Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

Articles 1 and 2 of the Convention. Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, in its previous comments, it emphasized the lack of reference to the principle of equal remuneration for work of equal value in the Labour Law and in the Law on the Promotion of Gender Equality (LPGE), and stressed the importance of seizing the opportunity provided by the Labour Law reform to incorporate the concept of “work of equal value” into the national legislation and adopt a broad definition of “remuneration”. The Committee notes with satisfaction that, in the new Labour Law adopted on 2 June 2021, the definition of “salary” includes the “basic salary, allowances, additional wages and vacation pay and bonuses” (section 101.1) and that, pursuant to section 102.1.1, the salary of employees “performing jobs of equal value shall be the same”. In addition, the Committee welcomes the explicit prohibition of salary discrimination on the basis of sex or other grounds (section 102.1.4). In light of these positive legislative developments, the Committee asks the Government to take steps to raise awareness of the principle of equal remuneration for men and women for work of equal value enshrined in the new Labour Law among workers, employers and their organizations as well as among labour inspectors and officials. It also asks the Government to clarify whether section 101.1 of the Labour Law applies also to the additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment and to provide examples of application in practice of this provision. The Committee asks the Government to consider the inclusion of the principle of equal remuneration for men and women for work of equal value in the Law on the Promotion of Gender Equality (LPGE) to align its provisions on equal pay with the provisions of the Labour Law.

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