Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. In its previous observation, the Committee commented on section 84 of the Labour Code which 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. Having noted that this provision was narrower than the principle of the Convention because it emphasized equal remuneration for the “same work” rather than for work of equal value as required by the Convention, the Committee asked the Government to indicate whether consideration was being given to amending section 84 to bring it into line with the Convention. In its report, the Government states that the draft Labour Code no longer provides for the provisions currently contained in
section 84. The Government indicates that section 7 of the draft Labour Code, more generally, prohibits any discrimination based on sex in employment, including as regards remuneration.

2. The Committee observes that, while a general prohibition of discrimination based on sex in employment is important, it may not be sufficient in itself to ensure the full application of the principle of equal remuneration for men and women for work of equal value, as set out in the Convention. The Committee, therefore, urges the Government to ensure that equal remuneration provisions in accordance with the Convention will be introduced into the Labour Code, giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, and asks the Government to indicate the steps taken concerning this matter in its next report.

3. The Committee recalls that violations of the current section 84 are not subject to penalties. Emphasizing that without effective means of redress against sex-based discrimination in respect of remuneration the application of the Convention cannot be effectively promoted, the Committee asks the Government to ensure that the new Labour Code will contain equal remuneration provisions that are properly enforceable by the competent authorities.

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