Convention 100Equal Remuneration, 1951

• Problem: women continue to earn less than men even when calculations take into account seniority, educational levels, leave periodsBasic principle: gender should not be the basis upon which remuneration is calculated or paid - either directly or indirectly

• Scope of comparison: women and men

Fundamental Principle

Equal remuneration for work of equal value

It is a « promotional » convention establishing the objectives and leaving to countries the choice on the methods to reach the stated objectives

Ratifications

162 Member States

The high number of ratifications indicates the almost universal acceptance of the principle of equal remuneration without discrimination based on sex.

Remuneration

• Remuneration includes all wages and emoluments whether paid directly or indirectly, in cash or in kind, in return for labour

• It includes: overtime, bonuses, allowances, grants, vehicles, travel payments, business expenses, uniforms and equipment, housing, etc.

Methods of wage determination

• Legislation (minimum wage legislation, labour acts or codes, protection wages acts, wage orders, wage regulations, sector specific legislation, family law)

• Public service wage classification• Collective agreements (national,

sectoral and enterprise based)• Custom and practice

Job evaluation• Job evaluation techniques are used to

measure and compare objectively the relative value of work performed by men and women

• Redefining traditional job evaluation schemes used to classify jobs in occupational hierarchy need

• Develop job evaluations systems that avoid gender bias and measure aspects of women’s and men’s work

Job evaluation methodology

Knowledge and skill

Effort

Responsibility

Working conditions

Gender neutral job evaluation criteria

Knowledge and skill

• Knowledge and understanding

• Physical skills

• Intellectual skills

• Communication skills

• Management of human resources skills

• Multiple task skills

Gender neutral job evaluation criteria

Effort

•Physical effort

•Intellectual effort

•Emotional demands

Gender neutral job evaluation criteria

Responsibility

•Information and material sources

•Supervision over other employees, persons

•Well-being over health and safety of others

•Planning, organisation, development

Gender neutral job evaluation criteria

Working conditions

• Hazard exposure

•Risk of injury, diseases (pollution)

•Exposure to disagreeable work

•Poor working environment

Convention 111Discrimination (Employment

and Occupation), 1958

Fundamental principle

Design and implement policies to promote equality of opportunity and treatment in respect of employment and occupation with a view to eliminating any discrimination in respect thereof

Ratifications

164 Member States

Almost all States have included anti-discriminatory provisions in their national legislation or constitution and several of them have stated their intention to ratify the Convention or to study it with a view to ratification

Scope and fields coveredAll persons

Employment and occupation (included self-employment)

Access to vocational training (training, vocational guidance), to employment and to particular occupations (access to wage employment, access to non-wage employment, placement, access to the public service, access to employers’ and workers’ organisations)Terms and conditions of employment (advancement, security of tenure, equal remuneration, social security)

Definition of discrimination

Any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity and treatment in employment and occupation

Large definition

Discrimination in law and in practice (« de jure » and « de facto »)

Direct and indirect discrimination

Indirect discrimination

Any distinction or measure apparently neutral that, in practice, has the effect or result of disproportionately impacting on a particular group or sex. It is not evident at first glance but only after having analysed the de facto effects of policies or legal provisions.

Exceptions to definition

• Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements of the job (they cannot be extended to an entire sector of activity)

• Special measures of protection or assistance provided for in ILO Conventions or Recommendations (maternity, health)

• Other special measures designed to meet particular requirements of persons, such as sex, age, disablement, family responsibilities or social and cultural status (indigenous and tribal peoples)

Grounds of discrimination

• Race• Colour• Sex• Religion• Political opinion• National extraction• Social origin

• Others determined by the State concerned after consultation with representatives of employers’ and workers’ organizations

Grounds of discriminationOther grounds

• Workers with family responsibilities

• Disabled persons• State of health

(AIDS/HIV)• Age

• Language• Trade union

membership• Sexual orientation• ...

C. 156 Workers with Family Responsibilities , 1981

It promotes a real equality of opportunity and treatment in employment for man and women workers with family responsibilities

Ratifications

37 Member States

The relatively low rate of ratification suggests that a large number of governments and employers ’ and workers organizations do not fully understand the importance of this instrument for the realisation of equality between men and women.

The double objective of the instrument

Problem: the excessive burden of work related to the household still carried out by women is one of the major causes of the persistent inequality affecting women in employment and occupation.

Purpose: promote equality of opportunity and treatment in employment:between men and women workers with family responsibilities; and

between workers with family responsibilities and those without such responsibilities.

Scope of applicationAll women and men workers with responsibilities in relation to:

• their dependent children

• other members of their immediate family who clearly need their care or support

All branches of economic activities and all categories of workers (also workers seeking to enter or re-enter the workforce or to undergo training for employment, full-time, part-time, temporary or other forms of employment, waged and non-waged employment)

ObligationsMember States must adopt all necessary measures to achieve the objectives of the convention in a manner consistent with national practice and taking into account national conditions

The convention leaves room to large flexibility by authorizing application step by step and through a combination of different means according to the national situation.

Examples of measures

• Provision of parental leave and leave to care for sick family members

• Adequate levels of accessible and good child-care facilities and facilities for elderly

• Flexible working arrangements and hours to suit working parents

• Change of attitude in the workplace to enable men to make full use of flexible working arrangements

Problems with ratification

Main problems indicated by governments

• Economic difficulties and insufficient means available

• Absence of an appropriate national legislation• Need to change the existing legislation• Non-compliance with the special measures to

promote gender equality adopted to implement C. 111, if these measures are not extended to men

MATERNITY PROTECTION2000

and

Convention No. 183

Recommendation No.191

WHAT IS MATERNITY PROTECTION?

Leave

Cash benefits

Health protection

Employment security

Non-discrimination

ILO STANDARDS ON MATERNITY PROTECTION

Maternity Protection Convention, 1919 (No.3)

Maternity Protection Convention (revised), 1952

(No.103)Maternity Protection Convention, 2000 (No. 183)

Maternity Protection Recommendation, 1952 (No.95)

Maternity Protection Recommendation, 2000 (No.

191)

SCOPE

All employed women

Full-time and part-time workers, including homeworkers

Women employed in atypical forms of dependent work.

Limited exclusions are permitted

LEAVE

14 weeks

6 weeks’ compulsory postnatal leave, unless otherwise agreed at the national level

Additional leave in case of illness, complications or risk of complications.

CASH & MEDICAL BENEFITS

No less than 2/3 of a woman’s (insured) earnings or comparable coverage.Qualifying conditions must be met by a large majority of employed women.

Prenatal, childbirth and postnatal medical care.

Hopitalization care, when necessary.

FINANCING OF BENEFITS

Social insurance or public funds or in a manner determined by national law and practiceEmployer liability is only permissible, if

a)Full-time and part-time workers, including homeworkers

b)in force nationally before 15 June 2000,or

b)there is tripartite agreement thereafteror

EMPLOYMENT SECURITY

Protection from dismissal

Burden of proof is on the employer

Right to return to the same job or an equivalent one at equal pay

EMPLOYMENT SECURITY

No dismissal during:PregnancyMaternity leaveLeave for maternity-related illness or complications

A period following the woman’s return to work

NON-DISCRIMINATION

Members must take measures to ensure that maternity is not a source of discrimination in employment

Non pregnancy testing, except when legally prescribed to protect health

HEALTH PROTECTION

A women is not obliged to perform work prejudicial to her health or that of her child

BREASTFEEDING

Periodic breaks or a reduction of hours of work in order to breastfeed

Nursing breaks (of hours) are to be counted as working time remunerated

MATERNITY PROTECTIONRecommendation, 2000 (No.

191)Detailed Guidance Concerning:Leave and Benefits

Health Protection

Breastfeeding Mothers

Related Types of Leave

HEALTH PROTECTION

Workplace risk assessment

Measures to eliminate risks, or adapt a woman’s working conditions, or provide a transfer to safe work, or paid leave if necessary.

Right to return to her job or an equivalent one when it is safe to do so.

PARENTAL LEAVE

Leave and benefits for either parent after maternity leave to be determined at national level

Leave, benefits and employment protection for adoptive parents.

STRONGER PROTECTION

Wider scope

Longer maternity leave

Non-discrimination measures

Health protection and breastfeeding

Cash benefits

Guaranteed right to return to job

Periodic review

GREATER FLEXIBILITY

Methods of financing

Computation of benefits

Provisions for developing countries

Protection against dismissal