Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Arménie (Ratification: 1994)

Article 1 of the Convention. Legislation. Equal remuneration for work of equal value. The Committee recalls that in its previous comments it pointed out that different terms, such as “wage”, “remuneration”, “pay” and “salary” were used throughout section 178 of the Labour Code concerning wages. The Committee notes that section 178(3) provides that “‘wage’ shall comprise the basic salary and all additional payments paid by the employer to the employee in any way for the work performed”, and that it appears to be in line with the definition of “remuneration” provided in Article 1(a) of the Convention. The Committee understands from the Government’s indication that “additional payments”, such as bonuses and incentives, are paid for work in particular working conditions or depend on the professional qualifications of the worker. The Committee recalls however that section 178(2) of the Labour Code, which provides for “equal pay for the same or equivalent work” between men and women, does not reflect fully the principle of equal remuneration for men and women for work of equal value. It recalls that, due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. The concept of “work of equal value” is fundamental to tackling this occupational sex segregation in the labour market because it permits a broad scope of comparison, going beyond the “same” or “equivalent” work, and also encompassing jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on the fundamental Conventions, 2012, paragraphs 672–675). The Committee asks the Government to confirm that section 178(2) of the Labour Code which provides for “equal pay for the same or equivalent work” applies to both basic salary and additional payments, as defined by section 178(3). Moreover, noting that section 178(2) of the Labour Code contains provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to take steps to amend this section in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard.

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