Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Article 1(b) of the Convention. Work of equal value in national legislation. In previous comments the Committee had noted that section 23(ii)(a) of the Constitution, which specifies that all workers shall receive wages appropriate to the quantity and quality of the work achieved, was inadequate for the application of the principle of the Convention. The Committee notes that the Government indicates in its report that the current legislation is based on the principles that the value of the wages shall be subject to the quantity of the work and the manner in which it is performed, and that equality is established in accordance with the value of the work performed regardless of the gender of the person performing it. The Government further states that the definition of wages in the Labour Code and the fact that the Labour Code defines “worker” as “any person male or female, who performs work for remuneration” reiterate these principles. Noting the explanations given by the Government, the Committee must emphasize however that the narrow formulation of section 23(ii)(a) of the Constitution and the provisions in the Labour Code do not ensure the application of the principle set out in the Convention. While objective criteria such as quality and quantity of work may be used to determine the level of earnings, it is important that the use of such criteria does not have the effect of impeding the full application of the principle of equal remuneration for men and women for work of equal value. The Committee must underscore the importance of ensuring that women who undertake different work from men but work that is nevertheless of equal value based on objective job evaluation criteria, such as responsibility, skill, effort and working conditions, are paid equal remuneration. Having noted previously the significant wage gap between men and women, especially in the private sector, and the fact that the labour market is highly sex‑segregated, the Committee asks the Government to provide information with its next report on the legislative or other regulatory measures which have been taken or are envisaged to ensure the full implementation of the principle of equal remuneration for men and women for work of equal value.

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