Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Repetition

Legislation. For a number of years the Committee has been asking the Government to give full legal expression to the principle of equal remuneration for men and women for work of equal value. The Committee notes the Government’s indication that section 56 of the draft Labour Code now provides that “the principle of equal remuneration for men and women shall apply without discrimination for work of equal value i.e. equal, the same or similar work. Discrimination shall be prohibited not be allowed if the work is different, even if it is of equal value”. The Committee recalls that the concept of “work of equal value” implies a broad scope of comparison including but going beyond equal remuneration for “equal”, “the same”, or “similar work”, and encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee considers that in referring to “equal, the same and similar work”, the wording of the draft provision continues to lack clarity as to whether it would allow a comparison to be made between work performed by men and women containing entirely different types of tasks, skills, responsibilities or working conditions. The Committee asks the Government to address the ambiguity in section 56 of the draft Labour Code with a view to ensuring that it permits a broad scope of comparison also encompassing work performed by men and women that is of an entirely different nature, and giving full legislative 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.