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

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

1. In its previous comments, the Committee expressed concern about wage discrimination between men and women, especially in the organized tea plantations. The Government stated that the principle of equal remuneration was applied in such a manner that its infringement was penalized, but that certain immunities had 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 reiterated that the Convention enshrines a fundamental human right that applies to all workers in the economy without exception. While acknowledging the need for governments to award incentives to newly emerging industries, the Committee stressed that any such initiatives must be free of discrimination.

2. In its report, the Government states that wage differences between men and women do exist, especially in the organized tea plantations and that the exemptions, which are a temporary arrangement, have taken into consideration the national customary practices and prevailing wage differences in tea plantations, so as not to discourage women's employment in this sector. The Government states that it is committed to ensuring to all workers covered by labour laws the fundamental human rights conferred on citizens by the Constitution, in line with the spirit of the Convention. The Government also points out that it has constituted very recently a tripartite central Labour Advisory Board, which will review all the present inconsistencies, flaws and anomalies in the labour and related fields to keep them abreast of the letter and spirit of the national Constitution and of ratified ILO Conventions. The Government gives its assurance that no immunities or incentives will be given to employers that either jeopardize the constitutional provisions or violate basic human rights and the requirements of Conventions. The Government considers, however, that it should be given some flexibility to implement the Convention in a realistic way, taking into consideration the peculiarities of the socio-economic and customary practices that do not violate the basic principle of the Convention.

3. The Committee must repeat once again that any scheme which denies women the fundamental human right of equal pay is not in conformity with the basic principle of the Convention. In this case, it also does not appear to be in conformity with the national constitutional and other legal provisions. The Government's statement that such a scheme is in line with national customary practices and prevailing wage differences in tea plantations increases the Committee's concern over the application of the Convention, as it would appear that the exemption in question was granted in order to legitimise an existing practice that already contravened national legislation and the Convention. This also raises questions about the intended duration of the exemption. Accordingly, the Committee urges the Government to remove forthwith the exemption from equal pay for women workers granted to employers in tea plantations and in any other industry in which similar exemptions have been made. If it is considered that measures need to be adopted both to encourage the development of tea plantations and to encourage women's employment in that sector, the Committee suggests that the Government explore - perhaps in a meeting of the central Labour Advisory Board - the introduction of a range of non-discriminatory measures, such as granting special tax relief to employers in the industry.

4. 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 the equal pay principle than that required by the Convention. The Committee pointed out that the principle of the Convention is intended 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 Committee pointed out that 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 various aspects of men's and women's work.

5. In its report, the Government expresses its need for technical assistance to determine the wage structure in a rational and pragmatic way. It also indicates its hope to introduce a system for the objective appraisal of jobs and reiterates its request for ILO assistance in this regard. The Committee once again expresses the hope that the Government will examine the recommendations already 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. It will also ask the responsible services in the Office to discuss with the Government any further assistance that might be useful.

[The Government is asked to supply full particulars to the Conference at its 85th Session.]