
employed and access to health services.

Summary
There is insufficient legal protection for women, ethnic groups, disabled persons and
others who face discrimination in becoming employed, in achieving promotion, and
in other aspects of employment. The gender pay gap stands at 68 per cent and the
majority of women are employed in precarious and informal economic activities.

CONCLUSION

In the past few decades, the percentage of women in paid employment in Nigeria has
significantly increased due to women’s participation in higher education. However
distinct differences exist in the types of occupation entered by women and men.
Women get lower paid jobs in personal services and sales, clerical and administrative
positions. Professions like law, medicine and accountancy have also witnessed
increased female engagement but there has not been a corresponding women
movement into the sciences, engineering, ICT and the skilled trades. To date, women
are scarcely found in managerial positions overall, they make up only 32% of
managers and senior officials in the West and 17% in Africa. We only see women
dominate in traditional humanist professions like nursing, teaching, catering etc,
which are poorly remunerated The ILO has shed a brilliant beacon of light to guide
national legislation and policy to employment equity. For workers to develop their
potential to the full and to reap the economic rewards they deserve, equality and
nondiscrimination must not only be legislated, they must be imbibed into the nation’s
psyche. The Equal Remuneration Convention, 1951 (No. 100), recognized the
principle of equal remuneration for men and women for work of equal value. It also
paved the way for the acknowledgement that equality in pay could not be achieved
without the elimination of discrimination in all areas of employment.

RECOMMENDATIONS
1. The laws should be amended in order to give full expression to the principle of
“equal pay for work of equal value”.

2. The government should enact legislation prohibiting sexual harassment at the

workplace and prescribing penalties.

3. The National Minimum Wage Act should apply to all workers and those working
in enterprises with less than 50 workers should not be excluded.

4. The government should take urgent measures to improve women’s participation in

the workforce and women’s access to high skilled and high paid jobs and to close the
gender wage gap.

5. The government should amend its laws in order to include explicit prohibition of
discrimination on the grounds of disability and to mandate accessibility to buildings,
employment and social services.

6. State and federal governments should take measures to eliminate ethnic

discrimination.

7. The government should prohibit discrimination against persons living with

HIV/AIDS and actively encourage companies to adopt workplace HIV/AIDS
programmes.

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