Equal Remuneration
Convention
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.
* This is a direct link to the ILO ILOLEX database.
Ratification information is updated daily.
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