Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2 of the Convention. Implementation of the principle of equal remuneration for work of equal value. The Committee recalls that it has been asking the Government to improve the application of the Convention, including by reviewing and revising the current legislation, in particular the Manpower Act (No. 13/2003) with a view to giving explicit legal expression to the principle of the Convention. The Committee notes, however, with regret that the Government merely makes renewed references in its report to the existing instruments without supplying information on the progress made and problems encountered in the application of legislative and administrative instruments or without replying to the specific requests made in the previous observation. The Committee therefore urges the Government to take steps to give explicit legal expression to the principle of equal remuneration for women and men for work of equal value, including an analysis in consultation with the social partners of the effect given to the Convention through the Manpower Act (No. 13/2003).

The Committee has been drawing attention to specific provisions of the national legislation which are considered discriminatory. Government Decree No. 37 of 1967 and Decree of the Minister of Agriculture No. 418/KPTS/EKKU/5/1981 contain disparate treatment between men and women in relation to payment of employment-related benefits and the Committee has been asking the Government to clarify whether and how these instruments have been revised. In addition, it has been expressing its concern over the possible discriminatory impact on women’s employment-related benefits and allowances of section 31(3) of the Marriage Act (No. 1/1974), which provides that the husband is the head of the household. The Committee urges the Government to take the necessary measures to:

(i)    revise or repeal the abovementioned provisions; and

(ii)   ensure that no direct or indirect discrimination against women exists in practice with respect to family allowances and employment-related benefits.

It also asks the Government to provide information on any progress made in this regard.

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