Convention (No.100) concerning Equal
Remuneration for Men
and Women Workers for Work of Equal Value
Adopted on
29 June 1951 by the
General Conference of the International
Labour Organisation at its thirty-fourth session
entry into force 23
May 1953, in accordance with Article 6
status of ratifications (ILO database on International Labour
Standards)
*
The General
Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the
International Labour Office, and having met in its thirty-fourth
session on 6 June 1951, and
Having decided upon
the adoption of certain proposals with regard to the principle of
equal remuneration for men and women workers for work of equal
value, which is the seventh item on the agenda of the session, and
Having determined
that these proposals shall take the form of an international
Convention, Adopts this twenty-ninth day of June of the year one
thousand nine hundred and fifty-one the following Convention, which
may be cited as the Equal Remuneration Convention, 1951:
Article 1
For the purpose of this Convention:
(a) The term "remuneration" includes
the ordinary, basic or minimum wage or salary and any additional
emoluments whatsoever payable directly or indirectly, whether in
cash or in kind, by the employer to the worker and arising out of
the worker's employment;
(b) The term "equal remuneration for
men and women workers for work of equal value" refers to rates of
remuneration established without discrimination based on sex.
Article 2
1.
Each Member shall, by means appropriate to the methods in operation
for determining rates of remuneration, promote and, in so far as is
consistent with such methods, ensure the application to all workers
of the principle of equal remuneration for men and women workers for
work of equal value.
2. This principle
may be applied by means of:
(a) National laws or regulations;
(b) Legally established or
recognised machinery for wage determination;
(c) Collective agreements between
employers and workers; or
(d) A combination of these various
means.
Article 3
1.
Where such action will assist in giving effect to the provisions of
this Convention, measures shall be taken to promote objective
appraisal of jobs on the basis of the work to be performed.
2. The methods to be
followed in this appraisal may be decided upon by the authorities
responsible for the determination of rates of remuneration, or,
where such rates are determined by collective agreements, by the
parties thereto.
3. Differential
rates between workers, which correspond, without regard to sex, to
differences, as determined by such objective appraisal, in the work
to be performed, shall not be considered as being contrary to the
principle of equal remuneration for men and women workers for work
of equal value.
Article 4
Each Member shall co-operate as appropriate with the employers' and
workers, organisations concerned for the purpose of giving effect to
the provisions of this Convention.
Article 5
The formal ratification of this Convention shall be communicated to
the Director-General of the International Labour Office for
registration
Article 6
1.
This Convention shall be binding only upon those Members of the
International Labour Organisation whose ratifications have been
registered with the Director-General.
2. It shall come
into force twelve months after the date on which the ratifications
of two Members have been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member twelve months after
the date on which its ratification has been registered.
Article 7
1.
Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraph 2 of
article 35 of the Constitution of the International Labour
Organisation shall indicate:
(a) The territories in respect of
which the Member concerned undertakes that the provisions of the
Convention shall be applied without modification;
(b) The territories in respect of
which it undertakes that the provisions of the Convention shall be
applied subject to modifications, together with details of the said
modifications;
(c) The territories in respect of
which the Convention is inapplicable and in such cases the grounds
on which it is inapplicable;
(d) The territories in respect of
which it reserves its decisions pending further consideration of the
position.
2.
The undertakings referred to in subparagraphs (a) and (b) of
paragraph I of this article shall be deemed to be an integral part
of the ratification and shall have the force of ratification.
3. Any member may at
any time by a subsequent declaration cancel in whole or in part any
reservation made in its original declaration by virtue of
subparagraphs (b), (c) or (d) of paragraph I of this article.
4. Any Member may,
at any time at which the Convention is subject to denunciation in
accordance with the provisions of article 9, communicate to the
Director-General a declaration modifying in any other respect the
terms of any former declaration and stating the present position in
respect of such territories as it may specify.
Article 8
1
. Declarations communicated to the Director-General of the
International Labour Office in accordance with paragraphs 4 and 5 of
article 35 of the Constitution of the International Labour
Organisation shall indicate whether the provisions of the Convention
will be applied in the territory concerned without modification or
subject to modification; when the declaration indicates that the
provisions of the Convention will be applied subject to
modification, it shall give details of the said modifications.
2. The Member,
Members or international authority concerned may at any time by a
subsequent declaration renounce in whole or in part the right to
have recourse to any modification indicated in any former
declaration.
3. The Member,
Members or international authority concerned may, at any time at
which this Convention is subject to denunciation in accordance with
the provisions of article 9, communicate to the Director-General a
declaration modifying in any other respect the terms of any former
declaration and stating the present position in respect of the
application of the Convention.
Article 9
1.
A Member which has ratified this Convention may denounce it after
the expiration of ten years from the date on which the Convention
first comes into force, by an act communicated to the
Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year
after the date on which it is registered.
2. Each Member which
has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the
preceding paragraph, exercise the right of denunciation provided for
in this article, will be bound for another period of ten years and,
thereafter, may denounce this Convention at the expiration of each
period of ten years under the terms provided for in this article.
Article 10
1
. The Director-General of the International Labour Office shall
notify all Members of the International Labour Organisation of the
registration of all ratifications, declarations and denunciations
communicated to him by the Members of the Organisation.
2. When notifying
the Members of the Organisation of the registration of the second
ratification communicated to him, the Director-General shall draw
the attention of the Members of the Organisation to the date upon
which the Convention will come into force.
Article 11
The Director-General of the International Labour Office shall
communicate to the Secretary-General of the United Nations for
registration in accordance with Article 102 of the Charter of the
United Nations full particulars of all ratifications, declarations
and acts of denunciation registered by him in accordance with the
provisions of the preceding articles.
Article 12
At
such times as it may consider necessary, the Governing Body of the
International Labour Office shall present to the General Conference
a report on the working of this Convention and shall examine the
desirability of placing on the agenda of the Conference the question
of its revision in whole or in part.
Article 13
1.
Should the Conference adopt a new Convention revising this
Convention in whole or in part, then, unless the new Convention
otherwise provides:
(a) The ratification by a Member of
the new revising Convention shall ipso jure involve the immediate
denunciation of this Convention, notwithstanding the provisions of
article 9 above, if and when the new revising Convention shall have
come into force;
(b) As from the date when the new
revising Convention comes into force this Convention shall cease to
be open to ratification by the Members.
2.
This Convention shall in any case remain in force in its actual form
and content for those Members which have ratified it but have not
ratified the revising Convention.
Article 14
The English and French versions of the text of this Convention are
equally authoritative.
The foregoing is the
authentic text of the Convention duly adopted by the General
Conference of the International Labour Organisation during its
thirty-fourth session which was held at Geneva and declared closed
the twenty-ninth day of June 1951.
IN FAITH WHEREOF we
have appended our signatures this second day of August 1951. |
