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

1. The Committee notes the Government’s first report and recalls the comments sent by both the International Confederation of Free Trade Unions (ICFTU) and the All Pakistan Federation of Trade Unions, dated 18 September 2001 and 9 July 2003, respectively. The All Pakistan Federation of Trade Unions stressed the need to adopt legislation and establish effective labour inspection services in order to enforce the Convention. The ICFTU alleged that women did not always receive equal treatment with their male counterparts in terms of pay and benefits.

2. The Committee notes the Government’s indication that the Minimum Wages Ordinance, 1961, provides for equal minimum wages for the different categories of workers in industrial undertakings without distinction on the ground of sex. However, while the Committee notes that the setting of minimum wages is an important means of applying the Convention, it also notes that this legislation contains no specific provisions on equal remuneration for men and women for work of equal value.

3. In this context, the Committee notes that the Labour Protection Policy prepared by the Government in 2005 states that gender equality with regard to pay and wage systems will be a key component of the Government’s new policy in the field of wages. The policy further envisages that minimum and above minimum wages will be paid on the basis of equal pay for equal work, and equal pay for work of equal value between men and women. The Committee also notes that the ILO Decent Work Country Programme in Pakistan includes measures to strengthen the application of the Convention. It looks forward to receiving information on the specific measures taken or envisaged to implement the Government’s commitments and policies and on the progress made in strengthening the application of the Convention in law and practice.

4. Noting that the Government’s brief report has not yet enabled the Committee to examine fully the application of the Convention in Pakistan, the Committee asks the Government to provide additional information on the following points: (1) the application of the Convention in respect to workers not covered by minimum wage legislation, such as agricultural workers and government employees; (2) how it is ensured that the Convention’s principle is applied not only to wages but also to all aspects of remuneration as defined in Article 1(a) of the Convention; (3) how the principle of the Convention is taken into account in collective agreements; (4) the specific measures taken by the competent authorities to ensure the application in practice of the principle of equal remuneration for work of equal value; and (5) the mechanisms and procedures available for victims of pay discrimination.

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