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

Articles 1 and 2 of the Convention. Application of the principle of equal remuneration for work of equal value in law and practice. Over the years, the Committee has been emphasizing the need to ensure the consistent and full application of the principle of the Convention in national legislation. Noting the adoption of the new Labour Act (Law No. 23/2007) on 1 August 2007, the Committee regrets that the Government did not take this opportunity to include in the legislation a provision explicitly providing for equal remuneration for work of equal value. The Committee notes that under section 108(3) of the Act all employees have the right to receive equal wages and benefits for “equal work” without distinction based on, among others, sex. However, the Committee once again emphasizes that requiring equal remuneration solely for women and men who perform equal, similar or the same work falls short of fully reflecting the principle of the Convention, which also requires that women and men performing work of an entirely different nature, but which is nonetheless of equal value, be remunerated equally. The Committee refers to its 2006 general observation on the topic and urges the Government to take steps to amend section 108 of the Labour Act, 2007, so that it fully reflects the principle of equal remuneration for work of equal value.

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