Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Kazakhstan (Ratification: 2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 1(b) of the Convention. Legislative framework. Work of equal value. The Committee recalls that the Labour Code of 2007 contains provisions that are narrower than the principle of the Convention. The Committee recalls that section 7(1) prohibits sex discrimination in the exercise of labour rights and section 22(15) provides that the employee shall have the right to “equal payment for equal labour without any discrimination”. The Committee notes that the Government replies that there is no discrimination on any grounds, including sex, in the determination of the amount of a worker’s wage, and it considers that the legislation is in compliance with the Convention. The Committee recalls that prohibiting sex discrimination in labour rights, including wages, is not sufficient to give effect to the Convention, as it does not capture the concept of “work of equal value” (General Survey on the fundamental Conventions, 2012, paragraph 676). The Committee notes further that “equal payments for equal labour without discrimination”, is also insufficient, as it also does not capture the concept of work of equal value. The Committee recalls that the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality. Due to stereotypical attitudes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men, and often “female” jobs are undervalued in comparison with work of equal value performed by men (General Survey, 2012, paragraph 673). The Committee urges the Government to take concrete steps to amend the Labour Code to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, allowing for comparisons not only of similar jobs, but of jobs which are of an entirely different nature. Please provide information in this regard.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.