Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1 and 2 of the Convention. Work of equal value. The Committee has been noting for a number of years that section 49(2) of the 1999 Labour Code, providing for equal remuneration for “male and female employees performing the same work” is narrower than the principle of the Convention, which goes beyond the same work, and encompasses work which is different but is nevertheless of equal value. The Committee notes that in the Government’s most recent report reference continues to be made to equal remuneration for the same work. The Committee draws the Government’s attention to the Committee’s 2006 general observation underscoring the importance of providing for equal remuneration not only for work that is equal, the same or similar, but also for work that is of an entirely different nature, but which is nevertheless of equal value. The Committee stated in its general observation that legal provisions that are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work, as they do not give expression to the concept of “work of equal value”. The Committee also notes from the Government’s report that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law to ensure gender equality and implement the principle of the Convention. The Committee hopes that in drafting the Gender Equality Law the opportunity will be taken to incorporate a specific provision on equal remuneration between men and women for work of equal value. The Committee asks the Government to take measures for the adoption of legislation to ensure equal remuneration for men and women for work of equal value in both the public and private sectors, and to provide information on the steps taken to this effect. Please also provide information on the status of the draft Gender Equality Law, and on any activities undertaken by the National Committee for Gender Equality to promote the principle of the Convention.

Articles 2 and 4. Collective agreements and the role of the social partners. The Committee notes that the Government refers to the importance of collective agreements in ensuring the principle of equal remuneration for work of equal value. The Government states in particular that it cooperates with the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU) in implementing the principle of the Convention, and that every year a collective agreement is agreed with them. The Government also refers to relevant tripartite agreements at various levels, including regional, sectoral and local. The Committee asks the Government to provide a summary of the provisions of collective agreements and tripartite agreements addressing the issue of equal remuneration for work of equal value.

Article 2(2)(b). Minimum wages. The Committee once again asks the Government to provide a copy of the Minimum Wage Act of 1998, and also to indicate how it is ensured that minimum wages are fixed without undervaluing jobs and occupations dominated by women.

Article 3. Objective job evaluation. The Committee notes that on the issue of objective job evaluation, the Government refers to recommendations approved by the National Tripartite Committee for Labour and Social Consultation on remuneration in economic entities and organizations, pursuant to which organizations apply different structures to different groups depending on their specificities. The Government goes on to refer to the provision of the Public Service Law pursuant to which a performance agreement is assessed for a public servant based on his or her performance and qualifications. The Committee notes that there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee recalls its 2006 general observation in which it points out that “in order to establish whether different jobs are of an equal value, there has been an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. … it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee asks the Government to provide more information regarding how the recommendations of the National Tripartite Committee for Labour and Social Consultation on remuneration in economic entities and organizations relate to objective job evaluation, and what methodology is used. Please provide any other information on measures taken to implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government states that joint inspections with the social partners are carried out from time to time to examine remuneration issues and deal with complaints. The Government indicates that these inspections show that equal remuneration is fully implemented within the legal framework. The Government also states that there have been no court decisions relating to the principle of the Convention. Nor have the professional inspections revealed any violations of the principle. The Committee recalls that the absence of complaints or findings of violations of the principle of equal remuneration for work of equal value does not imply that there are no violations of the principle in practice. The Committee considers that it may in fact reflect rather the weakness of the legal framework and of the dispute resolution processes. The Committee, therefore, hopes that the Government will provide specific training to judges, lawyers, labour inspectors, other relevant government officials and the social partners, regarding the principle of the Convention, so that they can better contribute to ensuring that the Convention is effectively applied. The Committee asks the Government to provide information on the steps taken in this regard.

Statistics. The Committee asks the Government to provide statistics  concerning the remuneration received by men and women in different sectors and occupations, in the public and private sectors.