Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes once again with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the adoption, on 18 December 1999, of the new Labour Code of Mongolia.

1. Referring to its previous comments on the Labour Code of 1991, which did not include the principle of equal remuneration for men and women, the Committee observes that section 49.2 of the 1999 Labour Code establishes that male and female employees performing the same work shall be entitled to the same amount of remuneration. While this provision addresses the issue of equal pay between the sexes, the Committee notes that its scope is narrower than that specified in Article 2(1) of the Convention. The Committee draws the Government’s attention to the fact that, under the Convention, equal remuneration is required for work which is of equal value. The Committee therefore reiterates its previous comments recommending that the Government consider giving legislative expression to the principle of the Convention.

2. The Committee notes that section 28(3)(1) of the Public Service Act, 1995, establishes that, in defining the amount, scale and rate of remuneration due to a government employee, similar rates of remuneration shall be fixed for similar government posts. The Committee asks the Government to indicate what is meant by "a similar rate of remuneration" as well as the way in which "similar" government posts are classified. In addition, the Committee asks the Government to supply information, including statistical data, in its next report, indicating the distribution of men and women in the different jobs and at the different levels of the public service. Please also indicate the methodology used to establish rates of remuneration for the public service, and the measures taken to avoid or reduce gender bias in the wage-fixing process.

3. Article 3 of the Convention provides that, where such action will assist in giving effect to the provisions of the Convention, measures shall be taken to promote the objective appraisal of jobs on the basis of the work to be performed. Referring to its previous comments regarding the establishment of differential wage rates, the Committee notes that section 49.1 of the 1999 Labour Code provides that remuneration shall be fixed on the basis of an hourly or output rate, or other criteria, taking into account the results of work performed. The Government indicates in its report that enterprises and organizations of all types establish the value of their employees’ performance. According to the report, Government Decree No. 145 of 1996 established a procedure for fixing the employee’s wages on the basis of an evaluation of his or her work, permitting a certain amount to be added to the wage in light of the results of the work performed. The Committee recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory per se as a basis for wage differentiation, such factors must be applied in good faith, since insistence on "equal conditions as regards work, skill and output" can be used as a pretext for paying women lower wages than their male counterparts (see General Survey of 1986, Equal remuneration, paragraph 54). The Committee asks the Government to provide practical examples of salary schemes established by employers in accordance with sections 49.1 and 48.3 of the Code and Government Decree No. 145 of 1996. The Committee would also be grateful if the Government would supply a copy of Decree No. 145 with its next report.

4. The Committee notes that section 101 of the 1999 Labour Code provides that a list of work that women may not perform shall be approved by the government official responsible for labour matters. The Government is requested to provide a current, updated copy of this list with its next report.

5. In its previous comments, the Committee noted that, under the appendix to resolution No. 90 of 1995, entitled "Common procedure", employees with similar duties shall be awarded the same basic rate of pay, but that their salaries may be differentiated due to their record of service, work experience, performance and output. The Committee previously noted that the enterprises to which the appendix applies (state enterprises and joint stock companies in which the State has a controlling interest) are required to prepare a regulation on the salary rate pursuant to section 16 of the appendix. The Committee repeats its request that the Government supply samples of the regulation on the salary payment prepared by those state enterprises and joint stock companies where a significant number of women are employed, as well as information on the percentages of men and women at different salary levels in those enterprises.