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

Article 1 of the Convention. Work of equal value. The Committee has over a number of years expressed the hope that full legislative expression would be given to the principle of equal remuneration for work of equal value. The Committee noted in its previous comments that the new Labour Code, which came into effect on 23 April 2006, contained no reference to equal remuneration for men and women for work of equal value. The Committee notes the Government’s assertion that the law is applied equally to men and women, and no laws set out separate wage rates for women and men. The Government also states that the provision providing that employers are obliged “to treat men and women employees on equal terms as regards remuneration when the conditions and circumstances of the work are the same” (Order No. 37 of 1994) covers the principle of the Convention.

The Committee recalls that neither the absence of separate wage rates for women and men nor the absence of legislative provisions discriminating against women is sufficient to apply fully the principle of the Convention, because the concept of equal value is not addressed. Nor does Order No. 37 address work of equal value, as it is limited to work that is undertaken under the same conditions and circumstances, whereas the Convention also requires comparisons between jobs that are carried out under different conditions and circumstances. The Committee draws the Government’s attention to the Committee’s 2006 general observation underscoring the importance of providing expressly for equal remuneration not only for work that is equal, the same or similar, but also for work that is of an entirely different nature, but which is nevertheless of equal value. This is particularly important given that occupational sex segregation remains a prominent feature of the Saudi labour market. The Committee stated in its general observation that legal provisions which are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work as they do not give expression to the concept of “work of equal value”. The Committee, therefore, asks the Government to take the necessary measures for the adoption of legislation to ensure application of the principle of equal remuneration for men and women for work of equal value in both the public and private sectors, and to provide information on the steps taken to this effect.

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