Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes that the Labour Code amendments of 2001 (Labour Code (Amendments and Additions) Act, Decree No. 44, 12 March 2001) introduced new article 243 in the Labour Code, which contains the "right to equal remuneration for the same or equivalent work" and applies that right "to all payments arising in respect of employment". In its previous direct request, the Committee had noted that the amendment introduced in the National Assembly by Council of Ministers’ Decision No. 484/10 of July 2000 was framed in such terms as to provide for men and women to receive equal pay for work of equal value. The Committee recalls, as it noted in paragraph 19 of its 1986 General Survey, that the obligations arising from Article 1 of the Convention"go beyond a reference to ‘the same’ or ‘similar’ work", and extend to work "of equal value", which requires a broader comparison of jobs. The Committee expresses its concern over the adoption of this restricted approach in legislation. It must underscore the importance of ensuring that women who undertake different work from men but work that is of equal value, based on objective job appraisals using criteria, such as responsibility, skill, effort and working conditions be paid equal remuneration. It must also draw attention to the important role that legislation plays in implementing the Convention and the importance of it being in conformity with the Convention. The Committee therefore asks the Government to indicate the manner in which it intends to bring its laws in conformity with Article 1 of the Convention.

The Committee is addressing a request directly to the Government on other points.