Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous observation, which read as follows:

Definition of remuneration. The Committee recalls the absence of a definition of the term “remuneration” in the Equality of Opportunity and Treatment in Employment and Occupation Act, 2000, which provides for equal remuneration for work of equal value. The Committee notes the Government’s reply that the new Labour Code, which was the subject of final consultations with the social partners in 2008, will contain a broader definition of remuneration in accordance with Article 1(a) of the Convention. Noting the Government’s statement that it is moving forward to giving effect to the new Labour Code, the Committee asks the Government to confirm that the new Labour Code has been adopted and has entered into force, and that it defines “remuneration” in accordance with the Convention. Please also provide a copy of the Labour Code. The Committee also asks the Government to confirm that the term “remuneration” as used in the Equality of Opportunity and Treatment in Employment and Occupation Act is to be understood as defined in the new Labour Code.

Different wages and benefits for women and men. The Committee recalls that the Contracts of Service Act provides for different ages for men and women with respect to entitlement to severance pay. It also recalls its previous comments regarding the existence of certain laws and regulations establishing differential wage rates for men and women, contrary to the Convention. The Committee notes the Government’s statement that the differences in ages between men and women with regard to severance pay have been corrected in the new Labour Code. Recalling the Government’s previous statements that the Contracts of Service Act would be revoked with the adoption of the new Labour Code, the Committee asks the Government to confirm that all legislation containing wage differentials for men and women, including the Contracts of Service Act, has been revoked.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.