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

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

Articles 2(b) and 3 of the Convention. Minimum wages. Determination of remuneration and objective job evaluation. Recalling that minimum monthly wages are established according to the category of workers (unskilled, semi skilled, skilled and highly skilled), the Committee notes the Government’s indication that workers are assigned to the different skill levels by the employer. In its previous comments, the Committee noted from the Government’s indication that work was being compared and measured, inter alia, “in terms of occupational categories” and “weight or physical effort”. It expressed concern that assigning wage levels according to occupational categories, without an analysis of the content of the occupations concerned on the basis of objective and non-discriminatory criteria, may lead to discriminatory undervaluation of occupations traditionally dominated by women. Referring to its 2006 general observation on the concept of work of equal value, the Committee noted further that the same may occur when physical effort is taken into account, while psychological and mental effort or manual dexterity are not being considered sufficiently. The Committee encourages the Government to take measures to raise awareness among employers and workers and their organizations of the principle of equal remuneration for men and women for work of equal value with a view to ensuring that this principle is taken into account when assigning workers to a category and that the criteria used are free from gender bias and do not reflect stereotypes and assumptions regarding the capabilities and suitability of women for certain jobs. The Committee reiterates its request for information on the number of women and men that are employed in the different wage categories.

Article 2(c). Collective agreements. In the absence of a reply on this point, the Committee reiterates its request for examples of collective agreements recently concluded, if any, that determine remuneration for men and women workers covered by the agreement.

Enforcement. The Committee notes the Government’s statement regarding the difficulty of enforcing the provisions of the Convention, since the majority of workers are employed in the informal economy. It also notes the Government’s indication that it is strengthening the labour offices which are the competent enforcement authorities. The Committee asks the Government to provide information on the measures taken to reinforce the capacity of labour offices to address cases of discrimination with respect to remuneration and the impact thereof in terms of inspection carried out and violations identified in the field of discrimination in remuneration.

Statistical information. Noting once again that no statistical information regarding remuneration, disaggregated by sex, has been supplied, the Committee encourages the Government to take the necessary steps to start collecting such data and to provide any information available on the levels of remuneration of men and women in the various sectors of the economy. Please also provide any available estimates of the gender pay gap.