1. Convention 100 Equal Remuneration, 1951 Problem: women continue to earn less than men even when calculations take into account seniority, educational levels, leave periods Basic principle: gender should not be the basis upon which remuneration is calculated or paid - either directly or indirectly Scope of comparison: women and men

2. 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

3. 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.

4. 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.

5. Requirements of the Convention State must ensure equal remuneration for women and men in the public sector Promote payment of equal remuneration between men and women in private sector Use laws, regulations, wage fixing machinery, collective agreements or combination of all methods Undertake objective job appraisals of work performed Co-operation of social partners

6. 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

7. Strategy for the application of the Convention Review means of wage setting to eliminate any direct differential between men’s and women’s pay [this may require gradual introduction of pay increase to women over time period] Review laws and practices that indirectly determine wage or benefit amounts such as definition of head of household in family law and use of term in labour law or social security law for eligibility of benefits Eliminate discrimination in collective agreements Include a provision on equal pay in legislation, collective agreements and wage directives

8. Strategy for the application of the Convention (con’t.) Undertake surveys and studies of men’s and women ’s pay and benefits to identify areas of greatest differential comparing occupation, job categories within and between sectors Review suspect differential pay categories corresponding to men and women, i.e. light work and heavy work, gatherers and pickers Promote use of job evaluations based on analytical methodology which eliminates, among other things, gender bias, in pay systems

9. Strategy for the application of the Convention (con’t.) Revise pay schedule to eliminate differentials that are not based on job content or seniority or productivity linked Collect and analyse statistics Use evaluation systems based on an analytical methodology Set up pay equity councils (on tripartite basis) competent to address questions related to the application of the principle

10. Strategy for the application of the Convention (con’t.) Encourage effective and sensitised labour inspection Ensure co-ordination between labour inspection and the competent bodies addressing the issue at the national or regional levels Education campaigns, in particular for workers and employers

11. Statistics Distribution of men and women in sectors by earning levels and hours of work classified by branch, occupational grouping, level of education, age, seniority, hours actually worked or paid for, and size of the enterprise Composition of earning (hourly, overtime, bonuses, allowances, gratuities…) Always collect sex desegregated data

12. 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

13. Job evaluation methodology Knowledge and skill Effort Responsibility Working conditions

14. 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

15. Gender neutral job evaluation criteria Effort Physical effort Intellectual effort Emotional demands

16. 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

17. Gender neutral job evaluation criteria Working conditions Hazard exposure Risk of injury, diseases (pollution) Exposure to disagreeable work Poor working environment

18. Convention 111 Discrimination (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

19. 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

20. Scope and fields covered All 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)

21. 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

22. 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.

23. 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)

24. 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

25. Grounds of discrimination RACE/COLOUR Ethnic minorities Shading indigenous peoples tribes/clans NATIONAL EXTRACTION Distinctions made within a country between its own nationals on the basis of foreign extraction or birth (naturalised citizens, descendants of foreign immigrants) persons belonging to groups of different national extraction living in the same State (national minorities)

26. Grounds of discrimination SEX Either sex but usually against women Often indirect Civil and marital status Family responsibilities Pregnancy and confinement Sexual harassment Protection may be disguised discrimination RELIGION Based on being or not being of a certain faith Expression or manifestation of belief, I.e. affiliation, clothing, ceremonies Includes atheism

27. Grounds of discrimination SOCIAL ORIGIN Individual’s membership in : –a class –social-economic category –caste Increasingly rare in most countries POLITICAL OPINION Activities expressing or demonstrating opposition to the established political principles, or simply a different opinion Protection applies to opinions either expressed or demonstrated. It does not apply if violent methods are used to express or demonstrate these opinions Membership in a political party Political or socio-political attitude, civic commitment, moral qualities Measures of security of the State not considered to be discrimination but appeal procedures must be available

28. Grounds of discrimination Other grounds Workers with family responsibilities Disabled persons State of health (AIDS/HIV) Age Language Trade union membership Sexual orientation...

29. Suggestions to adopt an additional optional protocol OBJECTIVES harmonise Convention 111 with other ILO standards and with other international human rights instruments reflect the evolving character of discrimination and promotion of equality EXPECTED CONTENT other grounds of discrimination (age, disability, family responsibilities, language, matrimonial status, nationality, property, sexual orientation, state of health and trade union affiliation shifting the burden of proof in cases of discrimination

30. 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

31. 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.

32. 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.

33. Scope of application All 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)

34. Obligations Member 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.

35. Strategies for the effective application of the Convention Appropriate measures should be adopted to: Permit workers with family responsibilities to freely choose their employment Take account of needs of such workers in respect of terms and conditions of works and social security Take account of the needs of these workers in community planning and in the development of public and private community services, such as child-care and family services and facilities

36. Strategies for the effective application of the Convention (cont.) Additional positive measures contemplated by the Convention include: The promotion of information and education to increase public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems faced by workers with family responsibilities The organization of vocational guidance and training to enable workers with family responsibilities to enter and remain in the labour force, as well as to re-enter the labour force after an absence due to family responsibilities Ensuring that family responsibilities cannot constitute a valid reason for termination of employment

37. 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

38. 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

39. M ATERNITY P ROTECTION 2000 and Convention No. 183 Recommendation No.191

40. W HAT IS M ATERNITY P ROTECTION? Leave Cash benefits Health protection Employment security Non-discrimination

41. ILO S TANDARDS ON M ATERNITY P ROTECTION 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)

42. S COPE All employed women  Full-time and part-time workers, including homeworkers  Women employed in atypical forms of dependent work.  Limited exclusions are permitted

43. L EAVE 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.

44. C ASH & 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.

45. F INANCING OF BENEFITS Social insurance or public funds or in a manner determined by national law and practice Employer 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

46. E MPLOYMENT 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

47. E MPLOYMENT SECURITY No dismissal during:  Pregnancy  Maternity leave  Leave for maternity-related illness or complications  A period following the woman’s return to work

48. N ON-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

49. H EALTH PROTECTION A women is not obliged to perform work prejudicial to her health or that of her child

50. B REASTFEEDING 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

51. M ATERNITY PROTECTION Recommendation, 2000 (No. 191) Detailed Guidance Concerning:  Leave and Benefits  Health Protection  Breastfeeding Mothers  Related Types of Leave

52. H EALTH 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.

53. P ARENTAL LEAVE Leave and benefits for either parent after maternity leave to be determined at national level Leave, benefits and employment protection for adoptive parents.

54. S TRONGER PROTECTION Wider scope Longer maternity leave Non-discrimination measures Health protection and breastfeeding Cash benefits Guaranteed right to return to job Periodic review

55. G REATER FLEXIBILITY Methods of financing Computation of benefits Provisions for developing countries Protection against dismissal