Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Népal (Ratification: 1976)

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Articles 1(b), 2 and 3 of the Convention. Work of equal value. Concept and application. The Committee recalls that article 18(4) of the Constitution of 2015 and section 18(3) of the National Civil Code of 2017, provide that there shall be no discrimination with regard to remuneration and social security between women and men “for the same work”, which is narrower than the principle of equal remuneration between men and women for work of “equal value” enshrined in the Convention. On the other hand, section 7 of the Labour Act of 2017 provides that there shall be no discrimination with regard to remuneration between men and women “for work of equal value”, which shall be assessed on the basis of the nature of work, time and efforts required, skills and productivity. The Committee notes that, in its report, the Government affirms its awareness of and commitment to the importance of the principle of the Convention. It indicates that the principle is applied to all workers, including those falling outside the scope of protection of the Labour Act, such as civil service servants, army, police and armed forces, by the means of special legislation as well as the establishment of salary scales for government employees at all levels. The Committee notes that no details are provided as to how the application of the principle of equal remuneration between men and women is ensured in the definition of salary scales. The Committee also notes the information provided by the Government about the implementation of various awareness-raising activities on labour welfare, including non-discrimination, for workers, employers and trade unions as well as trainings for enforcement officials, although it is unclear from the information provided whether such activities cover specifically the principle of the Convention. It also notes the Government’s indication that the labour inspectors did not report any cases of gender discrimination in remuneration during the fiscal year 2022–23. The Committee furthermore notes the Government’s indication that during one of the meetings of the tripartite committee on minimum wage fixation the issue of objective job evaluation methods was discussed and it was recommended that the Government should develop and apply objective job evaluation criteria.

The Committee underscores that a clear understanding of the concept of “work of equal value” is essential to ensuring the full application of the Convention and refers the Government to its 2006 general observation on the subject. In this respect, it also wishes to emphasize the importance of ensuring consistency in legislative provisions providing for equal remuneration in order to ensure full application of the Convention, including its coherent monitoring by the competent authorities. It recalls that “value”, in the context of the Convention, refers to the worth of a job for the purpose of computing remuneration. While Article 1 indicates what cannot be considered in determining rates of remuneration, Article 3 presupposes the use of appropriate techniques for objective job evaluation to determine value, comparing factors such as skill, effort, responsibilities and working conditions. Comparing the relative value of jobs in occupations which may involve different types of skills, responsibilities or working conditions, but which are nevertheless of equal value overall, is essential in order to eliminate pay discrimination resulting from the failure to recognize the value of work performed by women and men free from gender bias (see 2012 General Survey on the fundamental Conventions, paragraph 674). The Committee encourages the Government to consider taking steps to harmonize its legislation with a view to removing any inconsistency in giving full expression to the principle of equal remuneration between men and women for work of equal value. It also strongly recommends that the Government makes every effort to promote the public understanding of the principle of the Convention, undertaking specific awareness-raising and capacity-building activities on the principle of the Convention for workers, employers and their organizations and enforcement officials, and asks the Government to provide information on the measures taken in this regard in cooperation with the social partners. The Committee furthermore requests the Government to specify the special legislation and the provisions therein that guarantee equal remuneration between men and women for work of equal value with respect to the workers excluded from the scope of the Labour Act of 2017 as well as the measures adopted to ensure that the principle of the Convention is applied when setting salary scales for government employees. Please also provide information on: (i) any progress made in developing, promoting and implementing objective job evaluation methods in the public and private sectors;(ii) any trainings for inspectors on how to investigate and assess the presence of gender discrimination in remuneration; and (iii) any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted, and in particular on any cases involving the application of section 7 of the Labour Act of 2017. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance with regard to the issues raised above.

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