E/C.12/GC/23 and family life.8, 9 Any assessment of fairness should also take into account the position of female workers, particularly where their work and pay has traditionally been undervalued. Where workers have precarious contracts, supplements to the wage, as well as other measures to guard against arbitrariness, may be necessary in the interest of fairness to mitigate the lack of job security. Workers should not have to pay back part of their wages for work already performed and should receive all wages and benefits legally due upon termination of a contract or in the event of the bankruptcy or judicial liquidation of the employer. Employers are prohibited from restricting the freedom of workers to dispose of their remuneration. Prisoners who agree to work should receive a fair wage. For the clear majority of workers, fair wages are above the minimum wage. Wages should be paid in a regular, timely fashion and in full. 3. Equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work 11. Not only should workers receive equal remuneration when they perform the same or similar jobs, but their remuneration should also be equal even when their work is completely different but nonetheless of equal value when assessed by objective criteria. This requirement goes beyond only wages or pay to include other payments or benefits paid directly or indirectly to workers. Although equality between men and women is particularly important in this context and even merits a specific reference in article 7 (a) (i), the Committee reiterates that equality applies to all workers without distinction based on race, ethnicity, nationality, migration or health status, disability, age, sexual orientation, gender identity or any other ground.10 12. The extent to which equality is being achieved requires an ongoing objective evaluation of whether the work is of equal value and whether the remuneration received is equal.11 It should cover a broad selection of functions. Since the focus should be on the “value” of the work, evaluation factors should include skills, responsibilities and effort required by the worker, as well as working conditions. It could be based on a comparison of rates of remuneration across organizations, enterprises and professions. 13. Objective job evaluation is important to avoid indirect discrimination when determining rates of remuneration and comparing the relative value of different jobs. For example, a distinction between full-time and part-time work — such as the payment of bonuses only to full-time employees — might indirectly discriminate against women 8 9 10 11 4 The 2014 ILO Study on Minimum Wage Systems suggests that the notion of a fair wage comprises the notions of a minimum wage and a living wage (the latter more closely related to article 7 (a) (ii) of the Covenant), the notion of a fair wage being broader. In the present general comment, the relationship between wages and the cost of living is understood to fall more clearly as a consideration under article 7 (a) (ii); however, it is also important to emphasize that the notion of a “fair wage” and remuneration for a decent living are interdependent. See art. 2 (2) of the Covenant; and Committee on Economic, Social and Cultural Rights general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights. The ILO Equal Remuneration Convention 1951 (No. 100), article 1 (b), refers to “equal remuneration for work of equal value” as “rates of remuneration established without discrimination on the basis of sex”. The Discrimination (Employment and Occupation) Recommendation, 1958 (No. 111) extends the principle of equal remuneration for work of equal value to other grounds upon which discrimination is prohibited. In making an explicit reference to “without distinction”, article 7 of the Covenant goes beyond Convention No. 100 to protect against discrimination on grounds other than sex.