Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

Article 1 of the Convention. Legislation. Equal remuneration for work of equal value. The Committee notes the amendments of 24 June 2010 to the Labour Code, and the Government’s indication that the Law on Remuneration of 2001 has been repealed. In response to the Committee’s previous comments regarding uncertainty in the meaning of the concepts of “salary”, “wage”, “remuneration” and “payments”, the Government indicates that the terms “payments for work” are defined by the concept of “wage” which according to the Government, fully corresponds to Article 1(a) of the Convention. The Government also indicates that although the Labour Code does not enumerate in an exhaustive manner what is included in the term “wage”, various public services define the elements included in “wages” in their specific legislation. The Committee also notes that in the amendments to the Labour Code, “salary” is defined as being “remuneration paid to the worker against the performed work defined by the law, other legal acts of the labour contract” (section 178). The Committee notes that no amendments have been made to section 172 of the Labour Code and therefore recalls its previous comments in which it noted that section 172(2) of the Labour Code, providing for equal pay for the same or equivalent work between men and women did not reflect fully the principle of “work of equal value” which also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. The Committee asks the Government to take the necessary steps to include a clear definition of remuneration in the Labour Code, particularly ensuring that it includes any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment as provided in Article 1(a) of the Convention. The Committee also asks the Government to take steps in order to include a provision in legislation specifically providing for equal remuneration for men and women for work of equal value, thus allowing for comparisons beyond the same or similar work.

The Committee is also raising other points in a request addressed directly to the Government.