Chapter I. Introduction

Background to the survey

1. In accordance with article 19 of the Constitution of the ILO, the Governing Body at its 224th Session (November 1983) requested governments to report in 1985 on the position of their law and practice respecting equal pay for men and women workers, as laid down in the Equal Pay Convention (No. 100) and Recommendation (No. 90), adopted in 1951. The reports thus supplied by the governments, together with those submitted in accordance with articles 22 and 35 of the ILO Constitution by States which have ratified the Convention, have provided an opportunity for the Committee of Experts on the Application of Conventions and Recommendations, in accordance with its usual practice, to make a general survey of the situation as regards the implementation of the instruments, both in ratifying States and in countries which have not ratified the Convention. This survey is the third one carried out by the Committee since the relevant instruments were adopted; the first was made in 1956 (Endnote 1) and the second in 1975. (Endnote 2) In addition, in 1969 the Governing Body requested governments to report on the ratification prospects and the difficulties encountered in respect of 17 of the most important ILO Conventions, including Convention No. 100 (Endnote 3) on the occasion of International Women's Year, which ushered in the United Nations Decade for Women.

2. The year 1985 marked the end of the United Nations Decade for Women. The general discussion held on that occasion at the 71st Session of the International Labour Conference on equal opportunities and equal treatment for men and women in employment, (Endnote 4) showed a continuing and, sometimes, widening wage gap between men and women workers. A fresh examination of the state of application of the principle of equal pay for work of equal value appears therefore timely.

3. Observance of the principle of equal remuneration has been an objective of the ILO since its foundation. The original text of the Constitution already recognised in its article 41, (Endnote 5) among the general principles "of special and urgent importance", the principle that men and women should receive "equal remuneration for work of equal value". The principle is again enshrined in the preamble to the present Constitution. A number of Conventions and Recommendations adopted by the International Labour Conference prior to the 1951 instruments, (Endnote 6) as well as in later years, (Endnote 7) contain specific reference to the principle.

4. During the preparation of the Convention and Recommendation it was indicated (Endnote 8) that efforts to bring about conditions that favour the application of the principle of equal remuneration are themselves closely connected with measures of social policy which are being taken with a wider objective than the achievement of equal treatment of men and women as regards remuneration. Consideration of the multiple and complex links between the principle of equal remuneration and the position and status of men and women more generally in employment and society (Endnote 9) has led the Conference to propose in Recommendation No. 90 adopted in 1951 a series of measures to be taken to facilitate the application of the principle of equal remuneration. (Endnote 10) Several of these proposals have subsequently been made the subject of further international labour Conventions and Recommendations of either wider scope or greater detail. Thus, Paragraph 6(a) and (d) of Recommendation No. 90 aims at "ensuring that workers of both sexes have equal or equivalent facilities for vocational guidance ..., for vocational training and for placement" and "promoting equality of men and women workers as regards access to occupations and posts" without prejudice to protective provisions; this has become a main theme of both the 1958 Discrimination (Employment and Occupation) Convention (No. 111) and Recommendation (No. 111). (Endnote 11) Similarly, the principle in Paragraph 6(c) of Recommendation No. 90 calling for "welfare and social services which meet the needs of women workers, particularly those with family responsibilities" has been developed in a broader context in the Workers with Family Responsibilities Convention (No. 156) and Recommendation (No. 165), 1981.

5. Other international instruments also pay tribute to the principle of equal remuneration. The Universal Declaration of Human Rights, 1948 proclaims that "everyone, without any discrimination, has the right to equal pay for equal work" (Article 23, paragraph 2). The International Covenant on Economic, Social and Cultural Rights, 1966 calls for "fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work" (Article 7(a)(i)). The Convention on the Elimination of All Forms of Discrimination against Women, 1979, provides for "the right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the equality of work" (Article 11(1)(d)).

6. At the regional level, too, various instruments have been adopted for the promotion and application of the principle of equal remuneration. While Article 119 of the Treaty Establishing the European Economic Community, 1957 merely provided for the application of the principle that men and women should receive equal pay for equal work, the European Social Charter, 1961 recognises "the right of men and women workers to equal pay for work of equal value" (Article 4, paragraph 3). The European Community has adopted the same principle in a series of directives passed by its Council, in particular the Equal Pay Directive of 1975 and the Equal Treatment Directive of 1976. (Endnote 12) On the basis of a mandate to examine the problems concerning the employment of women written into its Constitution (Article 3(3)(b)), the Arab Labour Organisation has also dealt with the question of equal remuneration for women in two Arab labour Conventions which refer to equal wages for similar work. (Endnote 13) The African Charter on Human and People's Rights, 1981 (Article 15) guarantees every individual "equal pay for equal work". The American Declaration of the Rights and Duties of Man refers in general terms to equality of rights without distinction as to sex (among other grounds) and to the right to fair remuneration (Articles II and XIV).

Ratifications -- prospects and difficulties

7. At present a total of 107 countries have ratified ILO Convention No. 100. Since the last survey was conducted in 1975, 24 new ratifications have been registered, maintaining the Convention among those most widely ratified by countries from all regions of the world. The Convention is also applicable without modification to nine non-metropolitan territories. Ratifications and declarations of application are listed in Appendix II.

8. From the reports supplied by countries which have not ratified the Convention, it appears that further countries may be ready to ratify. The Government of Kuwait indicates that the Convention will soon be examined with a view to studying the possibility of its ratification in the near future. In Uruguay, a tripartite working group has been established to consider the ratification of Conventions Nos. 100, 111 and 156. In Bahrain, ratification of the Convention is yet to be formally considered on a tripartite basis with the representative organisations of employers and workers. A number of other governments do not specify their intention to ratify but indicate that there are no difficulties in applying the Convention or no obstacles to its ratification. (Endnote 14) Some governments indicate that the principle of the Convention is applied but consider ratification not opportune at present. (Endnote 15) The Government of China indicates, for instance, that the principle has been recognised entirely and applied effectively, but since special regulations in the field are not yet available, it is not the time for the ratification of the Convention. In this connection, the Committee draws attention to the explanations provided in paragraphs 24 to 30 below regarding the promotional aspect of the Convention. In some countries, (Endnote 16) it is not deemed possible yet to implement the principle of equal remuneration in all sectors, but detailed information is supplied on measures taken for its progressive application.

Available information and arrangement of the survey

9. Through the reports on the Convention submitted by ratifying and non-ratifying countries, and the reports on the Recommendation, information has been made available concerning 128 States and six territories. A table of reports received is given in Appendix II. The Committee has also been able to examine comments made by a number of workers' and employers' organisations on their governments' reports. (Endnote 17) Finally, following its usual practice the Committee has sought to supplement the information available with research into legislation, official documents and other appropriate sources.

10. The present survey of the implementation of the principle of equal remuneration covers a great variety of situations. Thus, the references to national law and practice have been chosen to illustrate most clearly the main problems and approaches to them, rather than to present an exhaustive list of all the situations which have given rise or might give rise to comment under the equal remuneration instruments. In the following chapters, the names of the countries which have ratified the Convention are underlined.

11. In examining the reports supplied by governments, the Committee has found itself in a position similar to that described in its 1984 general observation on the Convention. Again, the Committee has been materially assisted in its work by the detailed information furnished by a number of governments as well as workers' and employers' organisations, which have analysed the many forms that wage discrimination based on sex may take and the wide variety of measures taken or envisaged to implement the principle of equal remuneration. By contrast, the reports of other countries have tended to be so brief or so general that the Committee has had considerable difficulty in drawing conclusions about the situation in the countries concerned. The Committee hopes that its findings based on a number of the rather full reports that have been supplied may suggest ways in which other governments also could review and report their progress in implementing the principle of the Convention.

12. In the subsequent chapters, the scope and main requirements of the Equal Remuneration Convention and Recommendation will be recalled (Chapter II) before examining the degree to which the principle of equal remuneration for work of equal value has been made binding under national law (Chapter III), the machinery which may be available to promote, enforce or facilitate the implementation of the principle (Chapter IV), and the progress and problems noted in various countries with regard to effective compliance (Chapter V). A final chapter will draw the general conclusions of the survey.

Endnotes

Endnote 2

Endnote 3

Endnote 4

Endnote 5

Endnote 6

Endnote 7

Endnote 8

Endnote 9

Endnote 10

Endnote 11

Endnote 12

Endnote 13

Endnote 14

Endnote 15

Endnote 16

Endnote 17

Cross references
Constitution: Article 19
Constitution: Article 22
Constitution: Article 35