Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

1. Article 1 of the Convention. Equal remuneration for work of equal value. The Committee notes with interest that under section 14(1) of the Act on Protection against Discrimination of 24 September 2003, the employer shall ensure equal remuneration for equal work and work of equal value and that, according to section 14(2) this principle applies to "all remuneration, paid directly or indirectly, in cash or in kind". The Committee asks the Government to confirm that "all remuneration" in the sense of section 14(2) includes the ordinary or basic salary and additional emoluments whatsoever arising out of the worker’s employment in accordance with Article 1(a) of the Convention. It also asks the Government to provide information on the practical application and enforcement of the principle of equal remuneration for men and women workers for work of equal value under section 14, including through relevant administrative and judicial bodies.

2. The Committee recalls that the Labour Code (Amendments and Additions) Act issued by Decree No. 44 of 12 March 2001, introduced a new section 243 in the Labour Code, which provides in subsection (1) for equal remuneration for men and women workers for the "same or equivalent work" rather than for equal remuneration for work of equal value. In this regard, the Committee notes the Government’s explanation that the term "equivalent", as used in the Bulgarian language, was meant to refer to the equal value of the work performed by women and men regardless of its nature. The Committee asks the Government to provide information on the practical application of section 243 of the Labour Code by the competent administrative and judicial authorities.

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