Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Wage fixing. The Committee recalls that minimum monthly wages are established according to the category of workers (unskilled, semi-skilled, skilled and highly skilled), and that it appears that skills considered “female” are not being acknowledged in the process of defining the categories and establishing the wage levels. Regarding its previous request for information on the number of men and women employed in the different wage categories, the Committee notes the Government’s brief statement that the minimum wage is applied uniformly to men and women alike. The Government also indicates that in 2011 the minimum wage in the agricultural sector was adjusted to 221 Nepalese rupees (NPR) per day or NPR27.61 per hour. In August 2013, the minimum wage in the tea estate sector was raised to NPR201 per day or NPR5,618 per month, and as of June 2013 workers in the industrial sector have received NPR5,100 per month or NPR318 per day, plus NPR2,900 in “dearness” allowances. The Committee asks the Government to take measures to ensure that in the process of categorizing workers as “unskilled”, “semi-skilled”, “skilled” and “highly-skilled”, certain skills considered to be “female” are not undervalued. It also asks the Government to provide specific information on how it is ensured in determining minimum wages for the different sectors that the rates are fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued. The Committee also reiterates its request for information on the number of men and women that are employed in the different wage categories and in the different sectors.

Monitoring and enforcement. The Government indicates that among the 668 inspections made by the Department of Labour last year, no cases of remuneration discrimination were detected, and there have been no court or tribunal decisions relevant to the principle of the Convention. The Committee recalls that the absence of cases or complaints could indicate a lack of an appropriate legal framework, lack of confidence in, or absence of, practical access to procedures, or fear of reprisals (General survey on fundamental Conventions, 2012, paragraph 871). It also recalls the Government’s previous indication that it was taking steps to strengthen the labour offices. The Committee asks the Government to provide information on measures adopted or envisaged to raise awareness of the principle of equal remuneration for men and women for work of equal value and the available procedures, among workers, employers and their organizations, as well as to enhance the capacity of judges, labour inspectors and other officials to identify and address unequal remuneration.

Statistics. The Committee once again requests the Government to provide sex disaggregated data regarding remuneration in various sectors of the economy. The Government is also asked to provide information on the gender pay gap, including any studies or estimates.