Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Equal Remuneration Convention, 1951 (No. 100) - Afghanistan (Ratification: 1969)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Legislative developments. The Committee notes that section 8 of the new Labour Code, submitted to the National Assembly for approval in April 2007, provides that workers have the right to work and to receive remuneration, and that workers are entitled to receive wages and salaries on the basis of the quality and quantity of the work and in accordance with their grade, rank and post. Section 93 envisages the establishment of job descriptions. Section 9(1) prohibits discrimination in respect of salaries and allowances. Discrimination in the payment of wages is prohibited under section 59(4). While the Committee notes that these provisions may provide some protection from discrimination based on sex with respect to remuneration, they do not fully apply the principle of the Convention. Recalling the 2006 general observation stressing the importance of giving full legislative expression to the principle of the Convention, the Committee asks the Government to consider including a provision explicitly providing for the right of men and women to receive equal remuneration for work of equal value, and to indicate in its next report any progress made in this regard.

The Committee recalls that Article 1(a) of the Convention defines the term “remuneration” in the broadest possible terms. Accordingly, the principle of equal remuneration for men and women for work of equal value has to be applied to all aspects of remuneration. Noting that sections 8, 9 and 59(4) of the new Labour Code appear to prohibit discrimination in respect of salaries, wages, and allowances, the Committee asks the Government to indicate how the Convention’s principle is applied with respect to other elements of remuneration, such as “salary supplements” mentioned in section 3, or any other emoluments, whether in cash or in kind.

With regard to the determination of remuneration, the Committee notes section 62 of the Labour Code which provides that the amount and conditions of payment of wages for government employees and employees of certain mixed enterprises are determined by the Government, while they are to be determined through mutual agreement in the private sector. The Committee asks the Government to provide information on the progress made in establishing the remuneration for public sector employees and to indicate the methods used to ensure that salary scales are established in accordance with the principle of equal remuneration for men and women for work of equal value.

Cooperation with employers’ and workers’ organizations. The Committee recalls that employers’ and workers’ organizations play an important role with regard to the full application of the Convention. The Committee asks the Government to indicate any initiatives or measures taken, in cooperation with employers’ and workers’ organizations, to ensure the application in practice of the principle of equal remuneration for men and women for work of equal value.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.