Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Articles 1 and 2 of the Convention. Work of equal value. Legislative developments. For a number of years, the Committee has been drawing the Government’s attention to the fact that article 13(4) of the interim Constitution and Rule No. 11 of the Labour Regulations, 1993, were narrower than the principle of the Convention, as they did not encompass the concept of “work of equal value”. The Committee notes that, despite its recommendations, article 18(4) of the new Constitution of 2015 and section 18(3) of the new National Civil Code of 2017, which entered into force on 17 August 2018, both merely reproduce the previous provision of the interim Constitution providing that there shall be no discrimination with regard to remuneration and social security between men and women “for the same work”. It takes also note of the adoption of the new Labour Act of 2017 and Labour Regulations of 2018, which apply to all entities in both the formal and informal sectors, including domestic workers, but excludes the civil service, Nepal army, police and armed forces, entities incorporated under other prevailing laws or situated in “special economic zones” (to the extent separate provisions are provided), as well as working journalists (unless specifically provided in the contract) (section 180). The Committee, however, notes with interest that section 7 of the Labour Act provides that there shall be no discrimination with regard to remuneration between men and women “for work of equal value”, which shall be assessed on the basis of the nature of work, time and efforts required, skills and productivity. It further notes the adoption of the Decent Work Country Programme (DWCP) for 2018–22 which sets as a specific outcome the fact that “tripartite constituents have enforced the new Labour Act of 2017 and Labour Regulations of 2018”, and defined as indicator “an increased number of workers benefiting from the provisions of the Labour Act”, as it is estimated that only 5 per cent of workers currently benefit from such provisions. Noting the Government’s statement, in its report, that the Labour Act which provides for equal remuneration for “work of equal value” is exactly in line with the Constitution which refers to equal remuneration for the “same work”, the Committee wishes to draw attention to the fact that the concept of “work of equal value”, which is fundamental to tackling occupational gender segregation in the labour market, permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee notes that the Government solicits ILO technical assistance to ensure the full implementation of the new Labour Act, in particular concerning the assessment of work of different nature which are nevertheless of equal value. Welcoming the adoption of the new Labour Act of 2017 and Labour Regulations of 2018, the Committee asks the Government to provide information on the application of section 7 of the Labour Act in practice, indicating how the term “work of equal value” has been interpreted on the basis of the criteria enumerated in the Labour Act, including by providing information on any cases of pay inequality dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies granted. In light of article 18(4) of the new Constitution of 2015 and section 18(3) of the new National Civil Code of 2017 which are narrower than the principle of the Convention, it asks the Government to provide information on the measures taken to ensure that: (i) discrepancies between recently adopted legislations do not undermine the protection granted under the Labour Act; and (ii) the principle of the Convention is applied to all workers, including those excluded from the scope of application of the Labour Act, such as for example civil servants and members of the Nepal police, army and armed forces. The Committee asks the Government to provide information on the measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value and the relevant provisions of the Labour Act of 2017 and Labour Regulations of 2018, in particular in the framework of the Decent Work Country Programme for 2018–22, among workers, employers and their representative organizations, as well as among law enforcement officials, and of the remedies and procedures available, including detailed information on the contents of the training provided and awareness-raising activities undertaken to that end. The Committee reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

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