Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Equal Remuneration Convention, 1951 (No. 100) - Armenia (Ratification: 1994)

Article 1 of the Convention. Work of equal value. Legislation. In its previous comments, the Committee asked the Government to amend section 178(2) of the Labour Code of 2004, which provides for “equal pay for the same or equivalent work”, in order to give full legislative expression to the principle of the Convention, and to confirm that it applies to both basic salary and additional payments. The Committee welcomes that, pursuant to the amendment of the Labour Code in 2014, section 178(3) now states that “the salary shall comprise the basic salary and all additional salary paid by the employer to the employee for the performed work”. However, the Committee notes that section 178(2) still only provides for “equal pay for the same or equivalent work”. The Committee further notes the adoption on 20 May 2013 of Law No. HO-57-N on ensuring the equal rights of and equal opportunities for women and men, prohibiting different remuneration for the same or similar work, any change of salary (increase or decrease) or deterioration of employment conditions on the ground of sex (section 6(2)), which is narrower than the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee recalls that the concept of “work of equal value” permits a broad scope of comparison, including, but going beyond, equal remuneration for “equal”, the “same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (see 2012 General Survey on the fundamental Conventions, paragraphs 672–675). Noting that section 178(2) of the Labour Code and section 6(2) of Law No. HO-57-N on ensuring the equal rights of and equal opportunities for women and men contain provisions that are narrower than the principle laid down by the Convention, the Committee asks the Government to take steps to amend these sections in order to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, so as to address situations where men and women perform not only the same or equal work but also different work that is nevertheless of equal value. The Committee asks the Government to provide information on the steps taken in this regard.

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