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1986, Equal Remuneration: Table of ContentsDescription:(General Survey) Convention:C100 Recommendation:R090 Subject classification: Equal Remuneration Subject classification: Women Document:(Report III Part 4B) Session of the Conference:72 Subject: Equality of Opportunity and Treatment Display the document in: French Spanish Document No. (ilolex): 251986G01 Table of Contents Paragraphs Chapter I. Introduction 1-12 Background to the survey 1-6 Ratifications -- prospects and difficulties 7-8 Available information and arrangement of the survey 9-12 Chapter II. Scope and requirements of the Equal Remuneration Convention and Recommendation 13-31 Section 1. Definitions 14-23 (a) Remuneration 14-17 (b) Workers 18 (c) Work of equal value 19-21 (d) Discrimination based on sex 22-23 Section 2. The role of governments in the application of the principle of equal remuneration 24-30 (a) Scope of the State's obligation to ensure the application of the principle of equal remuneration 25-28 (b) Scope of the State's obligation to promote the application of the principle of equal remuneration 29-30 Section 3. The role of employers' and workers' organisations 31Chapter III. Constitutional and legal provisions giving general effect to the principle 32-101 Section 1. Constitutional provisions 32-39 Section 2. Legislative provisions 40-101 A. General developments 40-43 B. Concepts of equality 44-78 I. Comparing jobs 45-65 (a) The basic formulas: from equal remuneration for "the same work" to equal remuneration for "work of equal value" 45-50 (b) Further criteria 51-62 (i) Hours of work and seniority 51 (ii) From performance appraisal to job evaluation 52-62 (c) Defining work of equal value 63-65 II. Defining discrimination 66-70 III. Reach of comparison 71-76 IV. Protective provisions 77-78 C. Defining remunerationsions 79-94 I. General principles 80-84 II. Specific elements 85-92 III. Centrally fixed remuneration 93-94 D. The scope of legislation 95-99 E. The indivisibility of equality 100-101Chapter IV. Implementing the principle: The tools 102-198 Section 1. Bodies to promote, enforce or supervise implementation of the principle 103-131 (a) Labour inspection 103-106 (b) Specialised bodies to supervise, enforce or promote implementation of the principle 107-118 (i) Powers of enforcement 110-116 (ii) Power to review legislation 117 (iii) Effectiveness of specialised agencies 118 (c) The courts: Interpretations of the principle 119-131 (i) Definition of remuneration 125-128 (ii) Indirect discrimination 129 (iii) Past discrimination 130 (iv) Contemporaneous work 131 Section 2. Co-operation with employers' and workers' organisations 132-137 Section 3. Objective evaluation of jobs 138-152 (a) Methods of job evaluation 139-142 (i) Non-analytical methods: Ranking, grade description 140 (ii) Analytical methods: Point rating, factor comparison 141-142 (b) The extent and levels at which job evaluation is practised 143-144 (c) Limitations of job evaluation 145 (d) Use of job evaluation in applying the principle of the Convention 146-149 (e) Prospects 150-152 Section 4. Control of the legality of clauses in individual and collective agreements 153-165 (a) Registration and approval of collective agreements 153 (b) Extending collective agreements 154-155 (c) Control of legality by labour inspection 156-157 (d) Action through public contracts (contract compliance) 158-165 Section 5. Remedial action 166-179 (a) Right of individuals to bring a complaint 166-170 (i) Burden of proof 167-168 (ii) Protection against reprisals 169 (iii) Financial assistance to claimants 170 (b) Exercise by trade unions of right of complaint 171-172 (c) Ex officio 173 (d) Effect of decision by responsible authority 174-179 (i) Nullity of discriminatory provisions in individual and collective agreements 175 (ii) Class actions 176-177 (e) Sanctions 178-179 Section 6. Other factors to facilitate the application of the Convention 180-198 (a) Education and employment 181-190 (i) Education in schools 182-184 (ii) Vocational training and guidance 185-186 (iii) Access to and promotion in employment 187-190 (b) Welfare and social services 191-198 (i) Maternity protection 191-192 (ii) Family responsibilities 193-196 (iii) Publicity, information and investigation 197-198Chapter V. Problems and progress observed in the application of the principle of equal remuneration 199-243 Section 1: Application of the principle in the public sector 199-215 A. The public administration as employer 199-201 B. The principle of equality of remuneration in the standards applicable to the public service 202-205 C. Some examples of problems encountered and progress achieved in the public sector 206-214 D. Supervisory machinery for the application of the principle in the public sector 215 Section 2. Application of the principle in the private sector 216-243 A. The principle of equality of remuneration within the framework of minimum wages 217-224 I. Women's wages: Remaining differentials and progress made towards equal rates 218-223 II. Payment of the minimum wage in practice 224 B. The principle of equal remuneration in industrial awards 225 C. The principle of equal remuneration in collective agreements 226-240 I. Inclusion of the principle in collective agreements 227-231 (a) Agreements devoted to the principle of equal remuneration or equal treatment 227 (b) Conventions referring to the principle of equal remuneration or equal treatment 228-231 II. Some problems and progress observed in the application of the principle in collective agreements 232-240 (a) Direct forms of discrimination: wage scales differentiated on grounds of sex 232-236 (b) Indirect forms of discrimination 237-240 D. The principle of equal remuneration in individual labour contracts and effective wages 241-243Chapter VI. Conclusions 244-262 |
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