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

Articles 1 and 2 of the Convention. Legislation. The Committee recalls its previous comments concerning section 4(2) of the Labour Code, 1987, which provides that one of the factors that should be taken into account in the determination of wages is the principle of equal remuneration for “work of the same nature and the same volume carried out in identical conditions”. The Committee, over many years, has drawn the Government’s attention to the fact that section 4(2) of the Labour Code is not in conformity with the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Convention goes beyond requiring equal remuneration for work of the same nature carried out in identical conditions, because the concept of “work of equal value” includes also work that is of an entirely different nature and work which is carried out in different conditions, but which is nevertheless of equal value. In this regard, the Committee draws the Government’s attention to its 2006 general observation on the Convention which further elaborates on this issue. The Committee asks the Government to bring the legislation into conformity with the Convention. It trusts that the Government will take the necessary measures to include in the draft Labour Code provisions giving 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.