Equal pay

Explanatory note

Ensuring that the work carried out by men and women is adequately valued and ending wage discrimination are essential for achieving gender equality and constitute fundamental elements of decent work. The principle of equal pay for men and women for work of equal value, as enshrined in the 1951 Equal Remuneration Convention (No. 100), is therefore paramount, especially given that women and men often perform different jobs.

Binding ILO Convention

C100 – Equal Remuneration Convention, 1951 (No. 100)

Legislation: Which are the main legislative sources analysed?

Constitution: general principles and sections relating to work and/or employment.

Labour laws (General Labour Laws, Labour Codes, Labour Relations Laws, etc.)

Equality laws: sections relating to the workplace and/or employment.

Equal pay laws.

Sub-areas and criteria: What do we analyse in this area?

Area	Criteria
Equal pay for women and men	This area has no sub-areas. Indicate whether the Constitution, employment legislation and/or equality laws recognise the principle of equal pay among women and men for work of equal value, in accordance with ILO Convention No. 100, and whether there are provisions that limit its scope to the more restrictive principle of equal pay only for the same work.

Area

Criteria

Equal pay for women and men

This area has no sub-areas.

Indicate whether the Constitution, employment legislation and/or equality laws recognise the principle of equal pay among women and men for work of equal value, in accordance with ILO Convention No. 100, and whether there are provisions that limit its scope to the more restrictive principle of equal pay only for the same work.

Recommendations: What criteria are used for the recommendation?

Criterion	Definition	Binding recommendation
Preserve	Where the principle of equal pay for work of equal value is enshrined in the Political Constitution, as well as, where applicable, in specific legislative provisions that implement this principle.	No further legislative action is required. No recommendation is therefore added.
Expand	Where the principle of equal pay for work of equal value is enshrined in the Constitution and in employment legislation, but there are no specific regulations to implement or give effect to it.	Promote the development of specific regulations to promote equal pay for work of equal value.
Reform	Where it is found that existing regulations need to be amended to ensure that men and women receive equal pay for work of equal value.	Extension of the principle of equal pay for work of equal value (and not just for the same work) as established by ILO Convention No. 100
Eliminate	Where regulatory provisions are identified that are contrary to the principle of equal pay for work of equal value.	Remove any regulations that hinder equal pay for work of equal value between women and men.