Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Georgia (Ratification: 1993)

Other comments on C100

Observation

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Articles 1 and 2 of the Convention. Legislation. The Committee has for a number of years been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the principle of the Convention is not reflected explicitly in the Labour Code of 2006, section 2(3) of which contains a general prohibition of discrimination in labour relations, article 14 of the Constitution which provides broadly for equality before the law, or in the Law on Gender Equality adopted on 26 March 2010. The Committee notes that the Government refers to the equality provisions in the Constitution, the Labour Code and other legislation as well as to the Action Plan on Gender Equality for 2011–13. The Committee once again recalls that while general non-discrimination and equality provisions are important, they will not normally be sufficient to give effect to the Convention, as they do not capture the key concept of “work of equal value”. This concept lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women (such as in caring professions) and others by men (such as in construction). Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates. The concept of “work of equal value” is fundamental to tackling occupational sex segregation, as it permits a broad scope of comparison, including, but going 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 (see General Survey on fundamental Conventions, 2012, paragraphs 672–679). The Committee once again urges the Government to take concrete steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring the full and effective implementation of the Convention. The Committee once again asks the Government to provide information in this regard, including any proposals made by the Council for Gender Equality.

Parts III and IV of the report form. Enforcement. The Committee notes with concern the Government’s indication that further to the abolition of the Labour Inspection Service in 2006, there is no longer a labour supervisory body. The Committee understands from the Government’s report that the supervisory body to be established in the future will be responsible for enforcing only occupational safety and health provisions. The Committee draws the Government’s attention to the need to put in place adequate and effective enforcement mechanisms to ensure that the principle of equal remuneration between men and women for work of equal value is applied in practice and to allow workers to avail themselves of their rights. The Committee asks the Government to provide information on the manner in which it ensures effective enforcement of the principle of the Convention. The Committee also asks the Government to take steps in order to raise awareness among workers, employers and their organizations of the laws and procedures available, and to strengthen the capacity of judges, labour officials or other competent authorities to detect and address unequal pay. Please provide any information on decisions handed down by the courts or other competent bodies with regard to this issue.

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