Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Equal Remuneration Convention, 1951 (No. 100) - Nepal (Ratification: 1976)

1. In its previous comments, the Committee expressed concern about wage discrimination between men and women, especially in the organized tea plantations. This same concern was shared by the Conference Committee in its June 1997 discussion. The Government stated that the principle of equal remuneration was applied in such a manner that its infringement was penalized, but that certain immunities had been granted exceptionally to employers in tea estates in order both to provide incentives to that industry -- which is in an infant stage of development -- and to enhance the employment opportunities of female workers. The Government had also stated that this exemption, which is a temporary arrangement, has taken into consideration the national customary practices and prevailing wage differences in tea plantations.

2. In its previous observation, the Committee had reiterated that any scheme which denies women the basic human right of equal pay is a violation of the Convention and, in this case, of the national constitutional and legal provisions. It had also indicated that if such a scheme is in line with national customary practices and prevailing wage differences in tea plantations, there was even more concern over the application of the Convention, as it would appear that the exemption in question was granted in order to legitimize an existing practice that already contravened national legislation and the Convention. Moreover, this raised questions about the intended duration of the exemption. Accordingly, the Committee had urged the Government to remove forthwith the exemption from equal pay for women workers granted to employers in tea plantations and in any other industry in which similar exemptions have been made. If measures were needed to encourage the development of tea plantations and to encourage women's employment in that sector, the Committee had suggested that the Government explore the introduction of a range of non-discriminatory measures, such as granting special tax relief to employers in the industry.

3. The Committee notes that during the discussion in the Conference Committee, the Government representative stated that workers received equal pay without discrimination in the public sector tea plantations and that steps were being taken by the Government to ensure that a similar situation prevailed in the privately owned plantations. In particular, in line with the recommendations contained in the report of the ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993), a tripartite minimum wage-fixing committee had been constituted, which had fixed the same minimum wage for male and female tea plantation workers. In addition, the Government representative stated that the monitoring and supervision of the wages paid in privately owned plantations had been strengthened. The Government's report confirms that a minimum wage in line with the Convention is being enforced in the plantation sector.

4. The Committee notes these initiatives but remains concerned that the Government has not referred, either in the Conference Committee or in its report, to any measures taken to remove the exemption which allows employers in tea plantations to pay lower wage rates to women workers. Accordingly, the Committee requests the Government to provide a copy of the legal instrument which gave rise to the situation in which women workers in tea plantations are excluded from the guarantees accorded by both the Convention and the national Constitution, and a copy of the instrument repealing that exemption.

5. The Committee requests the Government to furnish copies of all documents pertaining to the new tripartite wage-fixing committee, including any rules, orders or administrative instructions relating to its composition and functions, together with copies of the specific instrument fixing the minimum wage in tea plantations. In addition, the Committee asks the Government to forward copies of the studies and surveys that, according to the information provided by the Government to the Conference Committee, had been undertaken to ascertain whether wage discrimination based on sex existed in privately owned tea plantations.

6. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules -- which provides that "In the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination ..." -- is also a narrower formulation of equal pay than that required by the Convention. The Committee pointed out that the principle of the Convention is intended to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the Committee pointed out that the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria that take adequate account of the various aspects of men's and women's work. As the Government has provided no information in this regard, either in the Conference Committee or in its report, the Committee must once again express the hope that the Government will address this matter, in line with the recommendations made by the ILO mission and that its next report will contain detailed information on the measures taken.