Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Legislation. In its previous comments, the Committee indicated that section 10 of the Labour Code does not adequately reflect the principle set out in the Convention because it provides that "equal wages shall be paid for equal work in the service of the same employer, performed in the same job, working day, conditions of efficiency and seniority", whereas the principle set out in the Convention is broader, since it also applies to work that is different but of "equal value" and carried out for the same or another employer. In its observation in 2003, the Committee expressed the hope that the Government would make efforts to amend section 10 of the Labour Code to bring it into harmony with the principle set out in the Convention.

2. The Committee notes the Government’s indications in its report that section 10 of the Labour Code is based on article 63 of the Constitution, under the terms of which "equal wages or pay shall always be provided for equal work under identical conditions, irrespective of the persons performing it and without distinction on grounds of sex, nationality, age, race, social class or political or religious views". The Government adds that the guiding standard maintains the broad meaning of equality without distinction on grounds of gender and that section 10 referred to above does not therefore merit amendment as it guarantees equal wages.

3. The Committee considers however that the principle set out in section 10 of the Labour Code is narrower than the principle established by the Convention. The Committee points out once again that equal remuneration within the meaning of the Convention is not limited to equal work, nor to work performed under identical conditions, but is broader and has to be applied to work of equal value, even where the work is of a different nature or is performed under different conditions, or for different employers. Where legislation exists covering equal remuneration, it must not be more restrictive than the Convention, nor inconsistent with it. The Committee therefore once again expresses the hope that the Government will make the necessary efforts to amend section 10 of the Labour Code to give legislative expression to the principle established by the Convention of equal remuneration for men and women for work of "equal value" and it requests the Government to continue providing information on this subject.

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