Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. Equal remuneration for work of equal value. The Committee recalls that section 11 of the Labour Rules, 1993, 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. The Committee remains concerned that section 11 does not appear to allow a comparison of work done by men and women which is different in nature. Under the Convention, it must be possible to compare remuneration received by men and women who are doing work which is of a different nature but nevertheless of equal value. The Committee urges the Government to ensure the compliance of national legislation with the Convention in the context of the labour legislation review process mentioned in its report under Convention No. 111.

2. Wage-fixing machinery. The Committee notes that, in 2004, a permanent wage-fixing committee for the formal organized sector, tea plantations and agriculture was established. The Government is requested to provide information on the functioning of this committee, including information on how it takes the principle of equal remuneration for men and women for work of equal value into account in its work.

3. Objective job appraisal. The Committee notes the Government’s statement that no specific method had been developed to compare and measure work with a view to determining remuneration. Since one of the root causes of the gender pay gap is the undervaluing of work done by women, the Committee encourages the Government to consider ways and means to promote methods for objective appraisals of jobs on the basis of the content of the work performed. Promoting such methods assists in overcoming wage inequalities that are caused by gender-biased determination of wages based on who is performing the job rather than on objective criteria related to the job content, such as skills, efforts, responsibility and working conditions. The Government is requested to supply information on any measures taken or envisaged in this regard.

4. Enforcement. The Committee recalls that the labour offices, the labour courts and the district administration offices are responsible for enforcing wage legislation and minimum wages. According to the Government’s report, cases of discrimination in respect of wages are rare in the formal economy and in tea plantations, while enforcement problems existed in the informal economy due to the limited inspection and enforcement capacity of the labour offices. In this regard the Committee asks the Government to indicate the concrete measures taken by the competent authorities to address cases of discrimination on the basis of sex in respect of wages and any other employment-related allowances or benefits in the formal economy and in tea plantations. Please indicate the number, nature and outcome of such cases addressed by the authorities. In addition, the Committee asks the Government to describe the efforts made to strengthen the enforcement of minimum wages in the informal economy, including agriculture.

5. Statistical information. Assessment of the gender wage gap. The Committee notes that the Government’s report does not contain any statistical information regarding remuneration, disaggregated by sex. The Committee therefore reiterates its request to the Government to provide with its next report any statistical data available relating to the remuneration rates of men and women, if possible according to sector and level of employment.