Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Mongolie (Ratification: 1969)

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.