Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1(b) of the Convention. Legislation – equal remuneration for work of equal value. The Committee has been pointing out for a number of years that section 2 of the Employment (Equal Pay for Equal Work) Act of 1975 by referring to “similar” or “substantially similar” job requirements only applies the principle of equal remuneration for equal work, whereas the Convention provides for equal remuneration for men and women for work of “equal value”, even though the jobs compared are different in nature. Although the Committee has noted in the past the commitment and efforts made by the Government to make progress in reducing the wage differentials between men and women, it regrets that once again the Government states that no consideration has yet been given to the amendment of the abovementioned legislation. The Committee draws the Government’s attention to the general observation of 2006 on this Convention underscoring the importance and clarifying the meaning of “work of equal value”. In this observation, the Committee, noting that legal provisions that are narrower than the principle laid down in the Convention hinder progress in eradicating gender-based pay discrimination against women, urges governments to take the necessary steps to amend their legislation. Such legislation should provide not only for equal remuneration for equal, the same or similar work, but should also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value. The Committee urges the Government to take steps to revise section 2 of the Employment (Equal Pay for Equal Work) Act, 1975, and to indicate the progress made in this regard as well as any other measures taken to ensure conformity with Article 1(b) of 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 very near future.