HUMAN RIGHTS
The main characteristics of Convention No. 100 are:
Aim of the Convention
• Application of the principle of ‘equal pay for work of
equal value’;
• To eliminate differences in rates of remuneration
received by male and female workers.
Scope
• Applies to all workers.
Elements
• Implies comparison between jobs which may be different but which have similar characteristics;
• Remuneration includes basic wages as well as any
benefits in cash or in kind, such as cash bonuses, family allowances, paid vacations, pensions, etc.
discriminated against in the workplace, because of their
sex or ethnicity, or both, and this impacts on their wage
earning potential.
2.2 Discrimination (Employment and
Occupation) Convention (1958)
(No. 111)
Convention No. 111 on discrimination in employment
and occupation is the main ILO instrument that can be
used to address the issue of work-related discrimination
against minorities and indigenous peoples.
Convention No. 111 promotes policies in favour of
equal opportunity. Although it concerns the workplace,
this can have far-reaching consequences and encompasses a range of issues one would not automatically link to
this theme.
Tools
• Collective agreements, e.g. national, industry-wide or
enterprise-based;
• National laws and regulations, e.g. minimum wage
law;
• Wage determination mechanisms, e.g. public service
wage scales;
• A combination of the above.
Aim of the Convention
• To promote equality in employment and occupation.
Strategies
• Avoid stereotyping in job classification, i.e. skills and
tasks considered to be traditionally ‘feminine’, e.g.
caring, cleaning, secretarial;
• Conduct labour inspections;
• Develop and conduct objective job appraisals and
evaluations;
• Develop appropriate wage determination methods.
Definition of discrimination
• Any distinction, exclusion or preference based on one
or more of the prohibited grounds: colour; national
extraction; political opinion; ‘race’; religion; sex;
social origin; or other grounds determined by national
legislation, e.g. age, civil status, disability, or sexual
orientation; which nullifies or impairs equality of
opportunity or treatment in employment or occupation.
Action required by governments
• To ensure application of the principle of equal pay for
work of equal value where possible, for example in
public services;
• To promote this principle where there is no direct
control over wage fixing, such as in the private sector.
Exceptions
• A distinction, exclusion or preference for a particular
job based on the inherent requirements of the job. For
example, language proficiency if the job includes
interaction with the public, a certain level of visual
acuity for airline pilots, being a member of a specific
religious group if the job requires performing religious services (e.g. a priest);
• Special measures for people requiring special protection or assistance for reasons such as age, disability,
family responsibilities, sex, or social or cultural status. Special measures can be applied to affirmative
action programmes, e.g. for ethnic minorities in the
public sector.
Convention No. 100 is concerned with a specific
aspect of gender discrimination – differences in the
wages men and women receive. Often this can be attributed to no objective reason other than that the workers
belong to different sexes. While steps have been taken to
address the issue, and to diminish wage differentials,
much remains to be done.
Although Convention No. 100 is not specifically targeting discrimination based on ‘race’ or ‘ethnicity’, it is
relevant, as minority and indigenous women are often
Scope
• All sectors and situations where people are employed
or work, including self-employment;
• Everyone, including workers who are nationals as
well as non-national workers, e.g. foreign workers.
Application
• Equal access to employment and occupation, e.g. par-
THE INTERNATIONAL LABOUR ORGANIZATION: A HANDBOOK FOR MINORITIES AND INDIGENOUS PEOPLES
11