Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

1. In previous observations, the Committee has sought information on the means by which the principle of equal remuneration for work of equal value is applied in situations where women and men carry out different work noting, in this connection, that article 11(5) of the 1990 Constitution proscribes discrimination between men and women in regard to remuneration only "for the same work". Section 11 of the 1993 Labour Rules - which provides that "in the event that male or female workers or employees are engaged in work of the same nature in an establishment, they shall be paid equal remuneration without any discrimination" - is also a narrower formulation of equal pay than that required by the Convention. The Committee had also noted the concern expressed by the United Nations Human Rights Committee over discrimination against women in a number of respects, including wages (UN document CCPR/C/79/Add.42, 4 November 1994).

2. The Government states, in its report, that it is neither the spirit of the Constitution nor of the Convention that unequals are to be treated equally and that when and where the work differs, it is natural that there be differences in remuneration. As the Committee has pointed out on numerous occasions, the principle of the Convention is intended precisely to cover not only those cases where men and women undertake the same or similar work, but also the more usual situation where they carry out different work. In order to determine pay structures, the requirements of the different work carried out by men and women should be evaluated in a gender-neutral manner on the basis of objective criteria, that take adequate account of the aspects of men's and women's work. On this question of job evaluation, the Committee hopes that the Government will examine the recommendations contained in the report of an ILO mission to advise on wage fixing and equal pay (presented to the Government in 1993) and that the Government's next report on this Convention will contain information on any measures taken towards their implementation.

3. Referring to earlier comments about wage discrimination between men and women, especially in the organized tea plantations, the Government states that the principle of equal remuneration is applied in such a manner that its infringement is penalized, but that certain immunities have been granted exceptionally to employers in tea estates in order both to provide incentives to that industry - which is in an infant stage of development - and to enhance the employment opportunities of female workers. The Committee understands this to mean that the Government has taken action to exclude women workers in tea plantations from the guarantees accorded by both the Convention and the national Constitution. The Committee requests the Government to provide copies of the legal instrument granting such an exemption to employers in tea gardens. Please also indicate whether similar exemptions have been granted to employers in other industries. The Committee wishes to emphasize that the Convention, which enshrines a fundamental human right, applies to all workers in the economy and that no exceptions are permitted. While appreciating the necessity for awarding incentives to newly-emerging industries, the Committee stresses the need to ensure that any such initiatives be free of discrimination. The Committee trusts that the Government will report, in full, on the measures taken to ensure the application of the Convention to women workers in tea gardens, and in any other industry exempted from the guarantee of the Convention, in its next report.