Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes 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:

1. The Committee notes that the Government has not replied to the questions raised in its previous request and is therefore bound to remind the Government that for the Committee to be able to assess the application of the Convention it needs the Government to provide detailed information on the questions that is raises in its comments. It hopes that the Government will do its utmost to provide a detailed reply to the issues raised below in its next report.

2. Articles 1 and 2 of the Convention. Work of equal value. The Committee notes that section 49(2) of the 1999 Labour Code states that “male and female employees performing the same work shall be entitled to the same amount of remuneration”. The Committee has pointed out previously that this wording is narrower in scope than the expression used in Article 2(1) of the Convention, namely “equal remuneration for work of equal value”, which also covers situations where men and women in fact perform jobs that are different, but are of equal value. The Committee therefore reiterates its recommendation to the Government to consider giving legislative expression to the principle of the Convention and to provide information with its next report on the action taken or envisaged to apply fully the principle of equal remuneration for men and women workers for work of equal value.

3. The Committee notes that section 28(3)(1) of the 1995 Public Service Act states 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 reiterates its previous request to the Government to provide information with its next report on what is meant by “a similar rate of remuneration”, as well as the way in which “similar” government posts are classified. It also asks the Government to provide statistical information with its next report indicating the distribution of men and women in the different occupations and at the different levels of the public service and the attendant wage classifications for each.

4. Minimum wages. The Committee notes the Government’s reference to the Act on Defining Minimum Wages of 1998 and its indication that minimum wages are determined after consultations with national employers’ and workers’ organizations. Noting that the minimum wage is a significant means of ensuring the application of the Convention, the Committee emphasizes the importance of legislative provisions and guidance in providing a framework of equality when wages are set by collective agreement or otherwise. The Committee asks the Government to provide a copy of the Minimum Wage Act of 1998 with its next report and information on the consultations held with the social partners.

5. Objective job appraisals. 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 the work performed. It notes the Government’s statement that the wage is established on the basis of the employee’s performance and that, according to an earlier Government report, Decree No. 145 of 1996 establishes a procedure for fixing an employee’s wages on the basis of an evaluation of his/her work, permitting a certain amount to be added to the wage in light of the results of the work performed. While recalling that performance appraisal criteria, such as skill and output and their equivalents, are not discriminatory per se as a basis for wage differentiation, the Committee points out that 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 on equal remuneration, 1986, paragraph 54). The Committee asks the Government to provide detailed information with its next report on the methodology used to undertake appraisals of jobs.

6. The Committee has noted on several occasions that in accordance with 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 their salaries may be differentiated due to their record of service, work experience, performance and output. The appendix applies to state enterprises and joint stock companies in which the State has a controlling interest, which tend to employ a significant number of women. The Committee therefore reiterates its request to the Government to provide with its next report samples of the wage rules prepared by such state enterprises and joint stock companies, as well as information on the percentage of men and women at the various wage levels in such enterprises.

7. National Council on Gender Issues. The Committee understands that Government resolution No. 22 of 31 January 2001 established the National Council on Gender Issues. It understands that this Council consists of representatives of the Parliament, the Government and non-governmental organizations and that the Council has to adopt its own Charter. The Committee asks the Government to provide information with its next report on the content of the Charter of the Council and on any activities undertaken by the Council relating to the principle of equal remuneration for men and women workers for work of equal value.

8. Labour inspection. The Committee asks the Government to provide information with its next report on the activities carried out and methods used by the state labour inspection services to promote and ensure compliance with the principle of equal remuneration for men and women workers for work of equal value.