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

Article 1(b) of the Convention. Work of equal value. The Committee recalls that article 23(ii)(a) of the Constitution provides that all workers shall receive wages appropriate to the quantity and quality of the work, which is more restrictive than the principle contained in Article 1(b) of the Convention. It also recalls that the Labour Code, while defining the terms “wages” and “worker”, does not include a provision expressly providing for equal remuneration for men and women for work of equal value. The Committee notes that the Labour Code was amended in 2008 (Act No. 48/2008) but that no provisions were included concerning equal remuneration for men and women for work of equal value. For a number of years, the Committee has been drawing the attention of the Government to the fact that the provisions in the Constitution and the Labour Code are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value, and may hinder progress in eradicating gender-based pay discrimination. Moreover, while criteria such as quality and quantity may be used to determine the level of earnings, the use of only these criteria may have the effect of impeding an objective evaluation of the work performed by men and women on the basis of a wider range of criteria, free from gender bias. This is crucial in order to eliminate effectively the discriminatory undervaluation of jobs traditionally performed by women. The Committee once again refers to its general observation of 2006 and urges the Government to take immediate steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. Such provisions should cover situations where men and women are performing the same or similar work as well as situations where they carry out work that is of an entirely different nature but is nevertheless of equal value.

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