Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

National legislation to provide for equal remuneration for work of equal value. The Committee notes that section 56 of the draft Labour Law provides for equal remuneration for men and women wage earners for work of equal value without discrimination based on sex. While welcoming this provision, the Committee also notes the Government’s statement that Legislative Decree No. 29 of 13 May 1943 specifies that women employed to undertake “equal work and tasks” as those undertaken by men, earn the basic wages received by male workers and employees. Furthermore, the Government states in its report that the basic principle is to ensure that there is no discrimination between men and women in remuneration within the same occupation. The Committee draws the attention of the Government to its 2006 general observation on this Convention in which it noted that difficulties in applying the Convention in law and in practice resulted in particular from a lack of understanding of the scope and implications of the concept of “work of equal value”. “Work of equal value” includes but goes 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. Noting the discrepancy in the national legislation as well as the Government’s apparent restrictive interpretation of the concept of equal value, the Committee asks the Government: (1) to resolve the discrepancy in the national legislation; and (2) to provide information in its next report demonstrating that the application of section 56 of the new Labour Law, once adopted, also extends to work performed by men and women that is of equal value, taking into account the explanations provided by the Committee in its 2006 general observation. It further hopes that the draft Labour Code will be adopted in the very near future.

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