Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Nepal (Ratification: 1976)

The Committee notes the information supplied by the Government in its two reports in reply to the Committee's previous comments.

1. It notes with interest the information contained in the booklet sent by the Government concerning the introduction of skill standards, testing and certification in Nepal, with the assistance of the ILO. The Committee notes that these skill standards are established by committees of experts for several occupational branches composed, among others, of employers' and workers' representatives. It requests the Government to continue supplying information on any developments in this respect.

2. The Committee recalls that, by virtue of section 60(b) of the Factories and Factory Workers' Act 1959, the Government can extend the scope of the Act to workers from other sectors through notification in the Nepal Gazette. It notes that two bills are currently being drafted to extend the scope of the 1959 Act to tea plantation workers and workers in transport enterprises. It also notes that agricultural workers will be subject to a special law that is now being adopted, since the 1959 Act cannot be applied to them. The Committee requests the Government to supply a copy of the texts concerning tea plantation workers and workers in transport enterprises once they have been adopted, and a copy of the text applying specifically to agricultural workers. The Committee also requests the Government to supply information concerning any extension of the scope of the 1959 Act to other sectors.

3. The Committee noted previously that, in addition to the legal minimum wage to which workers in enterprises are entitled, employers provide increments and other monetary facilities on the basis of the personal qualities and capabilities of the workers. It requested the Government to indicate the measures ensuring that effect is given to the principle of equal remuneration in respect of wages that are higher than the legal minimum. The Government indicated in its report that wages that are higher than the minimum levels are paid on the basis of the effectiveness of the workers and the financial situation of the enterprise. The Committee therefore requests the Government to indicate how the application of the principle of equal pay for work of equal value is ensured in such cases.

4. As regards the report, the Committee notes that the labour inspection services are responsible for supervising the implementation of labour legislation. It requests the Government to indicate whether violations of the principle set out in the Convention have been penalised by the labour inspection services.