Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Article 1 of the Convention. Work of equal value. In its previous comments, the Committee noted the adoption of the Act respecting equality of opportunities, published on 22 May 2000, to eliminate any type of discrimination against women and to achieve equality for men and women before the law. The Committee indicated to the Government that section 44 of the Act requires the payment of equal wages for equal work, provided that the job, the working day and the conditions respecting efficiency and seniority are also equal. The Committee reminded the Government that the Convention requires the establishment of equal remuneration for men and women "for work of equal value", and that in selecting the "value" of work as the basis for comparison between the work of men and women, the Convention has a broader meaning than "equal remuneration for the same work". The Committee noted that the Act respecting equality of opportunities was undergoing a process of amendment, which would be approved in 2004. It asked the Government to consider amending section 44 during this revision process so that it fully applies the principle set out in the Convention, thereby making it possible to compare jobs that are different but nevertheless of equal value.

2. The Committee notes that, although the Convention may be applied by various means and not only through legislation, where laws and regulations exist on equal remuneration, they must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore asks the Government once again to consider amending the legislation referred to above to give expression in law to the principle set out in the Convention, which provides for equal remuneration for work of equal value, and to supply information on this subject in its next report.

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