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

Equal Remuneration Convention, 1951 (No. 100) - Georgia (Ratification: 1993)

Articles 1 and 2 of the Convention. Legislation. The Committee has for a number of years been raising concerns regarding the absence of legislation giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that while the Labour Code of 2006 in section 2(3) contains a general prohibition of discrimination in labour relations, and article 14 of the Constitution provides broadly for equality before the law, neither refers specifically to the principle of the Convention. The Committee notes that the Government refers to the adoption on 26 March 2010 of the Law on Gender Equality, providing a broad legal framework for gender equality, including prohibiting direct and indirect discrimination in labour relations (section 6). However, the Committee notes with regret that, once again, the Government did not take the opportunity to include a specific provision giving full expression to the principle of equal remuneration for men and women for work of equal value. The Committee recalls that while general non-discrimination and equality provisions are important, they will not normally be sufficient to give effect to the Convention, as they do not capture the key concept of “work of equal value”. This concept encompasses work that is of an entirely different nature but is nevertheless of equal value. The Committee notes that legal provisions that do not give expression to the concept of “work of equal value” hinder progress in eradicating gender-based pay discrimination. The Committee also notes that pursuant to section 12 of the Law on Gender Equality, the Council for Gender Equality is established, which is mandated to analyse legislation and draft proposals for overcoming gender inequalities. The Committee urges the Government to take concrete steps in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, with a view to ensuring full and effective implementation of the Convention. The Committee asks the Government to provide information in this regard, including any proposals made by the Council for Gender Equality.

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