Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Articles 1 and 2 of the Convention. Application in law. The Committee recalls that article 13(4) of the interim Constitution provides that there shall be no discrimination with regard to remuneration and social security between men and women for the same work. The Committee previously indicated that this provision is not in conformity with the Convention which requires equal remuneration for men and women for work of equal value. The concept of “work of equal value” includes, but goes beyond equal remuneration for the same work, because it also requires equal remuneration for work that is different, but that is nevertheless of equal value. The Government’s attention is once again drawn to the 2006 general observation on the Convention which further elaborates on this matter. The Committee urges 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 equal work and for work of equal value, in accordance with the Convention. Noting that the Government is in the process of preparing new draft labour legislation, the Committee also urges the Government to ensure that the future labour legislation gives full expression to 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.