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

1. Articles 1 and 2 of the Convention. Application in law. The Committee notes that article 13 of the Interim Constitution 2007 provides that “no discrimination in regard to remuneration and social security shall be made between men and women for the same work”. The Committee notes that this provision is not in conformity with the Convention, under which there is an obligation to promote and ensure the principle of equal remuneration for work of equal value. In accordance with the Convention, men and women should not only receive equal remuneration when they perform the same work, but also when they perform work of equal value. The Committee has elaborated on the meaning and implications of the notion of work of equal value in its 2006 general observation to which the Government’s attention is drawn. The Committee asks the Government to ensure that the Convention’s provisions are taken into account in the preparation of Nepal’s future Constitution and hopes that it will guarantee the right of men and women to equal remuneration for work of equal value.

2. The Committee also recalls that the 1993 Labour Rules provide that, “in the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without discrimination” (Rule 11). As previously stated by the Committee, this provision is not in full conformity with the Convention, as it does not appear to allow for a comparison of work done by men and women which is different but nevertheless of equal value. The Committee once again urges the Government to ensure compliance of the national legislation with the Convention in the context of the labour legislation review process. The Government is requested to indicate the measures taken with a view to addressing this matter.

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