Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Egypt (Ratification: 1960)

Article 1 of the Convention. Work of equal value. Legislation. In its previous observation, the Committee emphasized once again that the equal remuneration provisions of Labour Law No. 12 of 2003 did not fully reflect the principle of equal remuneration for men and women for work of equal value as laid down in the Convention. The Committee therefore urged the Government to take appropriate measures to amend the provisions of the Labour Law so as to provide not only for equal remuneration for men and women for equal, the same or similar work but also to address situations where men and women perform different jobs, using different skills and involving different working conditions, but which are nevertheless jobs of equal value. In its reply, the Government reiterates its position that sections 35 and 88 of the Labour Law give full effect to the Convention. The Committee recalls that section 35 prohibits discrimination in wages based on, among other grounds, sex. While such a prohibition is a complementary aspect of equal remuneration for work of equal value, it is not in itself sufficient to give effect to the Convention, as it does not give effect to the principle of “work of equal value” (General Survey on fundamental Conventions, 2012, paragraph 676). The Committee notes further that section 88 is a general non-discrimination clause applying specifically to women workers where their working conditions are similar (or analogous). Neither section 35 nor section 88 refer specifically to “work of equal value”. The Government considers that the phrase “work that is similar” is equivalent to the phrase “work of equal value”. However, the Committee recalls that “work of equal value”, while including comparisons between jobs involving similar or analogous work, also encompasses comparisons between jobs that are entirely different in nature, but which are nevertheless of equal value.

The Committee notes, however, that pursuant to Ministerial Order No. 60 of 2011, a committee has been established to review the provisions of Labour Law No. 12 of 2003 and its amendments with a view to bringing the labour legislation into line with international labour standards. The Committee also notes that preliminary steps have been taken with a view to the adoption of an Act specifically addressing gender equality. The Committee urges the Government to take the opportunity presented by this review of the Labour Law and by the drafting of an Act on gender equality to ensure that full legislative expression is given to the principle of equal remuneration for men and women for work of equal value. The Committee also asks the Government to provide information on the status of the work of the committee reviewing the Labour Law and regarding the drafting and adoption of an Act on gender equality.

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