Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Articles 1 and 2 of the Convention. Work of equal value. The Committee recalls that section 49(2) of the Labour Code and section 11(2), (3) and (4) of the Law on the Promotion of Gender Equality (LPGE) only refer to equal work and do not give expression to the concept of “work of equal value”, in accordance with the Convention. The Committee notes that a new draft Labour Law is currently under elaboration. The Committee emphasizes the importance of ensuring that the law provides for the principle of equal remuneration for men and women for work of equal value, which goes beyond equal remuneration for “equal”, the “same” or “similar” work. The Committee also recalls that the Convention sets out a very broad definition of “remuneration” which includes not only “the ordinary, basic or minimum wage or salary”, but also any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind arising out of the worker’s employment (see General Survey on the fundamental Conventions, 2012, paragraphs 673 and 686). The Committee asks the Government to ensure that the new Labour Law takes fully into account the principle of equal remuneration between men and women workers for work of equal value, not only with respect to the basic salary, but also with regard to additional emoluments, as provided for in Article 1(a) and (b) of the Convention. The Committee asks the Government to provide a copy of the law once it has been adopted and draws its attention to the possibility of availing itself of the technical assistance of the Office for the implementation of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.