Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 2(2)(a) of the Convention. Application of the principle of equal remuneration for work of equal value. Legislation. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 regulating labour in Rwanda. It notes that the new Act refers to the present Convention in its Preamble and that it contains a definition of the expression “work of equal value” (section 1.9). However, it notes that this definition is too narrow to give full effect to the provisions of the Convention since it refers to “similar work”, and further, that the new Act contains no substantial provisions prescribing “equal remuneration for work of equal value”. Furthermore, the Committee notes that the Government mentions in its report article 11 of the Constitution which prohibits any discrimination in general, and notes that article 37 of the Constitution specifies that “every person having equal competence and capacity shall have the right, without any discrimination, to equal pay for equal work”. Referring to its previous comments, the Committee notes with regret that the Government has not taken the opportunity to give full legislative expression to the principle of equal remuneration for work of equal value within the meaning of the Convention.

While it is important to prohibit discrimination on the basis of sex in employment, this is not sufficient to ensure the full application of the principle of equal remuneration pursuant to the Convention. Referring to its general observation of 2006, in which it clarifies the meaning of the concept of “work of equal value” under the Convention, the Committee would like to stress that, whilst this concept encompasses the concept of “equal”, “the same” and “similar” work it also goes beyond that because it encompasses work which is of an entirely different nature but which is nevertheless of equal value. The concept of “work of equal value” therefore allows for a much broader comparison to be made between jobs performed by men and women in different places or sectors, or between different employers. It therefore allows pay discrimination to be combated more effectively where men and women traditionally perform work that is of an entirely different nature but which is nevertheless of equal value. The Committee therefore once again urges the Government to take the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value as set out in the Convention.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.