Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It recalls that section 82 of the former Labour Code provided for equal remuneration for work in "equal conditions, as regards work, skill and output" and that in their previous comments, the Committee expressed the hope that the revision of the Labour Code would be used to amend this provision to reflect more faithfully the principle of equal pay for work of equal value. In this context, the Committee notes that section 84 of the new Labour Code (Act. No 51/2001), which replaces section 82 of the former Labour Code, provides that equally competent workers carrying out the same type of work under the same conditions, must be equally remunerated, without any consideration as to their origin, sex, or age.  While noting that reference is no longer made to "equal output", the Committee observes that section 84 still emphasizes comparing "the same type" of work. The Committee therefore draws the Government’s attention once again to the fact that the principle of equal remuneration for work of equal value as contained in the Convention is wider, requiring also the comparison of work which is of a different type, but of equal value. The Committee hopes that the Government will consider further amending section 84 of the Labour Code with a view to reflecting the principle of the Convention more fully and to keep the Committee informed on this matter.

In addition, a request regarding certain other points is being addressed directly to the Government.