Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

1. Article 1(b) of the Convention. Work of equal value. For a considerable number of years, the Committee has been asking the Government to bring its legislation into conformity with the Convention. The Committee had noted in this regard 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”, appeared to restrict the application of the principle of equal remuneration for men and women workers to jobs which were essentially the same – a concept which was narrower than that required by the Convention. The Committee had further recalled 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”. The Committee notes that in its reply the Government merely states that Republic Act (RA) No. 6727 (Wage Rationalization Act) and the Labor Code do not distinguish or differentiate between wages of men and women and that the minimum wages apply to all workers.

2. The Committee recalls its general observation of 2006 on this Convention in which it notes that:

… difficulties in applying the Convention in law and in practice result in particular from a lack of understanding of the scope and implications of the concept of “work of equal value”. … “Work of equal value” includes but goes beyond equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. …

The observation further noted that legal provisions that are narrower than the principle as laid down in the Convention hindered progress in eradicating gender-based pay discrimination against women at work because they do not give expression to the concept of “work of equal value”. In line with its general observation, the Committee urges the Government to take the necessary steps to amend its legislation so that it not only provides for equal remuneration for equal, the same or similar work, but also prohibits pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee further 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 for work of equal value where women and men carry out different work.

3. Article 3. Objective job evaluation. For a number of years the Committee has been asking the Government to provide information on any methods available which permit objective evaluation of jobs in accordance with Article 3(1) of the Convention. The Committee noted in the past that the Department of Labor and Employment (DOLE) was developing such methods. The Committee regrets to note that the Government’s report continues to omit information in this regard. The Committee refers to its general observation on this Convention which states that:

… in order to establish whether different jobs are of equal value, there has to be an examination of the respective tasks involved. This examination must be undertaken on the basis of entirely objective and non-discriminatory criteria to avoid an assessment being tainted by gender bias. While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3). … Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias.

4. The Committee urges the Government to take measures to promote an objective evaluation of jobs free from gender bias taking into account the guidelines provided in its general observation of 2006. The Committee also asks the Government to supply information on any initiatives taken by the workers’ and employers’ organizations to determine wages on the basis of an objective evaluation of jobs.

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