Article 22 reporting form: Convention No. 100

Appl. 22.100
100. Equal Remuneration, 1951

INTERNATIONAL LABOUR OFFICE

REPORT FORM

FOR THE

EQUAL REMUNERATION CONVENTION, 1951 (No. 100)

The present report form is for the use of countries which have ratified the Convention. It has been approved by the Governing Body of the International Labour Office, in accordance with article 22 of the ILO Constitution, which reads as follows: "Each of the Members agrees to make an annual report to the International Labour Office on the measures which it has taken to give effect to the provisions of Conventions to which it is a party. These reports shall be made in such form and shall contain such particulars as the Governing Body may request."

The Government may deem it useful to consult the appended text of the Equal Remuneration Recommendation, 1951 (No. 90), the provisions of which supplement the present Convention and can contribute to a better understanding of its requirements and facilitate its application.

PRACTICAL GUIDANCE FOR DRAWING UP REPORTS

If this is your Government's first report following the entry into force of the Convention in your country, full information should be given on each of the provisions of the Convention and on each of the questions set out in the report form.

In subsequent reports, information need normally be given only on the following points:

(a)   any new legislative or other measures affecting the application of the Convention;

(b)  replies to the questions in the report form on the practical application of the Convention (for example, statistics, results of inspections, judicial or administrative decisions) and on the communication of copies of the report to the representative organizations of employers and workers and on any observations received from these organizations;

(c)   replies to comments by supervisory bodies: the report must contain replies to any comments regarding the application of the Convention in your country which may have been adressed to your Government or by the Committee of Experts on the Application of Conventions and Recommendations.

Article 22 of the Constitution of the ILO

Report for the period ..... to ..... made by the Government of .....

on the

EQUAL REMUNERATION CONVENTION, 1951

ratification of which was registered on .....

I.   Please give a list of the legislation and administrative regulations, the decisions of legally established or recognised bodies or, if the principle of the Convention is applied according to paragraph 2(c) of Article 2, the collective agreements which apply the provisions of the Convention. Where this has not already been done, please forward copies of the said legislation and regulations to the International Labour Office with this report, together with any available copies of the decisions of legally established or recognised bodies and of existing collective agreements.

Please give any available information concerning the extent to which these laws and regulations have been enacted or modified to permit of, or as a result of, ratification.

II.  Please indicate in detail for each of the following Articles of the Convention the provisions of the legislation and administrative regulations or any other measures, in particular the decisions of legally established or recognised bodies and the provisions of collective agreements relating to the application of each of these Articles. In addition, please provide any indication specifically requested below under individual Articles.

If in your country the ratification of the Convention gives the force of national law to its provisions please indicate the constitutional texts from which this effect is derived. Please specify also any measures which have been taken to give effect to those provisions of the Convention which require the intervention of the national authorities, such as measures designed to promote or to ensure the application of the principle of equal remuneration for men and women workers for work of equal value, and measures designed to promote the objective appraisal of jobs on the basis of the work to be performed and the co-operation of the employers' and workers' organisations concerned.

If the Committee of Experts or the Conference Committee on the Application of Conventions and Recommendations has requested additional information or has made an observation on the measures adopted to apply the Convention, please supply the information asked for or indicate the action taken by your Government to settle the points in question.

Article 1

For the purpose of this Convention-

(a)   the term "remuneration" includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment;

(b)   the term "equal remuneration for men and women workers for work of equal value" refers to rates of remuneration established without discrimination based on sex.

Article 2

1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

2. This principle may be applied by means of-

(a)   national laws or regulations;

(b) legally established or recognised machinery for wage determination;

(c)   collective agreements between employers and workers; or

(d)   a combination of these various means.

Please supply general information on the methods in operation for determining rates of remuneration and the manner in which the application of the principles of equal remuneration is promoted and ensured and, in the latter case, indicate whether the principle is applied to all workers.

Please give a brief account of the progress made in the application of the principle.

Article 3

1. Where such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.

2. The methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the parties thereto.

3. Differential rates between workers which correspond, without regard to sex, to differences, as determined by such objective appraisal, in the work to be performed shall not be considered as being contrary to the principle of equal remuneration for men and women workers for work of equal value.

Please indicate what methods, if any, have been adopted to promote an objective appraisal of jobs on the basis of the work to be performed.

Please indicate what progress has been made in reducing the differential between wage rates for men and women workers, in particular in cases where legally established or recognised bodies are responsible for determining wage rates.

Article 4

Each Member shall co-operate as appropriate with the employers' and workers' organisations concerned for the purpose of giving effect to the provisions of this Convention.

Please indicate the methods of co-operation with the employers' and workers' organisations concerned.

Article 7

1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 2 of article 35 of the Constitution of the International Labour Organisation shall indicate-

(a)   the territories in respect of which the Member concerned undertakes that the provisions of the Convention shall be applied without modification;

(b)   the territories in respect of which it undertakes that the provisions of the Convention shall be applied subject to modifications, together with details of the said modifications;

(c)   the territories in respect of which the Convention is inapplicable and in such cases the grounds on which it is inapplicable;

(d)   the territories in respect of which it reserves its decisions pending further consideration of the position.

2. The undertakings referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall be deemed to be an integral part of the ratification and shall have the force of ratification.

3. Any Member may at any time by a subsequent declaration cancel in whole or in part any reservation made in its original declaration in virtue of subparagraph (b), (c), or (d) of paragraph 1 of this Article.

4. Any Member may, at any time at which the Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of such territories as it may specify.

Article 8

1. Declarations communicated to the Director-General of the International Labour Office in accordance with paragraph 4 or 5 of article 35 of the Constitution of the International Labour Organisation shall indicate whether the provisions of the Convention will be applied in the territory concerned without modification or subject to modifications; when the declaration indicates that the provisions of the Convention will be applied subject to modifications, it shall give details of the said modifications.

2. The Member, Members or international authority concerned may at any time by a subsequent declaration renounce in whole or in part the right to have recourse to any modification indicated in any former declaration.

3. The Member, Members or international authority concerned may, at any time at which this Convention is subject to denunciation in accordance with the provisions of Article 9, communicate to the Director-General a declaration modifying in any other respect the terms of any former declaration and stating the present position in respect of the application of the Convention.

III. Please state to what authority or authorities the application of the above-mentioned legislation and administrative regulations, etc., is entrusted and by what methods application is supervised and ensured.

IV. Please state whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

V. Please give a general appreciation of the manner in which the Convention is applied, including, for instance, extracts from official reports, information concerning the number and nature of the contraventions reported and any other bearing on the practical application of the Convention.

VI. Please indicate the representative organisations of employers and workers to which copies of the present report have been communicated in accordance with article 23, paragraph 2, of the Constitution of the International Labour Organisation.¹ If copies of the report have not been communicated to representative organisations of employers and/or workers, or if they have been communicated to bodies other than such organisations, please supply information on any particular circumstances existing in your country which explain the procedure followed.

Please indicate whether you have received from the organisations of employers or workers concerned any observations, either of a general kind or in connection with the present or the previous report, regarding the practical application of the provisions of the Convention or the application of the legislation or other measures implementing the Convention. If so, please communicate a summary of the observations received, together with any comments that you consider useful.

¹Article 23, paragraph 2, of the Constitution reads as follows: "Each Member shall communicate to the representative organisations recognised for the purpose of article 3 copies of the information and reports communicated to the Director-General in pursuance of articles 19 and 22."

ANNEX

EQUAL REMUNERATION RECOMMENDATION, 1951 (No. 90)