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employees if a higher percentage of women are part-time workers.12 Similarly, the objective
evaluation of the work must be free from gender bias.
14.
Equal remuneration for work of equal value applies across all sectors. Where the
State has direct influence over rates of remuneration, equality should be achieved in the
public sector as rapidly as possible, ensuring equal remuneration for work of equal value in
the civil service at the central, provincial and local levels, as well as for work under public
contract or in enterprises either fully or partially owned by the State. 13
15.
Remuneration set through collective agreements should be aimed at ensuring
equality for work of equal value. States parties should adopt legislation and other measures
to promote equal remuneration for work of equal value, including in the private sphere, for
example, by encouraging the establishment of a classification of jobs without regard to sex;
fixing time-bound targets for achieving equality, and reporting requirements designed to
assess whether targets have been met; and requiring progressive decreases in the
differentials between rates of remuneration for men and women for work of equal value. 14
States parties should consider the introduction of a wide range of vocational and other
training measures for women, including in non-traditional fields of study and work.
16.
The notion of “conditions of work for women not inferior to those enjoyed by men”
and “equal pay for equal work” mentioned in the second part of article 7 (i) (a) are more
restrictive than the notion of equal remuneration for work of equal value. First, the former
are specifically related to direct discrimination on the basis of sex, while “equal
remuneration for work of equal value” is without distinction on any ground. Second, they
focus on a narrower comparison between the same job or post, normally in the same
enterprise or organization, instead of the broader recognition of remuneration based on the
value of work. Therefore, in the specific situation in which a man and a woman perform the
same or similar functions, both workers must receive the same pay, but this should not
detract from the requirement to take immediate steps towards the broader obligation of
achieving equal remuneration for men and women for work of equal value.
17.
“Conditions of work” in this particular subparagraph include the “conditions”
identified in the work contract that can affect the rate of remuneration, as well as broader
“conditions” referred to in other paragraphs of article 7. Thus, a woman performing work of
equal value to that of a male counterpart should not have fewer contractual protections or
more arduous contractual requirements. This requirement does not prevent women from
enjoying specific conditions of work relating to pregnancy and maternity protection.
4.
Remuneration that provides all workers with a decent living for themselves and their
families
18.
Closely linked to the notions of fairness and equality, “remuneration” must also
provide a “decent living” for workers and their families. While fair wages and equal
remuneration are determined by reference to the work performed by an individual worker,
as well as in comparison with other workers, remuneration that provides a decent living
must be determined by reference to outside factors such as the cost of living and other
prevailing economic and social conditions. Thus, remuneration must be sufficient to enable
the worker and his or her family to enjoy other rights in the Covenant, such as social
security, health care, education and an adequate standard of living, including food, water
and sanitation, housing, clothing and additional expenses such as commuting costs.
12
13
14
See ILO Part-Time Work Convention 1994 (No. 175), art. 5.
Adapted from Equal Remuneration Recommendation, 1951 (No. 90), paras. 1-2.
See ILO Equal Remuneration Recommendation 1951 (No. 90), paras. 4-5.
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