Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Work of equal value. The Committee recalls its previous observation in which it had noted that the narrow formulation of section 23(ii)(a) of the Constitution, which specifies that all workers shall receive wages appropriate to the quantity and quality of the work achieved, and the provisions in the Labour Code did not ensure the application of the principle set out in the Convention. The Committee emphasized that while objective criteria such as quality and quantity of work may be used to determine the level of earnings, it was important that the use of such criteria did not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that the only measures taken by the Government to ensure the application of this principle is a promotion and awareness-raising campaign on the importance of applying the provisions of the Convention. 

2. The Committee notes from the statistics provided by the Government on the distribution of men and women by occupation and wage level for the years 2000–03 that the differences in wage levels between men and women remained significant in 2003, and that the labour market is highly segregated. The Committee, therefore, recalls its general observation of 2006 on this Convention which states that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation in the labour market…”. In order to address such occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of “work of equal value” is essential, as it permits a broad scope of comparison. The observation underscores that “comparing the value of the work …, which may involve different types of qualifications, skills, responsibilities or working conditions but which is nevertheless work of equal value overall, is essential in order to eliminate pay discrimination which results from the failure to recognize the value of work performed by men and women free from gender bias”. Therefore, 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”. The Committee urges the Government to take the necessary steps to amend its legislation so as to provide not only for equal remuneration for equal, the same or similar work, but also to prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.

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