Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Equal Remuneration Convention, 1951 (No. 100) - Mongolia (Ratification: 1969)

1. The Committee notes that the new Labour Code, adopted in 1991, prohibits any direct or indirect discrimination, exclusion or preference in labour relations on account of, inter alia, sex (section 5) and provides that workers shall be granted wages according to their work results which shall be calculated on the basis of piecework or hourly rates, or by some other manner (section 37(4)). The Committee also notes from the report that the Public Service Act, adopted in 1995, provides for equal remuneration to be granted to the same positions in the public service. The Committee observes that the principle of equal remuneration for men and women workers is not included in the Labour Code and appears not to have been included in the Public Service Act, whereas the previous Labour Code of 1973 which called for equal pay for equal work, irrespective of sex, age, race or nationality did address the issue of equal pay between the sexes, even though its formulation was narrower than that specified under the Convention. As the objective of the Convention is to eliminate wage discrimination against women through the application of the principle of equal remuneration for work of equal value, it is important that the means taken nationally to apply the Convention give expression to this principle. Despite the Government's statement that the ideas of the Convention are reflected in the 1991 Labour Code and in the 1995 Public Service Act, the Committee nevertheless recommends that the Government consider enshrining explicitly in legislation the principle of equal remuneration for men and women workers for work of equal value. The Committee recalls to the Government the possibility of obtaining assistance from the International Labour Office in this regard. Please also furnish a copy of the 1995 Public Service Act.

2. The Committee notes from the report that public servants (and employees of organizations paid from the state budget) receive wages in accordance with their designation, which is determined on the basis of the complexity of the work, responsibility, skill requirement and education. The Committee also notes that according to the terms of the appendix to resolution No. 90 of 1995 entitled "Common Procedure" (which applies to employees of state enterprises and joint stock companies with predominant state interests), basic differential rates are to be established on the basis of the minimum salary adopted for these economic entities according to the occupational position, responsibilities as outlined in the job description and the work hardship. According to this document, employees with similar duties shall be awarded the same basic rate of pay but their salaries may be distinguished by record of service, work experience, performance and output. The Committee requests the Government to furnish copies of the regulation on the salary payment rate (which must be prepared by such companies by virtue of section 16 of the appendix) for a number of these state enterprises and joint stock companies where a significant number of women are employed, together with an indication as to the percentage of men and women paid at the different wage levels.