Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Equal remuneration for work of equal value. The Committee recalls its previous comments concerning sections 16, 154 and 158 of the 1999 Labour Code, drawing the Government’s attention to the fact that these provisions do not fully reflect the principle of equal remuneration for men and women for work of equal value. In this context, the Committee notes that the Act on Ensuring Gender Equality of 10 October 2006 (No. 150-IIIO) provides in section 9(1) that the salary of employees working under equal conditions, in the same enterprise and with the same skills shall be equal. Section 9(2) provides that, in the event of a difference in wages, bonus and other forms of remuneration, an employer, at the request of an employee, shall prove that the difference is not related to the sex of the employee. The Committee notes that section 9(1) of the Act on Ensuring Gender Equality fails to reflect fully the principle of the Convention. As highlighted in the Committee’s general observation of 2006, the notion of “work of equal value”, in particular, is important to ensure that men and women enjoy the right to equal remuneration, not only when they perform the “same” or “similar” work, but also when they perform work that is different but nonetheless of equal value, whether or not in the same enterprise. The Committee wishes to stress once again that legislation setting out the principle of equal remuneration for work of equal value is important in order to ensure the full application of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to bring the legislation into full conformity with the Convention. In also asks the Government to provide detailed information on the implementation and enforcement of section 9 of the Act on Ensuring Gender Equality, including relevant judicial and administrative decisions.

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