Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 1 of the Convention. Work of equal value. In its previous comments, the Committee pointed out that section 44 of the Equal Opportunities for Women Act (LIOM), does not adequately apply the principle of the Convention. The Committee reminds the Government that the principle of equal pay for equal work laid down by section 44 does not ensure sufficient protection against all forms of gender-based pay discrimination. The Committee recalls that discrimination can exist in cases where women are concentrated in certain sectors of activity in which the work is poorly paid in relation to its value. Hence the Convention establishes a wider principle than that of section 44, with the aim of ensuring that women who perform work which differs from that of men but is of equal value, according to objective evaluation criteria such as responsibilities, qualifications, skills or conditions of work, receive the same remuneration. The Committee draws the Government’s attention to its general observation of 2006, which points out that “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression to the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” (paragraph 6). Noting that the Government’s report does not provide any information on the revision of section 44 and merely states that the reform of the Equal Opportunities Act is still under discussion, the Committee asks the Government once again to bring its legislation fully into conformity with the principle of equal remuneration for work of equal value and asks it to supply detailed information in its next report on progress made on the revision of section 44 of the Equal Opportunities for Women Act.

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