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A Government representative of Nepal insisted that, at present, no wage discrimination between men and women in organized tea plantations was allowed. Article 11(1) of the 1990 Constitution of Nepal stated that "All citizens shall be equal before the law" and article 11(3) added that "the State shall not discriminate between citizens on grounds of religion, race, sex, caste, tribe or ideological conviction or any of these". With regard to remuneration, article 11(5) further stated that "no discrimination in regard to remuneration shall be made between men and women for the same work". While the provisions of the Constitution are quite clear, he specified that there were two types of ownership of tea plantation estates in Nepal: some were owned by the public sector and others by private interests. In public estates, workers received equal wage without discrimination. Steps were taken by the Government to ensure that a similar situation prevailed in private tea plantations. For instance, in line with the recommendations contained in the report of the ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993), after tripartite consultations and agreement, his Government constituted a tripartite minimum wage-fixing committee which had already fixed the minimum equal wage for tea plantation workers, whether male or female. Second, studies and surveys had been encouraged to identify if any wage discrimination based on sex existed in the privately owned tea plantations. The Government strengthened its monitoring and supervision mechanism in this regard. In conclusion, he recalled that the Minister of Labour in Nepal was an active trade unionist and president of one of the two main trade unions of Nepal and that he had personally taken great interest in this issue. He declared that his Government would do its utmost not to allow any wage discrimination based on sex and expected the further support and cooperation of the international community, including the ILO, to ensure the compliance with and implementation of the ILO Conventions which Nepal had already ratified and was in the process of ratifying.

The Employers' members noted that the difference in the wages paid to men and women which had been noted in this case by the Committee of Experts was clearly not permitted under the terms of the Convention. These differences occurred in particular in organized tea plantations. The Government representative had stated that the payment of unequal pay to men and women for equal work could be punished under the law. He had also provided certain explanations of the situation in a number of tea plantations, where exceptions to the provisions of the law in this respect had been allowed for the purposes of the development of the plantations and to provide more jobs for women. However, the Convention did not allow such exceptions. Discrimination should not be allowed, even for the purposes of promoting economic development. The Government representative had referred to the limited time period during which such measures were allowed and had stated that the matter had been discussed by a tripartite advisory body, which had recommended that no further exceptions should be allowed. Moreover, the observation of the Committee of Experts had also referred to the existence of certain criteria, including traditional practice and social and economic circumstances, under which such discrimination might continue to be permitted. At the same time, the Government representative had also emphasized his Government's commitment not to allow wage discrimination and to distance itself from this discriminatory situation. It was therefore unclear what this might mean in practical terms.

In raising the issue of equal pay in the case of Nepal, the Committee of Experts had raised the complex question of not only providing equal pay for equal work, but also for work that might be different but was of equal value. The Employers' members pointed to the difficulty of implementing this principle in practice. There were no scientific or generally recognized methods by which the value of work could be evaluated. Although many different approaches to evaluating the value of jobs had been developed, they still remained a matter of interpretation. Attempts to apply the principle of equal pay to different jobs opened the door to all kinds of arbitrary judgements. Nevertheless, the Employers' members called upon the Government to provide a report containing detailed information and to take up a specific position on the points that had been raised. It was to be hoped that the information contained in this report would indicate that the discrepancies observed between national law and practice and the provisions of the Convention would be eliminated in the shortest possible time.

The Workers' members thanked the Government for the information provided concerning this case and recalled that the principle of equal remuneration enshrined in the Convention was a fundamental human right. The fact that this Convention had been classified amongst fundamental instruments revealed the importance attached to it by the ILO. They subscribed entirely to the opinion expressed by the Committee of Experts according to which equal remuneration had to be applied to all workers without exception, regardless of the level of economic and social development of the sector in which they worked. They recalled that the Committee discussed on a regular basis cases regarding the application of the Convention by industrialized as well as developing countries.

The Committee of Experts noted that equal remuneration in Nepal was a principle provided for in both the Constitution and the legislation. However, the statement by the Government according to which differences of remuneration between men and women, particularly in the tea plantation sector, existed because of customary national practices, was contrary to the fundamental principles recognized by the Constitution itself as well as by the law in Nepal. Insisting on the importance that national practice should comply with the provisions of the Convention, they requested the Government to take all necessary measures in order to put an end to these violations, even temporary, of the principle of equal remuneration in the tea plantation.

Concerning the principle of equal remuneration for work of equal value when men and women performed different work, they indicated, as had the Committee of Experts, that the Constitution of Nepal only forbade wage discrimination between men and women with respect to the same work. Moreover, the Labour Regulation of 1993, although broader than the Constitution, had a narrower scope than the Convention with respect to equal remuneration. They pointed out that the principle provided for in the Convention covered not only the cases where men and women were performing the same or similar work, but also the more common situation where men and women were performing a different type of work. They emphasized the fact that, in the establishment of remuneration structures, the requirements for different tasks performed by men and women had to be evaluated in an impartial manner on the basis of objective criteria taking into account the various aspects of the work performed by men and women. They expressed the hope that the Government would implement the recommendations contained in the Mission report prepared by the ILO on the setting of wages and equal remuneration in 1992, which could take place within the recently created tripartite Labour Advisory Board. They requested the Government to rapidly take the necessary measures, taking into account the observations formulated by the Mission, the Committee of Experts and this Committee, to put an end to the violations in practice and in law of the fundamental principle of equal remuneration between male and female workers who were performing work of equal value. Finally, they recalled that the technical assistance of the ILO was available to the Government if they so wished.

The Workers' member of Singapore expressed her appreciation of the difficulties experienced by Nepal at this very early stage of its development and her sincere hope that whatever assistance that could be supplied by the ILO and other agencies would continue to be used to assist the country in the fulfilment of its obligations. Nevertheless, she believed that the reasoning put forward by the Government representative for allowing discrimination in pay between men and women plantation workers was seriously flawed. A policy of that nature reduced the worth of women's contribution to the economy and served to entrench women in low-skilled and low-paid jobs. In the long term, it could even discourage women from acquiring better skills and higher qualifications. Another consequence of such discrimination was that it would in the long-term depress the wages of male workers, thereby affecting standards of living in general. It would make better economic sense for Nepal to make the most effective and productive use of all its human resources, regardless of their gender, with a view to accelerating its development process. With regard to the hope expressed by the Government that it could promote the development of tea plantations through disparities in wages, she endorsed the view expressed by the Committee of Experts that many other measures existed to promote growth. In this respect, the sharing of information and the assistance of the ILO and other UN agencies could help to promote sound government policy. She noted in this regard the establishment of a tripartite Central Labour Advisory Board and the request by the Government for technical assistance. These initiatives were to be welcomed and would undoubtedly assist the country in fulfilling its obligations and promoting its development process.

The Workers' member of Pakistan welcomed the progress made in Nepal in strengthening its democratic system, as well as its ratification of the Convention and the fact that a trade union colleague had been appointed Minister of Labour. He hoped in particular that as a result of these developments women would benefit from better and fairer treatment than in the past. He agreed with previous speakers that respect for the principle of equal pay throughout the world was vital in order to allow women to play their rightful role in society. No progress could be achieved without observance of this fundamental principle, which was why it had been enshrined by member States in the ILO Constitution and the Convention. Although the Government had taken certain measures, such as fixing minimum wages, efficient labour inspection was required to apply these provisions in practice. He noted that women in the country were not encouraged to participate in trade union activities. The Government should be requested to take measures to remedy the situation in this respect. With regard to the wage discrimination that existed between men and women in certain tea plantations, the Committee should emphasize that exemptions could not be allowed to the principle of non-discrimination. He therefore called upon the Government to take more effective measures to remove the disparities in question and to show greater political will to comply with the obligations deriving from the Convention. It should request the assistance of the ILO in ensuring that the Convention was applied more fully in practice.

The Government representative stated that although rules had been adopted, it was very difficult to supervise their enforcement, particularly in small private enterprises. However, the Government would be taking initiatives in these areas.

The Committee noted the information received and the discussions which followed. The Committee shared the concern expressed by the Committee of Experts concerning wage discrimination between men and women. It noted that the Government had granted immunity from the national equal pay provisions to some employers in the tea industry in order to provide incentives to that industry and to improve the opportunities for the recruitment of women. The Committee noted with concern that the Government considers that this practice does not violate the basic provisions of the Convention. The Committee emphasized that any scheme which denies women the fundamental human right of equal pay is not in conformity with the Convention. The Committee also noted that no information had been supplied on the means adopted to apply the principle of equal pay in situations where men and women may perform work that is different but of equal value. The Committee noted that the Government had requested technical assistance for the implementation of the Convention. It also noted that the Government had not yet implemented all the recommendations of the technical assistance already provided. The Committee trusted that the Government would be able to report in the very near future that, with the assistance of the ILO, if necessary, practical and effective measures had been taken to give full effect to the Convention.

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Article 2(b). Minimum wages. The Committee recalls its previous comments concerning the minimum wage notice for tea estate workers published on 15 August 2006 which establishes monthly minimum wages according to the category of workers (unskilled, semi-skilled, skilled and highly skilled). The Committee reiterates its request to the Government to indicate how, in practice, workers are assigned to the different skill levels. Please also provide information on the number of women and men that are employed in the different wage categories. The Government is further asked to continue to provide information on the work of the wage-fixing committee and to provide any new minimum wage decisions.

Article 2(c). Collective agreements. Please provide examples of collective agreements recently concluded, if any, that determine remuneration for men and women workers covered by the agreement.

Article 3. Objective job evaluation. The Government indicates that work is being compared and measured, inter alia, “in terms of occupational categories” and “weight or physical effort”. In its report, the Government also states that in the private sector, it is the employer who classifies the position of the workers on the basis of the production process and that the classification should be notified to the labour office concerned. In this regard, the Committee previously expressed concern that assigning wage levels according to occupational categories, without an analysis of the content of the occupations concerned on the basis of objective and non-discriminatory criteria, may lead to discriminatory undervaluation of occupations traditionally dominated by women. The same may occur when physical effort is taken into account, while psychological and mental effort or manual dexterity are not being considered sufficiently (see the 2006 general observation). The Committee asks the Government to provide examples of classifications of workers determined at the enterprise level, as notified to the labour offices. It also asks the Government to indicate whether any measures are being taken or envisaged, in cooperation with workers’ and employers’ organizations, to assist employers to classify their employees on the basis of objective criteria that are free from gender-bias, as a means of promoting the application of the Convention.

Enforcement. Noting the general information provided by the Government concerning the enforcement of labour legislation, the Committee asks the Government to provide more specific information as to whether any violations of the principle of equal remuneration for work of equal value have been identified and addressed by the competent authorities, or whether any complaints in this regard have been received.

Statistical information. Noting that no statistical information regarding remuneration, disaggregated by sex, has been supplied, the Committee asks the Government once again to provide in its next report any statistical data available relating to the level of earnings of men and women.

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Articles 1 and 2 of the Convention. Application in law. The Committee recalls that article 13(4) of the interim Constitution provides that there shall be no discrimination with regard to remuneration and social security between men and women for the same work. The Committee previously indicated that this provision is not in conformity with the Convention which requires equal remuneration for men and women for work of equal value. The concept of “work of equal value” includes, but goes beyond equal remuneration for the same work, because it also requires equal remuneration for work that is different, but that is nevertheless of equal value. The Government’s attention is once again drawn to the 2006 general observation on the Convention which further elaborates on this matter. The Committee urges the Government to ensure that the Convention’s provisions are taken into account in the preparation of Nepal’s future Constitution and hopes that it will guarantee the right of men and women to equal remuneration for equal work and for work of equal value, in accordance with the Convention. Noting that the Government is in the process of preparing new draft labour legislation, the Committee also urges the Government to ensure that the future labour legislation gives full expression to the principle of equal remuneration for men and women for work of equal value.

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

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1. Wage-fixing machinery. The Committee notes from the Government’s report that, based on suggestions from the social partners, a permanent wage-fixing committee has been established chaired by the Director-General of the Department of Labour and Employment for determination of minimum wages in the formal organized sector, tea plantation and agriculture. The Committee also notes the minimum wage notice for tea estate workers published on 12 September 2006 and the minimum wage notice for all other workers published on 15 August 2006. With regard to the minimum wage notice of 15 August 2006, the Committee asks the Government to indicate the criteria being used to assign workers to the different skill levels (unskilled, semi-skilled, skilled and highly skilled). The Government is also asked to continue to provide information on the work of the wage-fixing committee and to provide any new minimum wage decisions.

2. Objective job evaluation. According to the Government, work is being compared and measured “in terms of occupational categories” and “weight or physical effort”. The Committee is concerned that assigning wage levels according to occupational categories, without analysis of the content of the occupations concerned on the basis of objective and non-discriminatory criteria, may lead to discriminatory undervaluation of occupations traditionally performed by women. The same may occur when physical effort is taken into account, while psychological and mental effort or manual dexterity are not being considered sufficiently (see the 2006 general observation). The Committee again draws attention to the importance of promoting objective job evaluation methods and asks the Government to provide information on any measures taken or envisaged in this regard.

3. Enforcement. The Committee notes that the Government’s report contains no information on the measures taken by the competent authorities to monitor and enforce wage legislation and minimum wages. The Committee, therefore, urges the Government to provide this information in its next report.

4. Statistical information. Noting that no statistical information regarding remuneration, disaggregated by sex, has been supplied, the Committee asks the Government once again to provide in its next report any statistical data available relating to the level of earnings of men and women.

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1. Articles 1 and 2 of the Convention. Application in law. The Committee notes that article 13 of the Interim Constitution 2007 provides that “no discrimination in regard to remuneration and social security shall be made between men and women for the same work”. The Committee notes that this provision is not in conformity with the Convention, under which there is an obligation to promote and ensure the principle of equal remuneration for work of equal value. In accordance with the Convention, men and women should not only receive equal remuneration when they perform the same work, but also when they perform work of equal value. The Committee has elaborated on the meaning and implications of the notion of work of equal value in its 2006 general observation to which the Government’s attention is drawn. The Committee asks the Government to ensure that the Convention’s provisions are taken into account in the preparation of Nepal’s future Constitution and hopes that it will guarantee the right of men and women to equal remuneration for work of equal value.

2. The Committee also recalls that the 1993 Labour Rules provide that, “in the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without discrimination” (Rule 11). As previously stated by the Committee, this provision is not in full conformity with the Convention, as it does not appear to allow for a comparison of work done by men and women which is different but nevertheless of equal value. The Committee once again urges the Government to ensure compliance of the national legislation with the Convention in the context of the labour legislation review process. The Government is requested to indicate the measures taken with a view to addressing this matter.

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

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1. Equal remuneration for work of equal value. The Committee recalls that section 11 of the Labour Rules, 1993, provides that, in the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination. The Committee remains concerned that section 11 does not appear to allow a comparison of work done by men and women which is different in nature. Under the Convention, it must be possible to compare remuneration received by men and women who are doing work which is of a different nature but nevertheless of equal value. The Committee urges the Government to ensure the compliance of national legislation with the Convention in the context of the labour legislation review process mentioned in its report under Convention No. 111.

2. Wage-fixing machinery. The Committee notes that, in 2004, a permanent wage-fixing committee for the formal organized sector, tea plantations and agriculture was established. The Government is requested to provide information on the functioning of this committee, including information on how it takes the principle of equal remuneration for men and women for work of equal value into account in its work.

3. Objective job appraisal. The Committee notes the Government’s statement that no specific method had been developed to compare and measure work with a view to determining remuneration. Since one of the root causes of the gender pay gap is the undervaluing of work done by women, the Committee encourages the Government to consider ways and means to promote methods for objective appraisals of jobs on the basis of the content of the work performed. Promoting such methods assists in overcoming wage inequalities that are caused by gender-biased determination of wages based on who is performing the job rather than on objective criteria related to the job content, such as skills, efforts, responsibility and working conditions. The Government is requested to supply information on any measures taken or envisaged in this regard.

4. Enforcement. The Committee recalls that the labour offices, the labour courts and the district administration offices are responsible for enforcing wage legislation and minimum wages. According to the Government’s report, cases of discrimination in respect of wages are rare in the formal economy and in tea plantations, while enforcement problems existed in the informal economy due to the limited inspection and enforcement capacity of the labour offices. In this regard the Committee asks the Government to indicate the concrete measures taken by the competent authorities to address cases of discrimination on the basis of sex in respect of wages and any other employment-related allowances or benefits in the formal economy and in tea plantations. Please indicate the number, nature and outcome of such cases addressed by the authorities. In addition, the Committee asks the Government to describe the efforts made to strengthen the enforcement of minimum wages in the informal economy, including agriculture.

5. Statistical information. Assessment of the gender wage gap. The Committee notes that the Government’s report does not contain any statistical information regarding remuneration, disaggregated by sex. The Committee therefore reiterates its request to the Government to provide with its next report any statistical data available relating to the remuneration rates of men and women, if possible according to sector and level of employment.

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The Committee notes that once again 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. The Committee notes from the report, the creation under the Labour Act, 1992, of three new minimum wage fixing committees regulating minimum wages in three sectors: tea plantation, agriculture and manufacturing. The Committee also notes from the Government’s report that the Ministry of Labour and Transport is endeavouring to strengthen the labour administration in order to monitor and supervise the implementation of the Convention. The Committee reiterates its request to the Government to supply more information on the implementation and supervision of the minimum wages machinery in practice and once again requests copies of documents pertaining to the wage-fixing committees, including any rules, orders or administrative instructions concerning wages, together with copies of the specific instruments fixing the minimum wages in the different sectors.

2. In this respect, the Committee recalls once again that the principle of equal remuneration set out in the Convention covers situations in which women and men carry out different work which is of equal value. In this respect, the Committee notes again that section 11 of the 1993 Labour Rules provide for equal remuneration for men and women workers "for the work similar or of the same nature". In these circumstances, the Committee reiterates its request to the Government to supply information in its next report on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work which is of equal value. Furthermore, the Committee reiterates its request to the Government to supply in its next report information on any measures taken to ensure the application of the principle of equal remuneration in the Convention to all employment-related benefits, including allowances.

3. With reference to the allegations made by the General Federation of Nepalese Trade Unions (GEFONT) concerning wage discrimination, the Committee notes the Government’s statement in its report to the effect that it has issued instructions for the abolition of the alleged wage discrimination. The Committee asks the Government to supply a copy of these instructions with its next report, as well as any information available on developments in the situation regarding the alleged wage discrimination.

4. The Committee also wishes to reiterate its request for copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee in 1997, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

5. The Committee notes from the Government’s report that the Central Bureau of Statistics is collecting statistical information disaggregated by sex. In this respect and with reference to its general observation of 1998, the Committee asks the Government to provide with its next report any statistical data available relating to the remuneration rates of women and men workers at the various levels.

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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. The Committee notes from the report, the creation under the Labour Act, 1992, of  three new minimum wage fixing committees regulating minimum wages in three sectors: tea plantation, agriculture and manufacturing. The Committee also notes from the Government’s report that the Ministry of Labour and Transport is endeavouring to strengthen the labour administration in order to monitor and supervise the implementation of the Convention. The Committee reiterates its request to the Government to supply more information on the implementation and supervision of the minimum wages machinery in practice and once again requests copies of documents pertaining to the wage-fixing committees, including any rules, orders or administrative instructions concerning wages, together with copies of the specific instruments fixing the minimum wages in the different sectors.

2. In this respect, the Committee recalls once again that the principle of equal remuneration set out in the Convention covers situations in which women and men carry out different work which is of equal value. In this respect, the Committee notes once again that section 11 of the 1993 Labour Rules provide for equal remuneration for men and women workers "for the work similar or of the same nature". In these circumstances, the Committee reiterates its request to the Government to supply information in its next report on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work which is of equal value. Furthermore, the Committee reiterates its request to the Government to supply in its next report information on any measures taken to ensure the application of the principle of equal remuneration in the Convention to all employment-related benefits, including allowances.

3. With reference to the allegations made by the General Federation of Nepalese Trade Unions (GEFONT) concerning wage discrimination, the Committee notes the Government’s statement in its report to the effect that it has issued instructions for the abolition of the alleged wage discrimination. The Committee asks the Government to supply a copy of these instructions with its next report, as well as any information available on developments in the situation regarding the alleged wage discrimination.

4. The Committee also wishes to reiterate its request for copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee in 1997, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

5. The Committee notes from the Government’s report that the Central Bureau of Statistics is collecting statistical information disaggregated by sex. In this respect and with reference to its general observation of 1998, the Committee asks the Government to provide with its next report any statistical data available relating to the remuneration rates of women and men workers at the various levels.

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The Committee notes the information contained in the Government’s report.

1. The Committee notes from the report, the creation under the Labour Act, 1992, of  three new minimum wage fixing committees regulating minimum wages in three sectors: tea plantation, agriculture and manufacturing. The Committee also notes from the Government’s report that the Ministry of Labour and Transport is endeavouring to strengthen the labour administration in order to monitor and supervise the implementation of the Convention. The Committee reiterates its request to the Government to supply more information on the implementation and supervision of the minimum wages machinery in practice and once again requests copies of documents pertaining to the wage-fixing committees, including any rules, orders or administrative instructions concerning wages, together with copies of the specific instruments fixing the minimum wages in the different sectors.

2. In this respect, the Committee recalls once again that the principle of equal remuneration set out in the Convention covers situations in which women and men carry out different work which is of equal value. In this respect, the Committee notes once again that section 11 of the 1993 Labour Rules provide for equal remuneration for men and women workers "for the work similar or of the same nature". In these circumstances, the Committee reiterates its request to the Government to supply information in its next report on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work which is of equal value. Furthermore, the Committee reiterates its request to the Government to supply in its next report information on any measures taken to ensure the application of the principle of equal remuneration in the Convention to all employment-related benefits, including allowances.

3. With reference to the allegations made by the General Federation of Nepalese Trade Unions (GEFONT) concerning wage discrimination, the Committee notes the Government’s statement in its report to the effect that it has issued instructions for the abolition of the alleged wage discrimination. The Committee asks the Government to supply a copy of these instructions with its next report, as well as any information available on developments in the situation regarding the alleged wage discrimination.

4. The Committee also wishes to reiterate its request for copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee in 1997, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

5. The Committee notes from the Government’s report that the Central Bureau of Statistics is collecting statistical information disaggregated by sex. In this respect and with reference to its general observation of 1998, the Committee asks the Government to provide with its next report any statistical data available relating to the remuneration rates of women and men workers at the various levels.

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In its general observation of 1998 on this Convention, the Committee has underlined the need for more complete information in order to permit an adequate evaluation of the nature, extent and causes of pay differentials between men and women and the progress achieved in implementing the principle of the Convention. The Committee hopes that the Government will supply, in its next report, relevant statistics on the tea plantations as well as other sectors of the economy, in particular government-run agricultural farms, carpet and garment industries and manufacturing activities.

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The Committee notes the Government's report as well as the attached information.

1. The Committee notes with interest the adoption of Government Order No. 2(A) of 14 April 1997 establishing the new tripartite Minimum Wages Fixation Committee, and the special Government Order No. 21(A) of 18 July 1997 establishing a tripartite Minimum Wages Fixation Committee for the workers and employees in tea plantations. The Government has indicated that the establishment of these mechanisms is in accordance with the recommendations of the ILO advisory mission on wages and equal pay (1993). The Committee also notes Government Order No. 20(B) fixing the minimum wages for the workers and employees working in all enterprises covered by the Labour Act of 1991, and Government Order No. 22(E) fixing the minimum wages for the workers and employees working in tea plantations, which provide that "equal remuneration and allowances shall have to be paid to both the male and female workers for equal work done by them". While welcoming these provisions, the Committee recalls that, in previous observations, and in particular with regard to the principle of equal pay embodied in article 11(5) of the 1990 Constitution and section 11 of the 1993 labour rules (which only guarantee equal remuneration for equal work), it has pointed out repeatedly that the principle of the Convention is intended to cover not only cases where men and women undertake the same or similar work, but the more usual situation where they carry out different work which is nevertheless of equal value. The Committee urges the Government to supply, in its next report, information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work, including in the tea plantation sector.

2. Notwithstanding the abovementioned Government Order fixing minimum wages in tea plantations, the Committee notes that the Government's report fails again to refer to any measures taken to ensure that no exceptions to the equal pay provisions are granted to employers in this sector, and that women's pay in private, as well as public, tea plantations is brought into line with that of men in accordance with national constitutional and legal provisions, and the Convention. It expresses the firm hope that the Government's next report will contain relevant information in this regard. The Committee also wishes to repeat its request for copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee in 1997, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

3. With regard to the comments of the General Federation of Nepalese Trade Unions (GEFONT) concerning alleged wage discrimination between men and women in government-run agricultural farms, carpet and garment industries and manufacturing activities, the Committee asks the Government once again to provide information on measures taken to ensure that equal remuneration is paid to women and men in these sectors.

4. Further to the comments made by GEFONT with regard to Metropolis KMC's discriminatory practices on the basis of sex, in relation to wages, incentives and benefits, the Committee notes that the Government's report contains no reply on this matter. It requests the Government once again to provide information on this issue raised by GEFONT and on any measures taken to ensure the application of the principle of equal remuneration in the Convention to all employment-related benefits, including allowances.

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1. The Committee notes the statement in the Government's report that with the fixing of the new minimum wage, and the commitment of the Nepal Ministry of Labour to ensure its effective implementation, discrimination between men and women with regard to remuneration no longer exists in establishments covered by labour legislation, including the plantation sector. The Committee also notes the comments of the General Federation of Nepalese Trade Unions (GEFONT), sent to the Government by a letter of 29 August 1998, stating that wage discrimination between men and women still exists in tea plantations, government-run agricultural farms, carpet industries and some of the garment and manufacturing establishments.

2. In previous observations, the Committee had expressed concern about wage discrimination between men and women, particularly in relation to the exemption (granted to employers in tea plantations) from paying women workers equal remuneration. It had reiterated that any scheme which denies women the basic human right of equal pay is a violation of the Convention, as well as the national constitutional and legal provisions. This view was also shared by the Conference Committee in the conclusion of its June 1997 discussion. Moreover, the Committee had suggested that if measures were needed to encourage the development of tea plantations and to encourage women's employment in that sector, the Government should explore the introduction of other non-discriminatory measures, such as granting special tax relief to employers.

3. While noting the assurances of the Government in its most recent report, the Committee remains concerned that the Government has not referred, in either the Conference Committee or in its reports, to any measures taken to remove the exemption which allows employers in tea plantations to pay lower wage rates to women workers. The Committee must once again call upon the Government to supply more detailed substantiation (such as studies, surveys, statistics, administrative decisions) in its next report on the measures taken to ensure that no more exceptions to the equal pay provisions are granted to employers in the tea plantation sector, and that women's pay in private, as well as public, tea plantations is brought into line with that of men in accordance with the national constitutional and legal provisions, and the Convention. It also requests the Government to provide information on measures taken to ensure that equal remuneration is paid to women and men in government-run agricultural farms, carpet industries and garment and manufacturing establishments, and to supply relevant statistics on the tea plantations as well as these other sectors in accordance with the general observation being made on this Convention at the present session.

4. The Committee further notes the statement in GEFONT's comment that Metropolis KMC is still discriminating between men and women in wages, incentives and benefits, such as in providing NRs.800 to male garbage cleaners and only NRs.150 to female workers to buy their aprons. The Committee observes that remuneration under the Convention includes benefits in kind such as the allotment and laundering of working clothes, and that any differences in payments or allotments should not be based on the sex of the worker. The Committee hopes that in future the Government will be in a position to provide information on this issue raised by GEFONT and on any measures taken to ensure the application of the principle of equal remuneration in the Convention to all employment-related benefits including allowances.

5. Once again, the Committee requests the Government to furnish copies of all documents pertaining to the new tripartite wage-fixing committee, including any rules, orders or administrative instructions concerning wages, together with copies of the specific instrument fixing the minimum wage in tea plantations. In addition, the Committee asks the Government to forward copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee in 1997, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

6. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules -- which provides that "In the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination ..." -- is also a narrower formulation of the principle of equal pay than that required by the Convention. The Committee pointed out that the principle of the Convention is intended to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the Committee pointed out that the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria that take adequate account of the various aspects of men's and women's work. As the Government has provided no information in this regard, either in the Conference Committee or in any of its reports, the Committee must once again express the hope that the Government will address this matter, in line with the recommendations contained in the report of the ILO advisory mission on wage fixing and equal pay (presented to the Government in 1993), and that its next report will contain detailed information on the measures taken.

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1. In its previous comments, the Committee expressed concern about wage discrimination between men and women, especially in the organized tea plantations. This same concern was shared by the Conference Committee in its June 1997 discussion. The Government stated that the principle of equal remuneration was applied in such a manner that its infringement was penalized, but that certain immunities had been granted exceptionally to employers in tea estates in order both to provide incentives to that industry -- which is in an infant stage of development -- and to enhance the employment opportunities of female workers. The Government had also stated that this exemption, which is a temporary arrangement, has taken into consideration the national customary practices and prevailing wage differences in tea plantations.

2. In its previous observation, the Committee had reiterated that any scheme which denies women the basic human right of equal pay is a violation of the Convention and, in this case, of the national constitutional and legal provisions. It had also indicated that if such a scheme is in line with national customary practices and prevailing wage differences in tea plantations, there was even more concern over the application of the Convention, as it would appear that the exemption in question was granted in order to legitimize an existing practice that already contravened national legislation and the Convention. Moreover, this raised questions about the intended duration of the exemption. Accordingly, the Committee had urged the Government to remove forthwith the exemption from equal pay for women workers granted to employers in tea plantations and in any other industry in which similar exemptions have been made. If measures were needed to encourage the development of tea plantations and to encourage women's employment in that sector, the Committee had suggested that the Government explore the introduction of a range of non-discriminatory measures, such as granting special tax relief to employers in the industry.

3. The Committee notes that during the discussion in the Conference Committee, the Government representative stated that workers received equal pay without discrimination in the public sector tea plantations and that steps were being taken by the Government to ensure that a similar situation prevailed in the privately owned plantations. In particular, in line with the recommendations contained in the report of the ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993), a tripartite minimum wage-fixing committee had been constituted, which had fixed the same minimum wage for male and female tea plantation workers. In addition, the Government representative stated that the monitoring and supervision of the wages paid in privately owned plantations had been strengthened. The Government's report confirms that a minimum wage in line with the Convention is being enforced in the plantation sector.

4. The Committee notes these initiatives but remains concerned that the Government has not referred, either in the Conference Committee or in its report, to any measures taken to remove the exemption which allows employers in tea plantations to pay lower wage rates to women workers. Accordingly, the Committee requests the Government to provide a copy of the legal instrument which gave rise to the situation in which women workers in tea plantations are excluded from the guarantees accorded by both the Convention and the national Constitution, and a copy of the instrument repealing that exemption.

5. The Committee requests the Government to furnish copies of all documents pertaining to the new tripartite wage-fixing committee, including any rules, orders or administrative instructions relating to its composition and functions, together with copies of the specific instrument fixing the minimum wage in tea plantations. In addition, the Committee asks the Government to forward copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

6. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules -- which provides that "In the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination ..." -- is also a narrower formulation of equal pay than that required by the Convention. The Committee pointed out that the principle of the Convention is intended to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the Committee pointed out that the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria that take adequate account of the various aspects of men's and women's work. As the Government has provided no information in this regard, either in the Conference Committee or in its report, the Committee must once again express the hope that the Government will address this matter, in line with the recommendations made by the ILO mission and that its next report will contain detailed information on the measures taken.

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1. In its previous comments, the Committee expressed concern about wage discrimination between men and women, especially in the organized tea plantations. The Government stated that the principle of equal remuneration was applied in such a manner that its infringement was penalized, but that certain immunities had been granted exceptionally to employers in tea estates in order both to provide incentives to that industry - which is in an infant stage of development - and to enhance the employment opportunities of female workers. The Committee reiterated that the Convention enshrines a fundamental human right that applies to all workers in the economy without exception. While acknowledging the need for governments to award incentives to newly emerging industries, the Committee stressed that any such initiatives must be free of discrimination.

2. In its report, the Government states that wage differences between men and women do exist, especially in the organized tea plantations and that the exemptions, which are a temporary arrangement, have taken into consideration the national customary practices and prevailing wage differences in tea plantations, so as not to discourage women's employment in this sector. The Government states that it is committed to ensuring to all workers covered by labour laws the fundamental human rights conferred on citizens by the Constitution, in line with the spirit of the Convention. The Government also points out that it has constituted very recently a tripartite central Labour Advisory Board, which will review all the present inconsistencies, flaws and anomalies in the labour and related fields to keep them abreast of the letter and spirit of the national Constitution and of ratified ILO Conventions. The Government gives its assurance that no immunities or incentives will be given to employers that either jeopardize the constitutional provisions or violate basic human rights and the requirements of Conventions. The Government considers, however, that it should be given some flexibility to implement the Convention in a realistic way, taking into consideration the peculiarities of the socio-economic and customary practices that do not violate the basic principle of the Convention.

3. The Committee must repeat once again that any scheme which denies women the fundamental human right of equal pay is not in conformity with the basic principle of the Convention. In this case, it also does not appear to be in conformity with the national constitutional and other legal provisions. The Government's statement that such a scheme is in line with national customary practices and prevailing wage differences in tea plantations increases the Committee's concern over the application of the Convention, as it would appear that the exemption in question was granted in order to legitimise an existing practice that already contravened national legislation and the Convention. This also raises questions about the intended duration of the exemption. Accordingly, the Committee urges the Government to remove forthwith the exemption from equal pay for women workers granted to employers in tea plantations and in any other industry in which similar exemptions have been made. If it is considered that measures need to be adopted both to encourage the development of tea plantations and to encourage women's employment in that sector, the Committee suggests that the Government explore - perhaps in a meeting of the central Labour Advisory Board - the introduction of a range of non-discriminatory measures, such as granting special tax relief to employers in the industry.

4. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules - which provides that "In the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination" - is also a narrower formulation of the equal pay principle than that required by the Convention. The Committee pointed out that the principle of the Convention is intended to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the Committee pointed out that the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria that take adequate account of the various aspects of men's and women's work.

5. In its report, the Government expresses its need for technical assistance to determine the wage structure in a rational and pragmatic way. It also indicates its hope to introduce a system for the objective appraisal of jobs and reiterates its request for ILO assistance in this regard. The Committee once again expresses the hope that the Government will examine the recommendations already contained in the report of an ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993) and that the Government's next report on this Convention will contain information on any measures taken towards their implementation. It will also ask the responsible services in the Office to discuss with the Government any further assistance that might be useful.

[The Government is asked to supply full particulars to the Conference at its 85th Session.]

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1. The Committee notes with regret that the Government's report has not been received. It notes that the principle of the Convention was not explicitly included in the Labour Code of 15 May 1992 and that the Labour Rules of 8 November 1993 (section 11) proscribe discriminatory remuneration between male and female workers only where they are engaged in work "of the same nature in an establishment".

2. Recalling that in its previous observations the Committee had noted that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration "for the same work", a concept narrower than that used in Article 2, paragraph 1, of the Convention, the Committee asks the Government to supply details in its next report on how the principle of equal remuneration for work of equal value between men and women is applied where the work is different. In this connection, the Committee notes that concern has been expressed by the United Nations Human Rights Committee, in the context of its examination of Nepal's application of the International Covenant on Civil and Political Rights, over discrimination against women in the field of wages (CCPR/C/79/Add.42 of 4 November 1994). The Committee recalls once again that in its 1990 General Observation on this Convention, it emphasized the importance of ensuring the legislative application of the Convention. The Committee hopes that the Government will take all necessary measures to ensure that sex-based discrimination in remuneration is prohibited also for work of equal value.

3. In its previous observation the Committee had noted with interest that the Government had requested ILO advice and technical cooperation on job evaluation and on other matters relevant to the effective implementation of the Convention. Observing that the report on the ILO mission undertaken in this context (transmitted to the Government in February 1993) contained several recommendations for facilitating the implementation of the Convention, the Committee asks the Government to inform it, in its next report, of the measures taken or envisaged to act on these recommendations aimed at applying the provisions of the Convention.

4. The Committee would appreciate receiving details on the functioning of the newly established Minimum Remuneration Determination Committee, in particular its recommendations under section 21(3) of the Labour Act concerning "other facilities", given that section 2(r) of that Act defines "remuneration" to exclude "allowances or facilities of any kind", and that Article 1(a) of the Convention defines "remuneration" to include any additional emoluments whatsoever.

CMNT_TITLE

1. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules - which provides that "in the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination" - is also a narrower formulation of equal pay than that required by the Convention. The Committee had also noted the concern expressed by the United Nations Human Rights Committee over discrimination against women in a number of respects, including wages (UN document CCPR/C/79/Add.42, 4 November 1994).

2. The Government states, in its report, that it is neither the spirit of the Constitution nor of the Convention that unequals are to be treated equally and that when and where the work differs, it is natural that there be differences in remuneration. As the Committee has pointed out on numerous occasions, the principle of the Convention is intended precisely to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria, that take adequate account of the aspects of men's and women's work. On this question of job evaluation, the Committee hopes that the Government will examine the recommendations contained in the report of an ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993) and that the Government's next report on this Convention will contain information on any measures taken towards their implementation.

3. Referring to earlier comments about wage discrimination between men and women, especially in the organized tea plantations, the Government states that the principle of equal remuneration is applied in such a manner that its infringement is penalized, but that certain immunities have been granted exceptionally to employers in tea estates in order both to provide incentives to that industry - which is in an infant stage of development - and to enhance the employment opportunities of female workers. The Committee understands this to mean that the Government has taken action to exclude women workers in tea plantations from the guarantees accorded by both the Convention and the national Constitution. The Committee requests the Government to provide copies of the legal instrument granting such an exemption to employers in tea gardens. Please also indicate whether similar exemptions have been granted to employers in other industries. The Committee wishes to emphasize that the Convention, which enshrines a fundamental human right, applies to all workers in the economy and that no exceptions are permitted. While appreciating the necessity for awarding incentives to newly-emerging industries, the Committee stresses the need to ensure that any such initiatives be free of discrimination. The Committee trusts that the Government will report, in full, on the measures taken to ensure the application of the Convention to women workers in tea gardens, and in any other industry exempted from the guarantee of the Convention, in its next report.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the provisions of the new Constitution of the Kingdom of Nepal, 1990, Article 11(5) of which proscribes discrimination between men and women in regard to remuneration "for the same work". Referring to its 1990 General Observation, where the Committee emphasized the importance of ensuring the legislative application of the Convention, the Committee hopes that the Government will take all necessary measures to ensure that discrimination in remuneration is prohibited also for work of equal value. As new labour legislation will, according to the previous Government's report, be submitted to the next session of Parliament, the Committee urges the Government to take this opportunity to ensure legislative conformity with the Convention. Noting moreover with interest that the Government has requested advice and technical cooperation on job evaluation and on other matters relevant to the effective implementation of the Convention, the Committee suggests that the Office also be afforded an opportunity to comment on the draft legislation before it has been finalized, from the point of view of applying the provisions of the Convention. The Committee hopes that the Government will provide information on any measures taken as a result of Office assistance to further the application of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the provisions of the new Constitution of the Kingdom of Nepal, 1990, Article 11(5) of which proscribes discrimination between men and women in regard to remuneration "for the same work". Referring to its 1990 General Observation, where the Committee emphasised the importance of ensuring the legislative application of the Convention, the Committee hopes that the Government will take all necessary measures to ensure that discrimination in remuneration is prohibited also for work of equal value. As new labour legislation will, according to the Government's report, be submitted to the next session of Parliament, the Committee urges the Government to take this opportunity to ensure legislative conformity with the Convention. Noting moreover with interest that the Government has requested advice and technical cooperation on job evaluation and on other matters relevant to the effective implementation of the Convention, the Committee suggests that the Office also be afforded an opportunity to comment on the draft legislation before it has been finalised, from the point of view of applying the provisions of the Convention. The Committee hopes that the Government will provide information on any measures taken as a result of Office assistance to further the application of the Convention.

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The Committee notes the information supplied by the Government in its two reports in reply to the Committee's previous comments.

1. It notes with interest the information contained in the booklet sent by the Government concerning the introduction of skill standards, testing and certification in Nepal, with the assistance of the ILO. The Committee notes that these skill standards are established by committees of experts for several occupational branches composed, among others, of employers' and workers' representatives. It requests the Government to continue supplying information on any developments in this respect.

2. The Committee recalls that, by virtue of section 60(b) of the Factories and Factory Workers' Act 1959, the Government can extend the scope of the Act to workers from other sectors through notification in the Nepal Gazette. It notes that two bills are currently being drafted to extend the scope of the 1959 Act to tea plantation workers and workers in transport enterprises. It also notes that agricultural workers will be subject to a special law that is now being adopted, since the 1959 Act cannot be applied to them. The Committee requests the Government to supply a copy of the texts concerning tea plantation workers and workers in transport enterprises once they have been adopted, and a copy of the text applying specifically to agricultural workers. The Committee also requests the Government to supply information concerning any extension of the scope of the 1959 Act to other sectors.

3. The Committee noted previously that, in addition to the legal minimum wage to which workers in enterprises are entitled, employers provide increments and other monetary facilities on the basis of the personal qualities and capabilities of the workers. It requested the Government to indicate the measures ensuring that effect is given to the principle of equal remuneration in respect of wages that are higher than the legal minimum. The Government indicated in its report that wages that are higher than the minimum levels are paid on the basis of the effectiveness of the workers and the financial situation of the enterprise. The Committee therefore requests the Government to indicate how the application of the principle of equal pay for work of equal value is ensured in such cases.

4. As regards the report, the Committee notes that the labour inspection services are responsible for supervising the implementation of labour legislation. It requests the Government to indicate whether violations of the principle set out in the Convention have been penalised by the labour inspection services.