Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 1(b) of the Convention. Work of equal value. For a number of years the Committee had noted that section 5(a) of the 1990 Rules implementing Republic Act No. 6725 of 12 May 1989, which defined work of equal value to be "activities, jobs, tasks, duties or services […] which are identical or substantially identical", appears to restrict the application of the principle of equal remuneration for men and women workers to jobs which are essentially the same - a concept which is narrower than that required by the Convention. The Committee recalled in this regard that a proposed amendment of section 135(a) of the Labor Code provided for equal remuneration for men and women "for work of equal value whether the work or tasks are the same or of a different nature". Noting that the Government merely states in its reply that it has taken note of the Committee’s observation, the Committee stresses that, while there is no general obligation to enact legislation, existing legislative provisions that are not fully in conformity with the provisions of the Convention should be amended to bring it into conformity with the meaning of the Convention. It, therefore, hopes that the Government will make every effort to adopt the proposed amendment to the Labour Code or to amend its regulation, so that it is in conformity with Article 1(b) of the Convention. In the meantime, the Committee reiterates its request to the Government to provide information on the measures taken to apply, in practice, the principle of equal remuneration between men and women workers for work of equal value where women and men carry out different work.

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