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

For several years, the Committee has been asking the Government to indicate whether it is considering the possibility of setting out in the legislation the principle laid down in Article 2 of the Convention. The Committee regrets to note that the Government, reiterating the statement made in previous reports, replies in its latest report that this Article of the Convention is given effect by the following articles of the Constitution: article 2(2), under which "every person has the right: (…) to equality before the law. No one may be discriminated against on account of origin, race, gender, (…)"; article 24, under the terms of which "the worker is entitled to a fair and adequate remuneration enabling him to provide for himself and his family material and spiritual well-being (…)"; and article 26(1) which provides that the principle of equality of opportunity without discrimination, inter alia, shall be respected in employment relations. The Government also refers to section 30 of the single codified text of Legislative Decree No. 728, which provides that acts of discrimination on grounds of sex, race, religion, opinion or language constitute acts of hostility, punishable by dismissal. The Committee once again reminds the Government that these legislative provisions are inadequate for the application of the principle of equal remuneration for men and women workers for work of equal value, particularly in relation to work which is of a different nature. The Committee has pointed out on a number of occasions that, while there is no general obligation to adopt legislation setting forth this principle under the terms of the Convention, doing so is one of the most effective means of ensuring its application. The Committee therefore once again requests the Government to indicate whether it envisages setting out in the legislation the principle contained in the Convention.

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