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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments (observation and direct request)

Article 1(a) of the Convention. Definition of remuneration. Legislation. Noting the absence of a reply from the Government on this point, the Committee again asks the Government to indicate whether the definition of “salary” in section 101.1 of the Labour Law encompasses all the elements of remuneration, as defined in Article 1(a) of the Convention, and also applies to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment (such as travel and accommodation allowances, company car, protective clothes, etc.).

Article 2(2)(b). Minimum wages. In light of the persistent occupational gender segregation, the Committee asks the Government to provide information, disaggregated by sex, on the measures taken to ensure that sectoral or intersectoral collective agreements which set sector-specific minimum wages above the national minimum wage, as provided for in section 107 of the Labour Law, do not undervalue jobs predominantly occupied by women relative to those occupied by men.

Article 3. Objective job evaluation. The Committee notes with interest the Government’s indication, in its report, that the Tripartite National Committee for Labour and Social Partnership approved: (1) the “Method for implementing the principle of equal remuneration for employees performing work and duties of equal value” by Resolution No. 02 of 2022; and (2) the “Wage Determination” method by Resolution No. 06 of 2022. The Government states that pursuant to these methods, which can be used by all types of enterprises and organizations, the value of jobs will be determined on the basis of job evaluation in order to compare jobs of the same value but that are different in terms of content, and thus create an optimal wage structure and a fair wage system. Welcoming these initiatives, the Committee asks the Government to provide information on: (i) the criteria used in the abovementioned methods to determine the relative value of jobs for the purpose of comparison; (ii) the measures taken, including in collaboration with the employers’ and workers’ organizations, to raise awareness of and promote the use of available tools that assist employers in developing objective job evaluation systems and determining rates of remuneration; and (iii) the results of any job evaluation exercises carried out by employers.

Awareness raising and enforcement. The Committee welcomes the Government’s indication that several awareness raising and training activities were implemented to raise public awareness and provide clarifications on the Labour Law as revised in 2021, and the principle of the Convention, including with the assistance of the ILO. It notes with interest the Government’s indication that, by order No. A/54 of 27 April 2023 of the Minister of Labour and Social Protection, the checklist for supervising the implementation of the Labour Law was newly approved, and it is now possible to check the implementation of section 102.1.1 of the Labour Law which reflects the principle of the Convention (inspection sheet 07.1.1). The Committee asks the Government to provide information on: (i) any awareness raising and training activities undertaken on the principle of equal remuneration for men and women for work of equal value among workers, employers and their respective organizations, including on the procedures and remedies available; (ii) any measures taken or envisaged to strengthen the capacity of labour inspectors and other law enforcement authorities to prevent, detect and address violations of the principle of the Convention; and (iii) the number, nature and outcome of complaints for unequal remuneration dealt with by the labour inspectors, the National Human Rights Commission, the courts or any other competent authorities.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Observation and direct request

Articles 1–4 of the Convention. Assessing and addressing the gender pay gap and its underlying causes. The Committee notes the Government’s indication in its report that according to the National Statistics Office, on average women’s monthly remuneration represented 81.8 per cent of men’s remuneration in 2022, thus corresponding to a 1.7 percentage point increase in the gender pay gap since 2019 (18.2 per cent in 2022 compared to 16.5 per cent in 2019). It observes that the gender pay gap was as high as 28.6 per cent in financial and insurance activities, where women represented 64.2 per cent of the workers. The Committee further notes that women remain concentrated in lower-paid sectors such as accommodation and food services, education, health, wholesale and retail trade, while men are concentrated in mining, manufacturing, construction, transport and energy which are high-paid sectors. In that regard, it refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), regarding the persistent vertical and horizontal segregation in the labour market. The Committee notes with regret that the Government does not provide information on any measures taken to address the underlying causes of the gender pay gap, including as a result of the National Wage Policy for 2019-2024 and its action plan. It further notes that, in its 2022 concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern about the persistent gender pay gap in all sectors and the concentration of women in low-paid jobs in the formal and informal sectors (CEDAW/C/MNG/CO/10, 12 July 2022, paragraph 30). The Committee asks the Government to strengthen its efforts to address the gender pay gap, including by promoting the application of the principle of equal remuneration for men and women for work of equal value as enshrined in the Labour Law and the Convention, and its underlying causes, such as persistent vertical and horizontal occupational gender segregation, and gender stereotypes regarding women’s professional aspirations, preferences and capabilities, and their role in the family. It also asks the Government to provide information on: (i) any proactive measures taken and implemented to that end, including by enhancing women’s access to jobs with career prospects and higher pay; and (ii) the earnings of men and women in the various economic sectors, disaggregated by sex and occupational category, as well as any information available on the gender pay gap.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 to 4 of the Convention. Gender pay gap and occupational segregation. The Committee notes from the statistics on wages and salaries by occupation and gender of the Mongolian Statistical Information Service to which the Government refers in its report, that on average, women’s remuneration represented 83.5 per cent of men’s remuneration in the year 2019 (81.3 per cent in March 2020), establishing the overall gender pay gap at 16.5 per cent for 2019. It further notes from the 2019 Report of the National Committee on Gender Equality “Mongolia Gender Situational Analysis : Advances, Challenges and Lessons learned since 2005” that women earn on average less than men in all sectors except female administrative and executive staff in the mining sector, or highly skilled professionals in agriculture, forestry, fisheries and hunting fields such as industrial and other machine operators as well as women employed with international organizations, with the biggest pay gaps in the sectors of information technology and in finance and insurance. The Committee asks the Government to continue to provide recent statistical information on the wage levels of men and women and the gender pay gap, and to indicate the corresponding distribution of men and women, in the various sectors of the economy. It further asks the Government to provide information on the measures taken to address the underlying causes of the gender pay gap, such as occupational gender segregation both horizontal and vertical. In particular, the Committee asks the Government to continue to undertake sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society and to provide information on the impact of these measures on the reduction of the gender pay gap.

Promotion of the principle of equal remuneration for men and women for work of equal value. The Committee notes with interest the Government’s indication that the National Policy for Remuneration, which was revised by Decree No. 2 of the National Tripartite Committee for Labour and Social Consent on 6 September 2019, includes the principle of equal remuneration for work of equal value, prohibits any type of discrimination and prejudice in wage distribution, aims at reducing inequality and sets remuneration level based on competence, job evaluation and outcome. The Government adds that activities to promote the Convention among the public are also foreseen. The Committee asks the Government to provide information on the implementation of the National Policy for Remuneration with respect to the principle of equal remuneration for men and women for work of equal value, indicating the promotional activities that have been carried out.

Article 3. Objective job evaluation. The Committee welcomes the Government’s indication that job analysis and evaluation were carried out in the education and health sectors and job grades were updated. Measures were also taken towards establishing a remuneration system for doctors and teachers based on their workload, professional skills, work responsibilities and work performance results and, after the evaluation of work places, salary levels have been upgraded and base salaries have been raised in the civil service medical institutions, in public kindergartens and general education schools in the field of pre-school, primary and secondary education and in public vocational training and production institutions. Salary levels of teachers, including in primary schools and kindergartens, doctors, nurses and civil service workers were increased in average by 20 per cent through renewed job classification. Welcoming these measures, the Committee asks the Government to continue to provide information on any job evaluations carried out, indicating the methods and criteria used, and to indicate the impact of the wage increases resulting from past evaluations on the gender pay gap, taking into account female and male dominated sectors and occupations.

Article 2(2)(b). Minimum wages. The Committee welcomes the Government’s indication that, pursuant to decisions from the National Tripartite Committee on Social Consensus to increase the minimum wage, the salaries of 80,000 to 100,000 people increased by 33.3 per cent in 2019 and by 31.2 per cent in 2020. The Committee notes however that, since these data are not disaggregated by sex, it is difficult to assess the impact of the measures taken by the Government on reducing the gender pay gap. It also notes that the Government’s report does not contain information on the method and criteria used to determine the minimum wage. The Committee asks the Government to provide statistical information, disaggregated by sex, on the number of persons who benefitted from the minimum wage increases over the years and the impact of such increases on the gender pay gap, and to indicate the method and criteria used by the National Tripartite Committee on Social Consensus to establish the minimum wage.

Enforcement. The Committee notes from the statistics provided by the Government on infringements of the labour legislation established after labour inspections that there is no specific supervision of the legal provisions regarding equal remuneration and no specific “inspection indicator” to that effect. Recalling that the National Human Rights Commission monitors the implementation of the Law on the Promotion of Gender Equality, the Committee further notes that there is no mention of any complaint regarding discrimination in remuneration in its 2020 “19th Status on Human Rights and Freedoms in Mongolia”. The Committee hopes that, with the inclusion of provisions on equal remuneration for work of equal value in the Labour Law, a specific “inspection indicator” on this matter will be included in the inspection list and asks the Government to provide information in this regard. It asks once again the Government to provide information on any training measures taken or envisaged to strengthen the capacity of the labour inspectorate to prevent, detect and address violations of the principle of the Convention. The Committee also asks once again the Government to provide information on the number, nature, and outcome of complaints addressed by judicial and administrative bodies and the National Human Rights Commission.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, in its previous comments, it emphasized the lack of reference to the principle of equal remuneration for work of equal value in the Labour Law and in the Law on the Promotion of Gender Equality (LPGE), and stressed the importance of seizing the opportunity provided by the Labour Law reform to incorporate the concept of “work of equal value” into the national legislation and adopt a broad definition of “remuneration”. The Committee notes with satisfaction that, in the new Labour Law adopted on 2 June 2021, the definition of “salary” includes the “basic salary, allowances, additional wages and vacation pay and bonuses” (section 101.1) and that, pursuant to section 102.1.1, the salary of employees “performing jobs of equal value shall be the same”. In addition, the Committee welcomes the explicit prohibition of salary discrimination on the basis of sex or other grounds (section 102.1.4). In light of these positive legislative developments, the Committee asks the Government to take steps to raise awareness of the principle of equal remuneration for men and women for work of equal value enshrined in the new Labour Law among workers, employers and their organizations as well as among labour inspectors and officials. It also asks the Government to clarify whether section 101.1 of the Labour Law applies also to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment and to provide examples of application in practice of this provision. The Committee asks the Government to consider the inclusion of the principle of equal remuneration for men and women for work of equal value in the Law on the Promotion of Gender Equality (LPGE) to align its provisions on equal pay with the provisions of the Labour Law.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Occupational segregation and gender pay gap. The Committee notes the Government’s indication that women continue to receive lower wages than men in most sectors of the economy. It notes from the statistical information provided by the Government in its report that women’s remuneration represents, on average, 87 per cent of the remuneration received by men. It also notes that the widest gender pay gaps are found in the sectors of manufacturing, construction, information and communication, finance and insurance. The Committee further notes that women workers are concentrated in specific sectors, such as hotel and hospitality services, education, health and social support services, as well as wholesale and sales. The Committee notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) with regard to the persistence of deep rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family, which are reflected, inter alia, in women’s educational and professional choices and the continued occupational segregation in the labour market (CEDAW/C/MNG/CO/8-9, 10 March 2016, paragraph 16). The Committee notes the information provided by the Government concerning the awareness-raising campaigns carried out with a view to addressing gender stereotypes concerning the role of women in Mongolian society. In particular, the Media Council under the National Committee on Gender Equality (NCGE) has produced a handbook on gender-sensitive indicators for the media that are currently being tested by the television and the daily newspaper media. The Government also acknowledges that more work needs to be done to reduce the gender pay gap and address persisting stereotypes, including strengthening institutional capacity on these themes. The Committee again asks the Government to indicate the specific measures adopted or envisaged to reduce the gender pay gap, including in the framework of the State Policy on Remuneration. It also requests the Government to continue to undertake sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society and to promote the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on the impact of these measures on the reduction of the gender pay gap. Please also provide information on the impact of the use of the gender-sensitive indicators developed by the NCGE on overcoming gender stereotypes conveyed by the media. The Government is further asked to continue to supply statistical information on the wage levels of men and women in various industries and occupations in the private and public sectors, and to indicate the corresponding distribution of men and women in these areas.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, despite the adoption of the recommendation on remuneration for entities (RRE) by the National Tripartite Committee on Labour and Social Consensus (NTCLSC) – which provides for the principle of equal remuneration for work of equal value and sets out five distinct methods of job evaluation – some entities still have not established procedures or methods of job evaluation when setting wages. The Committee also notes that the Government’s report does not provide further information on the specific procedures entailed by each of the methods indicated in the RRE. The Committee notes that the Government has availed itself of ILO technical cooperation in order to develop and promote methods of job evaluation free from gender bias and is currently testing these methods in two pilot sectors, that is, construction and mining. The Committee asks the Government to provide information on the measures taken to promote methods of objective job evaluation free from gender bias and how they are applied in practice, including information on the pilot experiences in the construction and mining sectors. Please also provide specific information describing the procedures required by each of the five methods listed in the RRE.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that, in the public sector, wages are established according to a salary table that sets wage levels per categories of jobs and grades of posts without distinguishing between men and women workers, but taking into account factors such as expertise, skills, experience required and level of decision-making involved. Regarding sector-specific minimum wages, the Government indicates that it is not in a position to assess whether sectors dominated by women consistently see lower minimum wages than those dominated by men, due to the lack of sufficient data. The Committee recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular, that certain skills considered to be “female” or, the work in sectors with a high proportion of women, are not undervalued. It also wishes to underscore that the fact that regulations determining the minimum wage do not make a distinction between men and women is not sufficient to ensure that there is no gender bias in the process (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee again asks the Government to indicate the measures taken to ensure that agreements to set sector-specific wages do not undervalue jobs predominantly occupied by women in comparison to those occupied by men. It also encourages the Government to step up its efforts to assess and monitor the application of the principle of the Convention in the setting of minimum wages and to provide information in this respect.

Enforcement. The Committee notes from the Government’s report that a number of trainings have been undertaken concerning the principle of the Convention, including capacity building targeting the Ministry of Labour and a training for gender focal points, organized respectively by the ILO and the NCGE. It also notes the Government’s indication that no information is available with regard to reports by labour inspectors and complaints concerning the application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that an initiative has been launched in collaboration with the National University of Mongolia with a view to obtaining information on labour-related complaints registered with the National Human Rights Commission of Mongolia, including cases concerning the application of the Convention. The Committee asks the Government to provide information on the cases concerning discrimination in remuneration lodged before the National Human Rights Commission and their outcome, as well as on the number, nature, and outcome of complaints addressed by judicial and administrative bodies. It also asks the Government to provide information on the measures taken or envisaged to strengthen the capacity of the labour inspectorate to prevent, detect and address violations of the principle of the Convention. Please also continue to provide information on any training undertaken or envisaged regarding the application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee refers to its previous comments in which it noted the lack of reference to the principle of the Convention both in the Labour Law and in the Law on the Promotion of Gender Equality (LPGE), and stressed the importance of seizing the opportunity provided by Labour Law reform to incorporate the concept of “work of equal value” into the national legislation and adopt a broad definition of “remuneration”, in accordance with the Convention. The Committee notes the Government’s indication that the new draft Labour Law reflects the principle of equal remuneration for men and women for work of equal value, and that this principle applied not only to the basic salary but also to any additional emoluments arising out of the worker’s employment. The Committee further notes from the Progress Report (October 2017) on the ILO–European Commission Project “Sustaining GSP-Plus beneficiary countries to effectively implement ILO standards and comply with reporting obligations” that the Government proposed to submit the draft revised Labour Law in late 2017 for Parliamentary consideration, and that key amendments, endorsed by tripartite working groups, provide for the inclusion of the principle of equal remuneration for work of equal value. The Committee welcomes the revisions introduced in the draft Labour Law and asks the Government to provide a copy of the new Labour Law once it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Occupational segregation and gender pay gap. The Committee notes the Government’s indication that women continue to receive lower wages than men in most sectors of the economy. It notes from the statistical information provided by the Government in its report that women’s remuneration represents, on average, 87 per cent of the remuneration received by men. It also notes that the widest gender pay gaps are found in the sectors of manufacturing, construction, information and communication, finance and insurance. The Committee further notes that women workers are concentrated in specific sectors, such as hotel and hospitality services, education, health and social support services, as well as wholesale and sales. The Committee notes the concerns expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) with regard to the persistence of deep rooted patriarchal attitudes and discriminatory stereotypes concerning the roles and responsibilities of women and men in the family, which are reflected, inter alia, in women’s educational and professional choices and the continued occupational segregation in the labour market (CEDAW/C/MNG/CO/8-9, 10 March 2016, paragraph 16). The Committee notes the information provided by the Government concerning the awareness-raising campaigns carried out with a view to addressing gender stereotypes concerning the role of women in Mongolian society. In particular, the Media Council under the National Committee on Gender Equality (NCGE) has produced a handbook on gender-sensitive indicators for the media that are currently being tested by the television and the daily newspaper media. The Government also acknowledges that more work needs to be done to reduce the gender pay gap and address persisting stereotypes, including strengthening institutional capacity on these themes. The Committee again asks the Government to indicate the specific measures adopted or envisaged to reduce the gender pay gap, including in the framework of the State Policy on Remuneration. It also requests the Government to continue to undertake sensitization programmes and awareness-raising activities to overcome traditional stereotypes regarding the role of women in society and to promote the application of the principle of equal remuneration for men and women for work of equal value, and to provide information on the impact of these measures on the reduction of the gender pay gap. Please also provide information on the impact of the use of the gender-sensitive indicators developed by the NCGE on overcoming gender stereotypes conveyed by the media. The Government is further asked to continue to supply statistical information on the wage levels of men and women in various industries and occupations in the private and public sectors, and to indicate the corresponding distribution of men and women in these areas.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that, despite the adoption of the recommendation on remuneration for entities (RRE) by the National Tripartite Committee on Labour and Social Consensus (NTCLSC) – which provides for the principle of equal remuneration for work of equal value and sets out five distinct methods of job evaluation – some entities still have not established procedures or methods of job evaluation when setting wages. The Committee also notes that the Government’s report does not provide further information on the specific procedures entailed by each of the methods indicated in the RRE. The Committee notes that the Government has availed itself of ILO technical cooperation in order to develop and promote methods of job evaluation free from gender bias and is currently testing these methods in two pilot sectors, that is, construction and mining. The Committee asks the Government to provide information on the measures taken to promote methods of objective job evaluation free from gender bias and how they are applied in practice, including information on the pilot experiences in the construction and mining sectors. Please also provide specific information describing the procedures required by each of the five methods listed in the RRE.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that, in the public sector, wages are established according to a salary table that sets wage levels per categories of jobs and grades of posts without distinguishing between men and women workers, but taking into account factors such as expertise, skills, experience required and level of decision-making involved. Regarding sector-specific minimum wages, the Government indicates that it is not in a position to assess whether sectors dominated by women consistently see lower minimum wages than those dominated by men, due to the lack of sufficient data. The Committee recalls that special attention is needed in the design or adjustment of sectoral minimum wage schemes to ensure that the rates fixed are free from gender bias, and in particular, that certain skills considered to be “female” or, the work in sectors with a high proportion of women, are not undervalued. It also wishes to underscore that the fact that regulations determining the minimum wage do not make a distinction between men and women is not sufficient to ensure that there is no gender bias in the process (see General Survey of 2012 on the fundamental Conventions, paragraph 683). The Committee again asks the Government to indicate the measures taken to ensure that agreements to set sector-specific wages do not undervalue jobs predominantly occupied by women in comparison to those occupied by men. It also encourages the Government to step up its efforts to assess and monitor the application of the principle of the Convention in the setting of minimum wages and to provide information in this respect.

Enforcement. The Committee notes from the Government’s report that a number of trainings have been undertaken concerning the principle of the Convention, including capacity building targeting the Ministry of Labour and a training for gender focal points, organized respectively by the ILO and the NCGE. It also notes the Government’s indication that no information is available with regard to reports by labour inspectors and complaints concerning the application of the principle of equal remuneration for men and women for work of equal value. The Committee notes that an initiative has been launched in collaboration with the National University of Mongolia with a view to obtaining information on labour-related complaints registered with the National Human Rights Commission of Mongolia, including cases concerning the application of the Convention. The Committee asks the Government to provide information on the cases concerning discrimination in remuneration lodged before the National Human Rights Commission and their outcome, as well as on the number, nature, and outcome of complaints addressed by judicial and administrative bodies. It also asks the Government to provide information on the measures taken or envisaged to strengthen the capacity of the labour inspectorate to prevent, detect and address violations of the principle of the Convention. Please also continue to provide information on any training undertaken or envisaged regarding the application of the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. Work of equal value. Legislation. The Committee refers to its previous comments in which it noted the lack of reference to the principle of the Convention both in the Labour Law and in the Law on the Promotion of Gender Equality (LPGE), and stressed the importance of seizing the opportunity provided by Labour Law reform to incorporate the concept of “work of equal value” into the national legislation and adopt a broad definition of “remuneration”, in accordance with the Convention. The Committee notes the Government’s indication that the new draft Labour Law reflects the principle of equal remuneration for men and women for work of equal value, and that this principle applied not only to the basic salary but also to any additional emoluments arising out of the worker’s employment. The Committee further notes from the Progress Report (October 2017) on the ILO–European Commission Project “Sustaining GSP-Plus beneficiary countries to effectively implement ILO standards and comply with reporting obligations” that the Government proposed to submit the draft revised Labour Law in late 2017 for Parliamentary consideration, and that key amendments, endorsed by tripartite working groups, provide for the inclusion of the principle of equal remuneration for work of equal value. The Committee welcomes the revisions introduced in the draft Labour Law and asks the Government to provide a copy of the new Labour Law once it is adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Mongolian Employer’s Federation (MONEF) received on 20 May 2014, as well as those incorporated in the Government’s report, both of which referred to the application of the principle of the Convention. The Committee also notes the observations by the Confederation of Mongolian Trade Unions (CMTU), received on 20 May 2014, which supports the information provided by the Government in its report.

Occupational segregation and gender pay gap. The Committee notes from the extensive information provided by the Government in its report that women continue to be paid at lower levels than men in nearly every area of the economy, drawing particular attention to gender pay gaps in the occupations of skilled agricultural and fishery workers (44.4 per cent) manufacturing, construction, handcraft and associate workers (30.2 per cent), and operators and assemblers of machinery and equipment (23 per cent), as well as the sectors of manufacturing (24.6 per cent), construction (20.8 per cent), and wholesale and retail trade, repair of motor vehicles (22.2 per cent). The Committee also notes that the Government has recognized in its report to the United Nations Committee on Economic, Social and Cultural Rights that “women mostly work in implementing positions or common professions” while “the employment of men is much higher in highly productive, financially capable, well-paid sectors” (E/C.12/MNG/4, 2 December 2013, paragraph 62). The Committee notes in this respect that the Government refers to the State policy on remuneration adopted by the National Tripartite Committee on Labour and Social Consensus (NTCLSC) in 2012, which provides for the improvement of gender equality, the building of national capacity, and the reduction of inequalities in the distribution of wages in collective agreements and collective bargaining. The Government further indicates that it intends to pursue various goals as part of the Millennium Development Goals-Based Comprehensive National Development Strategy of Mongolia, including enforcing the Law on Promotion of Gender Equality (LPGE). The Committee asks the Government to provide information on the practical steps taken towards reducing the gender pay gap, including through the enforcement of legislative provisions on equal remuneration and the implementation of the State policy. The Committee also asks the Government to provide information on the sensitization programmes and awareness-raising activities carried out to overcome traditional stereotypes regarding the role of women in society and to disseminate a better understanding of the principle of the Convention. The Committee asks the Government to continue to provide updated statistical information on the wage levels of men and women in the various industries and occupations in the private and public sectors, and to indicate the corresponding distribution of men and women in these areas.

Article 3. Objective job evaluation. The Committee notes that, in response to its request for information on the application of practical methods and approaches used for objective job evaluation, the Government indicates that the recommendation on remuneration for entities (RRE), approved in 2001 by the NTCLSC provides for the principle of equal remuneration for work of equal value but contains no specific guidelines on how to apply this principle in practice. The RRE also provides a list of five separate methods referred to as the “ranking method,” the “comparison method,” the “point method,” the “factor comparison method,” and the “decision grouping method”, though no descriptions are provided as to the process required by each method. Noting that the draft Labour Law under elaboration appears to provide for the principle of the Convention, the Committee recalls that the concept of “equal value” requires some method of measuring and comparing the relative value of different jobs, taking into account the respective tasks involved and based on entirely objective criteria to avoid the assessment being tainted by gender bias (see General Survey on the fundamental Convention, 2012, paragraphs 673 and 695). With respect to the suggestion of MONEF for the RRE to include a skill-based evaluation method, the Committee once again recalls the difference between a performance appraisal system and objective job evaluation. While a performance appraisal system seeks to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post (see General, 2012, paragraph 696). The Committee asks the Government to provide detailed explanations of the procedures suggested by each of the methods listed in the RRE including the manner in which it is ensured that they are free from gender-bias, as well as information on how these methods are applied in practice. The Committee encourages the Government to avail itself of the technical cooperation of the ILO in this respect.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication that sectoral agreements to increase the minimum wage do not depend on a specific set of criteria or on the predominance of men or women working in the sector. The Committee notes however, from the data provided by the Government, on sector-specific minimum wages that in the health sector, which typically employs a greater number of women, the minimum wage is significantly lower than in those sectors mostly employing men. For example, the minimum wage for the health sector is 30 per cent lower than that which is established for the construction and geology and mining sectors. The Committee therefore reiterates its request for the Government to provide information on measures taken to ensure that agreements to set sector-specific minimum wages do not undervalue jobs predominantly occupied by women relative to those occupied by men.

Parts III and IV of the report form. Enforcement. The Committee notes the Government’s indication that although no training programs of labour inspectors related to the Convention have been organized, it plans to support better application of the Convention in the future through providing training to judges, lawyers, relevant government officials and the social partners. The Committee asks the Government to provide further detailed information on any training undertaken or envisaged regarding the application of the principle of the Convention. The Committee again asks the Government to provide information on the number, nature, and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Work of equal value. The Committee recalls that section 49(2) of the Labour Code and section 11(2), (3) and (4) of the Law on the Promotion of Gender Equality (LPGE) only refer to equal work and do not give expression to the concept of “work of equal value”, in accordance with the Convention. The Committee notes that a new draft Labour Law is currently under elaboration. The Committee emphasizes the importance of ensuring that the law provides for the principle of equal remuneration for men and women for work of equal value, which goes beyond equal remuneration for “equal”, the “same” or “similar” work. The Committee also recalls that the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary”, but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind arising out of the worker’s employment (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 686). The Committee asks the Government to ensure that the new Labour Law takes fully into account the principle of equal remuneration between men and women workers for work of equal value, not only with respect to the basic salary, but also with regard to additional emoluments, as provided for in Article 1(a) and (b) of the Convention. The Committee asks the Government to provide a copy of the law once it has been adopted and draws its attention to the possibility of availing itself of the technical assistance of the Office for the implementation of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes 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:

Repetition

Occupational segregation and gender pay gap. The Committee noted in its previous comments regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government’s indication that while women have been successful in taking advantage of educational opportunities, there was a gap in terms of their participation in the highest paid sectors, and they were less likely to be in managerial positions despite higher levels of educational attainment. The Committee also notes the Government’s acknowledgement in the report submitted under the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), that some laws have provisions which are implicitly discriminatory in nature, which may restrict opportunities for women to work and receive higher pay (CEDAW/C/MNG/7, 12 April 2007, page 8). With regard to the gender pay gap, the Committee notes from the 2010 statistics from the National Statistical Office of Mongolia that women earn 85.5 per cent of the average monthly wage of men. It also notes from ILO statistical information for 2008 the persistent gender pay gap in sectors such as manufacturing (28.7 per cent) mining and quarrying (21.1 per cent), transport, storage and communications (19.7 per cent), financial intermediation (19.5 per cent) and health and social work (18.5 per cent); as well as the predominance of women in lower paying sectors such as agriculture and wholesale and retail trade. The Committee stresses that occupational segregation of women into lower paying jobs or positions is one of the main causes of pay differentials between men and women. The Committee further notes from the Government’s report that the Millennium Development Goals-Based Comprehensive National Development Strategy of Mongolia (2007) has been approved by the Resolution No. 12 of the Parliament. The Committee asks the Government to provide information on the practical steps taken or envisaged to address occupational segregation and the gender pay gap. It also asks the Government to indicate how the Millennium Development Goals-Based Comprehensive National Development Strategy has been implemented to address the principle of equal remuneration for men and women for work of equal value, and to provide women with a wider range of employment opportunities, including in the higher paid sectors and at managerial and decision-making levels.

Articles 2 and 4 of the Convention. Collective agreements and the role of the social partners. The Committee notes the Government’s indication that the social partners have been working jointly on matters relating to the development of the National Tripartite Committee on Labour and Social Consensus (NTCLSC), remuneration through collective agreement, and the development of the “state policy on remuneration”. It also notes from the Government’s report that the social partners intend to reflect the issue of the “same compensation for the same work performed” in the National Tripartite Agreement and the “state policy on remuneration”. While noting these activities undertaken with the social partners, the Committee recalls the importance of promoting and ensuring the principle of equal remuneration for men and women for work of equal value which includes not only equal remuneration for the “same” work but also encompasses work that is of an entirely different nature. Furthermore, the Committee notes the observations of the Confederation of Mongolian Trade Unions (CMTU), which are incorporated in the Government’s report, regarding the difficulty in reflecting the principle of equal remuneration for men and women in the present collective agreement and bargaining process since section 8 of the Labour Law of 14 May 1999 does not contain any reference to the principle. The Committee asks the Government to provide more specific information on how the principle of the Convention is promoted through collective agreements and tripartite agreements, and to provide in this regard a summary of provisions addressing the issue, as well as information on the measures taken or envisaged to foster the application of the principle of the Convention in the context of collective bargaining. The Committee also asks the Government to indicate how the “state policy on remuneration” promotes the principle of equal remuneration for men and women for work of equal value.

Article 2(2)(b). Minimum wages. The Committee notes that the new draft of the Minimum Wage Law was approved by Parliament on 16 April 2010 and entered into force as of 1 January 2011. The Committee also notes the Government’s indication that the national minimum wage rates which are adjusted every year by the NTCLSC do not distinguish between men and women. The Committee notes from the Government’s report that minimum wage rates can be increased by sectoral agreement. The Committee asks the Government to provide specific information on the measures taken to ensure that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men when minimum wage rates are set and increased.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job performance of public servants is analysed by job assessment based on the content of the main and specific job or post. The Committee notes that the Government seems to continue to refer to the use of a performance appraisal system, and once again recalls that, unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. In this connection, the Committee refers the Government to its 2006 general observation on this Convention in which the Committee pointed out that “in order to establish whether different jobs are of an equal value, there has to be an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. ... While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee further notes that the recommendation of the NTCLSC on remuneration in economic entities and organizations provides for a policy element on equality of compensation. The Committee asks the Government to provide further information on the application of the practical approaches and methods used for the objective evaluation of jobs in the public and the private sectors; and on measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected when applying the recommendation of the NTCLSC on remuneration in economic entities and organizations.

Parts III and IV of the report form. Enforcement. The Committee once again notes that no court decisions have addressed the principle of the Convention and that no violations have been detected by the labour inspectors. The Committee also notes the observations of the CMTU indicating that the lack of complaints is due to the lack of knowledge, information and promotional activities among the employees on the issue. The Committee further notes from the Government’s report that the “Programme of the labour inspection reform” has been implemented since 2010. Several activities should be undertaken under the Programme, including training and seminars organized with a view to improving skills and knowledge of the labour inspectors. The Committee encourages the Government to ensure that the training provided to labour inspectors addresses the principle of the Convention and assists them in identifying and addressing cases of unequal pay for work of equal value. Please also provide information on any steps taken or envisaged to promote better application of the principle of the Convention, including through providing training to judges, lawyers, relevant government officials and the social partners. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.

Statistics. The Committee asks the Government to provide detailed and updated statistical information on wage levels for men and women by sector, economic activity and occupation on both the public and the private sectors.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the comments of the Mongolian Employer’s Federation (MONEF) and those of the Confederation of Mongolian Trade Unions (CMTU), which were incorporated in the Government’s report.

Articles 1 and 2 of the Convention. Work of equal value. Recalling that it has asked the Government to take measures for the adoption of legislation to ensure equal remuneration for men and women for work of equal value in both the public and private sectors, and noting that the Law on gender equality has been adopted by Parliament in 2011, the Committee notes with regret that, according to the information given by the Government in its report, section 2 of the Law, as drafted, provides only for equal opportunities for men and women to receive the “same compensation for the same work”. It also notes from the Government’s report that the employer shall pay the “same compensation to male and female employees performing the same work”. The Committee, therefore, points out that the provisions of the Law on gender equality, as drafted, which are similar to section 49(2) of the 1999 Labour Code, do not give expression to the concept of “work of equal value” in accordance with the principle of the Convention. The Committee recalls its 2006 general observation emphasizing that legislation should not only provide for equal remuneration for equal, the same or similar work, but also address situations where men and women perform work of a different nature that is nevertheless of equal value. The Committee further notes the comments of MONEF indicating that the term “same work” provided by section 49(2) of the Labour Code does not correspond to the concept of “work of equal value” laid down in the Convention, and that the Code does not provide a methodology for calculating compensation. The Committee urges the Government to take the necessary steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard. Please also forward a copy of the newly adopted Law on gender equality. The Committee once again asks the Government to provide information on any activities undertaken by the National Committee for Gender Equality to promote the principle of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Occupational segregation and gender pay gap. The Committee noted in its previous comments regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Government’s indication that while women have been successful in taking advantage of educational opportunities, there was a gap in terms of their participation in the highest paid sectors, and they were less likely to be in managerial positions despite higher levels of educational attainment. The Committee also notes the Government’s acknowledgment in the report submitted under the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW), that some laws have provisions which are implicitly discriminatory in nature, which may restrict opportunities for women to work and receive higher pay (CEDAW/C/MNG/7, 12 April 2007, page 8). With regard to the gender pay gap, the Committee notes from the 2010 statistics from the National Statistical Office of Mongolia that women earn 85.5 per cent of the average monthly wage of men. It also notes from ILO statistical information for 2008 the persistent gender pay gap in sectors such as manufacturing (28.7 per cent) mining and quarrying (21.1 per cent), transport, storage and communications (19.7 per cent), financial intermediation (19.5 per cent) and health and social work (18.5 per cent); as well as the predominance of women in lower paying sectors such as agriculture and wholesale and retail trade. The Committee stresses that occupational segregation of women into lower paying jobs or positions is one of the main causes of pay differentials between men and women. The Committee further notes from the Government’s report that the Millennium Development Goals-Based Comprehensive National Development Strategy of Mongolia (2007) has been approved by the Resolution No. 12 of the Parliament. The Committee asks the Government to provide information on the practical steps taken or envisaged to address occupational segregation and the gender pay gap. It also asks the Government to indicate how the Millennium Development Goals-Based Comprehensive National Development Strategy has been implemented to address the principle of equal remuneration for men and women for work of equal value, and to provide women with a wider range of employment opportunities, including in the higher paid sectors and at managerial and decision-making levels.

Articles 2 and 4 of the Convention. Collective agreements and the role of the social partners. The Committee notes the Government’s indication that the social partners have been working jointly on matters relating to the development of the National Tripartite Committee on Labour and Social Consensus (NTCLSC), remuneration through collective agreement, and the development of the “state policy on remuneration”. It also notes from the Government’s report that the social partners intend to reflect the issue of the “same compensation for the same work performed” in the National Tripartite Agreement and the “state policy on remuneration”. While noting these activities undertaken with the social partners, the Committee recalls the importance of promoting and ensuring the principle of equal remuneration for men and women for work of equal value which includes not only equal remuneration for the “same” work but also encompasses work that is of an entirely different nature. Furthermore, the Committee notes the observations of the Confederation of Mongolian Trade Unions (CMTU), which are incorporated in the Government’s report, regarding the difficulty in reflecting the principle of equal remuneration for men and women in the present collective agreement and bargaining process since section 8 of the Labour Law of 14 May 1999 does not contain any reference to the principle. The Committee asks the Government to provide more specific information on how the principle of the Convention is promoted through collective agreements and tripartite agreements, and to provide in this regard a summary of provisions addressing the issue, as well as information on the measures taken or envisaged to foster the application of the principle of the Convention in the context of collective bargaining. The Committee also asks the Government to indicate how the “state policy on remuneration” promotes the principle of equal remuneration for men and women for work of equal value.

Article 2(2)(b). Minimum wages. The Committee notes that the new draft of the Minimum Wage Law was approved by Parliament on 16 April 2010 and entered into force as of 1 January 2011. The Committee also notes the Government’s indication that the national minimum wage rates which are adjusted every year by the NTCLSC do not distinguish between men and women. The Committee notes from the Government’s report that minimum wage rates can be increased by sectoral agreement. The Committee asks the Government to provide specific information on the measures taken to ensure that jobs predominantly undertaken by women are not being undervalued in comparison with those undertaken by men when minimum wage rates are set and increased.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that job performance of public servants is analysed by job assessment based on the content of the main and specific job or post. The Committee notes that the Government seems to continue to refer to the use of a performance appraisal system, and once again recalls that, unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. In this connection, the Committee refers the Government to its 2006 general observation on this Convention in which the Committee pointed out that “in order to establish whether different jobs are of an equal value, there has to be an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. ... While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee further notes that the recommendation of the NTCLSC on remuneration in economic entities and organizations provides for a policy element on equality of compensation. The Committee asks the Government to provide further information on the application of the practical approaches and methods used for the objective evaluation of jobs in the public and the private sectors; and on measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected when applying the recommendation of the NTCLSC on remuneration in economic entities and organizations.

Parts III and IV of the report form. Enforcement. The Committee once again notes that no court decisions have addressed the principle of the Convention and that no violations have been detected by the labour inspectors. The Committee also notes the observations of the CMTU indicating that the lack of complaints is due to the lack of knowledge, information and promotional activities among the employees on the issue. The Committee further notes from the Government’s report that the “Programme of the labour inspection reform” has been implemented since 2010. Several activities should be undertaken under the Programme, including training and seminars organized with a view to improving skills and knowledge of the labour inspectors. The Committee encourages the Government to ensure that the training provided to labour inspectors addresses the principle of the Convention and assists them in identifying and addressing cases of unequal pay for work of equal value. Please also provide information on any steps taken or envisaged to promote better application of the principle of the Convention, including through providing training to judges, lawyers, relevant government officials and the social partners. Please also provide information on the number, nature and outcome of complaints related to the principle of equal remuneration for men and women for work of equal value addressed by judicial and administrative bodies.

Statistics. The Committee asks the Government to provide detailed and updated statistical information on wage levels for men and women by sector, economic activity and occupation on both the public and the private sectors.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments of the Mongolian Employer’s Federation (MONEF) and those of the Confederation of Mongolian Trade Unions (CMTU), which were incorporated in the Government’s report.

Articles 1 and 2 of the Convention. Work of equal value. Recalling that it has asked the Government to take measures for the adoption of legislation to ensure equal remuneration for men and women for work of equal value in both the public and private sectors, and noting that the Law on Gender Equality has been adopted by Parliament in 2011, the Committee notes with regret that, according to the information given by the Government in its report, section 2 of the Law, as drafted, provides only for equal opportunities for men and women to receive the “same compensation for the same work”. It also notes from the Government’s report that the employer shall pay the “same compensation to male and female employees performing the same work”. The Committee, therefore, points out that the provisions of the Law on Gender Equality, as drafted, which are similar to section 49(2) of the 1999 Labour Code, do not give expression to the concept of “work of equal value” in accordance with the principle of the Convention. The Committee recalls its 2006 general observation emphasizing that legislation should not only provide for equal remuneration for equal, the same or similar work, but also address situations where men and women perform work of a different nature that is nevertheless of equal value. The Committee further notes the comments of MONEF indicating that the term “same work” provided by section 49(2) of the Labour Code does not correspond to the concept of “work of equal value” laid down in the Convention, and that the Code does not provide a methodology for calculating compensation. The Committee urges the Government to take the necessary steps to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value, and to provide information in this regard. Please also forward a copy of the newly adopted Law on Gender Equality. The Committee once again asks the Government to provide information on any activities undertaken by the National Committee for Gender Equality to promote the principle of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Work of equal value. The Committee has been noting for a number of years that section 49(2) of the 1999 Labour Code, providing for equal remuneration for “male and female employees performing the same work” is narrower than the principle of the Convention, which goes beyond the same work, and encompasses work which is different but is nevertheless of equal value. The Committee notes that in the Government’s most recent report reference continues to be made to equal remuneration for the same work. The Committee draws the Government’s attention to the Committee’s 2006 general observation underscoring the importance of providing for equal remuneration not only for work that is equal, the same or similar, but also for work that is of an entirely different nature, but which is nevertheless of equal value. The Committee stated in its general observation that legal provisions that are narrower than the principle as laid down in the Convention, hinder progress in eradicating gender-based pay discrimination against women at work, as they do not give expression to the concept of “work of equal value”. The Committee also notes from the Government’s report that the National Council on Gender Issues is now the National Committee for Gender Equality, which is developing a draft Gender Equality Law to ensure gender equality and implement the principle of the Convention. The Committee hopes that in drafting the Gender Equality Law the opportunity will be taken to incorporate a specific provision on equal remuneration between men and women for work of equal value. The Committee asks the Government to take measures for the adoption of legislation to ensure equal remuneration for men and women for work of equal value in both the public and private sectors, and to provide information on the steps taken to this effect. Please also provide information on the status of the draft Gender Equality Law, and on any activities undertaken by the National Committee for Gender Equality to promote the principle of the Convention.

Articles 2 and 4. Collective agreements and the role of the social partners. The Committee notes that the Government refers to the importance of collective agreements in ensuring the principle of equal remuneration for work of equal value. The Government states in particular that it cooperates with the Mongolian Employers’ Federation (MONEF) and the Confederation of Mongolian Trade Unions (CMTU) in implementing the principle of the Convention, and that every year a collective agreement is agreed with them. The Government also refers to relevant tripartite agreements at various levels, including regional, sectoral and local. The Committee asks the Government to provide a summary of the provisions of collective agreements and tripartite agreements addressing the issue of equal remuneration for work of equal value.

Article 2(2)(b). Minimum wages. The Committee once again asks the Government to provide a copy of the Minimum Wage Act of 1998, and also to indicate how it is ensured that minimum wages are fixed without undervaluing jobs and occupations dominated by women.

Article 3. Objective job evaluation. The Committee notes that on the issue of objective job evaluation, the Government refers to recommendations approved by the National Tripartite Committee for Labour and Social Consultation on remuneration in economic entities and organizations, pursuant to which organizations apply different structures to different groups depending on their specificities. The Government goes on to refer to the provision of the Public Service Law pursuant to which a performance agreement is assessed for a public servant based on his or her performance and qualifications. The Committee notes that there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee recalls its 2006 general observation in which it points out that “in order to establish whether different jobs are of an equal value, there has been an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. … it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee asks the Government to provide more information regarding how the recommendations of the National Tripartite Committee for Labour and Social Consultation on remuneration in economic entities and organizations relate to objective job evaluation, and what methodology is used. Please provide any other information on measures taken to implement practical approaches and methods for the objective evaluation of jobs with a view to effectively applying the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

Parts III and IV of the report form. Enforcement. The Committee notes that the Government states that joint inspections with the social partners are carried out from time to time to examine remuneration issues and deal with complaints. The Government indicates that these inspections show that equal remuneration is fully implemented within the legal framework. The Government also states that there have been no court decisions relating to the principle of the Convention. Nor have the professional inspections revealed any violations of the principle. The Committee recalls that the absence of complaints or findings of violations of the principle of equal remuneration for work of equal value does not imply that there are no violations of the principle in practice. The Committee considers that it may in fact reflect rather the weakness of the legal framework and of the dispute resolution processes. The Committee, therefore, hopes that the Government will provide specific training to judges, lawyers, labour inspectors, other relevant government officials and the social partners, regarding the principle of the Convention, so that they can better contribute to ensuring that the Convention is effectively applied. The Committee asks the Government to provide information on the steps taken in this regard.

Statistics. The Committee asks the Government to provide statistics  concerning the remuneration received by men and women in different sectors and occupations, in the public and private sectors.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes 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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes once again 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:

The Committee notes the adoption, on 18 December 1999, of the new Labour Code of Mongolia.

1. Referring to its previous comments on the Labour Code of 1991, which did not include the principle of equal remuneration for men and women, the Committee observes that section 49.2 of the 1999 Labour Code establishes that male and female employees performing the same work shall be entitled to the same amount of remuneration. While this provision addresses the issue of equal pay between the sexes, the Committee notes that its scope is narrower than that specified in Article 2(1) of the Convention. The Committee draws the Government’s attention to the fact that, under the Convention, equal remuneration is required for work which is of equal value. The Committee therefore reiterates its previous comments recommending that the Government consider giving legislative expression to the principle of the Convention.

2. The Committee notes that section 28(3)(1) of the Public Service Act, 1995, establishes 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 asks the Government to indicate what is meant by "a similar rate of remuneration" as well as the way in which "similar" government posts are classified. In addition, the Committee asks the Government to supply information, including statistical data, in its next report, indicating the distribution of men and women in the different jobs and at the different levels of the public service. Please also indicate the methodology used to establish rates of remuneration for the public service, and the measures taken to avoid or reduce gender bias in the wage-fixing process.

3. Article 3 of the Convention provides that, where such action will assist in giving effect to the provisions of the Convention, measures shall be taken to promote the objective appraisal of jobs on the basis of the work to be performed. Referring to its previous comments regarding the establishment of differential wage rates, 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 work performed. The Government indicates in its report that enterprises and organizations of all types establish the value of their employees’ performance. According to the report, Government Decree No. 145 of 1996 established a procedure for fixing the employee’s wages on the basis of an evaluation of his or her work, permitting a certain amount to be added to the wage in light of the results of the work performed. The Committee recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory per se as a basis for wage differentiation, 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 of 1986, Equal remuneration, paragraph 54). The Committee asks the Government to provide practical examples of salary schemes established by employers in accordance with sections 49.1 and 48.3 of the Code and Government Decree No. 145 of 1996. The Committee would also be grateful if the Government would supply a copy of Decree No. 145 with its next report.

4. The Committee notes that section 101 of the 1999 Labour Code provides that a list of work that women may not perform shall be approved by the government official responsible for labour matters. The Government is requested to provide a current, updated copy of this list with its next report.

5. In its previous comments, the Committee noted that, under 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 that their salaries may be differentiated due to their record of service, work experience, performance and output. The Committee previously noted that the enterprises to which the appendix applies (state enterprises and joint stock companies in which the State has a controlling interest) are required to prepare a regulation on the salary rate pursuant to section 16 of the appendix. The Committee repeats its request that the Government supply samples of the regulation on the salary payment prepared by those state enterprises and joint stock companies where a significant number of women are employed, as well as information on the percentages of men and women at different salary levels in those enterprises.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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:

The Committee notes the adoption, on 18 December 1999, of the new Labour Code of Mongolia.

1. Referring to its previous comments on the Labour Code of 1991, which did not include the principle of equal remuneration for men and women, the Committee observes that section 49.2 of the 1999 Labour Code establishes that male and female employees performing the same work shall be entitled to the same amount of remuneration. While this provision addresses the issue of equal pay between the sexes, the Committee notes that its scope is narrower than that specified in Article 2(1) of the Convention. The Committee draws the Government’s attention to the fact that, under the Convention, equal remuneration is required for work which is of equal value. The Committee therefore reiterates its previous comments recommending that the Government consider giving legislative expression to the principle of the Convention.

2. The Committee notes that section 28(3)(1) of the Public Service Act, 1995, establishes 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 asks the Government to indicate what is meant by "a similar rate of remuneration" as well as the way in which "similar" government posts are classified. In addition, the Committee asks the Government to supply information, including statistical data, in its next report, indicating the distribution of men and women in the different jobs and at the different levels of the public service. Please also indicate the methodology used to establish rates of remuneration for the public service, and the measures taken to avoid or reduce gender bias in the wage-fixing process.

3. Article 3 of the Convention provides that, where such action will assist in giving effect to the provisions of the Convention, measures shall be taken to promote the objective appraisal of jobs on the basis of the work to be performed. Referring to its previous comments regarding the establishment of differential wage rates, 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 work performed. The Government indicates in its report that enterprises and organizations of all types establish the value of their employees’ performance. According to the report, Government Decree No. 145 of 1996 established a procedure for fixing the employee’s wages on the basis of an evaluation of his or her work, permitting a certain amount to be added to the wage in light of the results of the work performed. The Committee recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory per se as a basis for wage differentiation, 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 of 1986, Equal remuneration, paragraph 54). The Committee asks the Government to provide practical examples of salary schemes established by employers in accordance with sections 49.1 and 48.3 of the Code and Government Decree No. 145 of 1996. The Committee would also be grateful if the Government would supply a copy of Decree No. 145 with its next report.

4. The Committee notes that section 101 of the 1999 Labour Code provides that a list of work that women may not perform shall be approved by the government official responsible for labour matters. The Government is requested to provide a current, updated copy of this list with its next report.

5. In its previous comments, the Committee noted that, under 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 that their salaries may be differentiated due to their record of service, work experience, performance and output. The Committee previously noted that the enterprises to which the appendix applies (state enterprises and joint stock companies in which the State has a controlling interest) are required to prepare a regulation on the salary rate pursuant to section 16 of the appendix. The Committee repeats its request that the Government supply samples of the regulation on the salary payment prepared by those state enterprises and joint stock companies where a significant number of women are employed, as well as information on the percentages of men and women at different salary levels in those enterprises.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes 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:

The Committee notes the adoption, on 18 December 1999, of the new Labour Code of Mongolia.

1. Referring to its previous comments on the Labour Code of 1991, which did not include the principle of equal remuneration for men and women, the Committee observes that section 49.2 of the 1999 Labour Code establishes that male and female employees performing the same work shall be entitled to the same amount of remuneration. While this provision addresses the issue of equal pay between the sexes, the Committee notes that its scope is narrower than that specified in Article 2(1) of the Convention. The Committee draws the Government’s attention to the fact that, under the Convention, equal remuneration is required for work which is of equal value. The Committee therefore reiterates its previous comments recommending that the Government consider giving legislative expression to the principle of the Convention.

2. The Committee notes that section 28(3)(1) of the Public Service Act, 1995 establishes 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 asks the Government to indicate what is meant by "a similar rate of remuneration" as well as the way in which "similar" government posts are classified. In addition, the Committee asks the Government to supply information, including statistical data, in its next report, indicating the distribution of men and women in the different jobs and at the different levels of the public service. Please also indicate the methodology used to establish rates of remuneration for the public service, and the measures taken to avoid or reduce gender bias in the wage-fixing process.

3. Article 3 of the Convention provides that, where such action will assist in giving effect to the provisions of the Convention, measures shall be taken to promote the objective appraisal of jobs on the basis of the work to be performed. Referring to its previous comments regarding the establishment of differential wage rates, 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 work performed. The Government indicates in its report that enterprises and organizations of all types establish the value of their employees’ performance. According to the report, Government Decree No. 145 of 1996 established a procedure for fixing the employee’s wages on the basis of an evaluation of his or her work, permitting a certain amount to be added to the wage in light of the results of the work performed. The Committee recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory per se as a basis for wage differentiation, 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 of 1986, Equal remuneration, paragraph 54). The Committee asks the Government to provide practical examples of salary schemes established by employers in accordance with sections 49.1 and 48.3 of the Code and Government Decree No. 145 of 1996. The Committee would also be grateful if the Government would supply a copy of Decree No. 145 with its next report.

4. The Committee notes that section 101 of the 1999 Labour Code provides that a list of work that women may not perform shall be approved by the government official responsible for labour matters. The Government is requested to provide a current, updated copy of this list with its next report.

5. In its previous comments, the Committee noted that, under 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 that their salaries may be differentiated due to their record of service, work experience, performance and output. The Committee previously noted that the enterprises to which the appendix applies (state enterprises and joint stock companies in which the state has a controlling interest) are required to prepare a regulation on the salary rate pursuant to section 16 of the appendix. The Committee repeats its request that the Government supply samples of the regulation on the salary payment prepared by those state enterprises and joint stock companies where a significant number of women are employed, as well as information on the percentages of men and women at different salary levels in those enterprises.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information contained in the Government’s report, including the legislative texts attached. It particularly notes the enactment of the new Mongolian Labour Code on 18 December 1999.

1.  Referring to its previous comments on the Labour Code of 1991, which did not include the principle of equal remuneration for men and women, the Committee observes that section 49.2 of the 1999 Labour Code establishes that male and female employees performing the same work shall be entitled to the same amount of remuneration. While this provision addresses the issue of equal pay between the sexes, the Committee notes that its scope is narrower than that specified in Article 2(1) of the Convention. The Committee draws the Government's attention to the fact that, under the Convention, equal remuneration is required for work which is of equal value. The Committee therefore reiterates its previous comments recommending that the Government consider giving legislative expression to the principle of the Convention.

2.  The Committee notes that section 28(3)(1) of the Public Service Act, 1995 establishes 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 asks the Government to indicate what is meant by "a similar rate of remuneration" as well as the way in which "similar" government posts are classified. In addition, the Committee asks the Government to supply information, including statistical data, in its next report, indicating the distribution of men and women in the different jobs and at the different levels of the public service. Please also indicate the methodology used to establish rates of remuneration for the public service, and the measures taken to avoid or reduce gender bias in the wage-fixing process.

3.  Article 3 of the Convention provides that, where such action will assist in giving effect to the provisions of the Convention, measures shall be taken to promote the objective appraisal of jobs on the basis of the work to be performed. Referring to its previous comments regarding the establishment of differential wage rates, 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 work performed. The Government indicates in its report that enterprises and organizations of all types establish the value of their employees’ performance. According to the report, Government Decree No. 145 of 1996 established a procedure for fixing the employee’s wages on the basis of an evaluation of his or her work, permitting a certain amount to be added to the wage in light of the results of the work performed. The Committee recalls that, while performance appraisal criteria such as skill and output and their equivalents are not discriminatory per se as a basis for wage differentiation, 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 of 1986, Equal remuneration, paragraph 54). The Committee asks the Government to provide practical examples of salary schemes established by employers in accordance with sections 49.1 and 48.3 of the Code and Government Decree No. 145 of 1996. The Committee would also be grateful if the Government would supply a copy of Decree No. 145 with its next report.

4.  The Committee notes that section 101 of the 1999 Labour Code provides that a list of work that women may not perform shall be approved by the government official responsible for labour matters. The Government is requested to provide a current, updated copy of this list with its next report.

5.  In its previous comments, the Committee noted that, under 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 that their salaries may be differentiated due to their record of service, work experience, performance and output. The Committee previously noted that the enterprises to which the appendix applies (state enterprises and joint stock companies in which the state has a controlling interest) are required to prepare a regulation on the salary rate pursuant to section 16 of the appendix. The Committee repeats its request that the Government supply samples of the regulation on the salary payment prepared by those state enterprises and joint stock companies where a significant number of women are employed, as well as information on the percentages of men and women at different salary levels in those enterprises.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes 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 new Labour Code, adopted in 1991, prohibits any direct or indirect discrimination, exclusion or preference in labour relations on account of, inter alia, sex (section 5) and provides that workers shall be granted wages according to their work results which shall be calculated on the basis of piecework or hourly rates, or by some other manner (section 37(4)). The Committee also notes from the report that the Public Service Act, adopted in 1995, provides for equal remuneration to be granted to the same positions in the public service. The Committee observes that the principle of equal remuneration for men and women workers is not included in the Labour Code and appears not to have been included in the Public Service Act, whereas the previous Labour Code of 1973 which called for equal pay for equal work, irrespective of sex, age, race or nationality did address the issue of equal pay between the sexes, even though its formulation was narrower than that specified under the Convention. As the objective of the Convention is to eliminate wage discrimination against women through the application of the principle of equal remuneration for work of equal value, it is important that the means taken nationally to apply the Convention give expression to this principle. Despite the Government's statement that the ideas of the Convention are reflected in the 1991 Labour Code and in the 1995 Public Service Act, the Committee nevertheless recommends that the Government consider enshrining explicitly in legislation the principle of equal remuneration for men and women workers for work of equal value. The Committee recalls to the Government the possibility of obtaining assistance from the International Labour Office in this regard. Please also furnish a copy of the 1995 Public Service Act.

2. The Committee notes from the report that public servants (and employees of organizations paid from the state budget) receive wages in accordance with their designation, which is determined on the basis of the complexity of the work, responsibility, skill requirement and education. The Committee also notes that according to the terms of the appendix to resolution No. 90 of 1995 entitled "Common Procedure" (which applies to employees of state enterprises and joint stock companies with predominant state interests), basic differential rates are to be established on the basis of the minimum salary adopted for these economic entities according to the occupational position, responsibilities as outlined in the job description and the work hardship. According to this document, employees with similar duties shall be awarded the same basic rate of pay but their salaries may be distinguished by record of service, work experience, performance and output. The Committee requests the Government to furnish copies of the regulation on the salary payment rate (which must be prepared by such companies by virtue of section 16 of the appendix) for a number of these state enterprises and joint stock companies where a significant number of women are employed, together with an indication as to the percentage of men and women paid at the different wage levels.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes that the new Labour Code, adopted in 1991, prohibits any direct or indirect discrimination, exclusion or preference in labour relations on account of, inter alia, sex (section 5) and provides that workers shall be granted wages according to their work results which shall be calculated on the basis of piecework or hourly rates, or by some other manner (section 37(4)). The Committee also notes from the report that the Public Service Act, adopted in 1995, provides for equal remuneration to be granted to the same positions in the public service. The Committee observes that the principle of equal remuneration for men and women workers is not included in the Labour Code and appears not to have been included in the Public Service Act, whereas the previous Labour Code of 1973 which called for equal pay for equal work, irrespective of sex, age, race or nationality did address the issue of equal pay between the sexes, even though its formulation was narrower than that specified under the Convention. As the objective of the Convention is to eliminate wage discrimination against women through the application of the principle of equal remuneration for work of equal value, it is important that the means taken nationally to apply the Convention give expression to this principle. Despite the Government's statement that the ideas of the Convention are reflected in the 1991 Labour Code and in the 1995 Public Service Act, the Committee nevertheless recommends that the Government consider enshrining explicitly in legislation the principle of equal remuneration for men and women workers for work of equal value. The Committee recalls to the Government the possibility of obtaining assistance from the International Labour Office in this regard. Please also furnish a copy of the 1995 Public Service Act.

2. The Committee notes from the report that public servants (and employees of organizations paid from the state budget) receive wages in accordance with their designation, which is determined on the basis of the complexity of the work, responsibility, skill requirement and education. The Committee also notes that according to the terms of the appendix to resolution No. 90 of 1995 entitled "Common Procedure" (which applies to employees of state enterprises and joint stock companies with predominant state interests), basic differential rates are to be established on the basis of the minimum salary adopted for these economic entities according to the occupational position, responsibilities as outlined in the job description and the work hardship. According to this document, employees with similar duties shall be awarded the same basic rate of pay but their salaries may be distinguished by record of service, work experience, performance and output. The Committee requests the Government to furnish copies of the regulation on the salary payment rate (which must be prepared by such companies by virtue of section 16 of the appendix) for a number of these state enterprises and joint stock companies where a significant number of women are employed, together with an indication as to the percentage of men and women paid at the different wage levels.

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

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.