Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Equal Remuneration Convention, 1951 (No. 100) - Mongolia (Ratification: 1969)

1. The Committee notes that the new Constitution, enacted in January 1992, proscribes discrimination on the basis of sex, among other grounds (article 14.2) and accords equal rights to men and women in the various spheres of life (article 16(11)). The Committee has also noted that the guarantees afforded under international treaties may be enforceable in the courts under article 16(14) of the Constitution. In view of the prominence given to equality, the Committee requests the Government to indicate whether, during the process of reform that appears to be accompanying the transition to a market economy, any measures have been taken or are contemplated to give legislative expression to the principle of equal remuneration for men and women workers for work of equal value. In this regard, the Committee recalls that section 78 of the 1973 Labour Code refers to the principle of equal pay for equal work, a concept that is more limited in scope than that enunciated in the Convention. Referring to sections 79 and 81 of the Labour Code, the Committee would also be grateful if the Government would clarify whether, and to what extent, workers in the present transition period are paid according to their output or according to the annual results of their undertakings. Reference might be made to paragraphs 44 to 76 of the Committee's 1986 General Survey on Equal Remuneration for further clarification and explanation on the definition of equal remuneration.

2. The Committee has noted the information contained in the Government's report concerning the current wage-fixing system. The Committee requests the Government to provide information on the means taken to ensure that individual enterprises and organizations apply the principle of equal pay in respect of their remuneration systems and, more particularly, as concerns payments made above the minimum hourly wage fixed for all workers. The Committee also requests the Government to supply information on the application of the principle of equal pay in the public sector, including documentation on the classification of posts and data on the relative numbers of men and women employed at different levels.