Observación (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Articles 1 and 2 of the Convention. Legislation. The Committee recalls that the Labour Code of 2006 contains no provision regarding equal remuneration for men and women for work of equal value and that the Committee therefore pointed to the need to introduce legislation giving effect to this principle, as set out in the Convention. In its reply to the Committee’s comments, the Government states that the legislation guarantees gender equality and that it protects women from any kind of discrimination. The Government refers to article 14 of the Constitution and to section 2(3) of the Labour Code, which provide that “Any type of discrimination due to race, colour, ethnic and social category, nationality, origin, property and position, residence, age, gender, sexual orientation, limited capability, membership of religious or any other union, family conditions, political or other opinions are prohibited in employment relations”.

The Committee notes that while section 2(3) of the Labour Code is important in the context of the Convention, it falls short of giving legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that the concept of “work of equal value” is the cornerstone of the Convention and lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. The importance of the concept of work of equal value lies in its requirements that the content of the work performed is the focus when comparing remuneration received by men and women, and that the scope of comparison is not restricted to situations where men and women perform the same, identical or similar jobs, but extends to jobs that are of an entirely different nature, which are nevertheless of equal value. Furthermore, the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, but the reach of comparison should be as wide as allowed by the level at which wage policies, systems and structures are coordinated. The Committee considers that legislation that is more restrictive in its scope than is required to give effect to the principle of equal remuneration for men and women for work of equal value is not in conformity with the Convention. Finally, the Committee notes that the absence of court cases regarding equal remuneration, as reported by the Government, may well indicate the lack of an appropriate legal basis for bringing such cases. Noting that the Action Plan on Gender Equality for 2007–09 provides for the creation of a legal framework for gender equality, the Committee urges the Government to strengthen the legislation by giving full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring full and effective implementation of the Convention. Please provide information on the measures taken or envisaged in this regard.

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