Methodological Notes

EQUAL PAY AROUND THE WORLD

Database on legislation on equal remuneration for work of equal value

This database provides information on equal remuneration for work of equal value set out in national law and practice using the provisions of the ILO’s Equal Remuneration Convention, 1951 (No. 100) as a benchmark. It has benefited from the experience and know-how of various ILO officials and external experts, and has been established with the aim of providing EPIC members, as well as other interested stakeholders, with an information and data platform to inform policy-making with a view to ensuring the right of all individuals to equal remuneration for work of equal value.

The Constitution of the International Labour Organization does not confer on the International Labour Office any authority to give authentic interpretations of instruments adopted by the International Labour Conference. The information provided in this database is, therefore, provided without prejudice to any comments made by the ILO supervisory bodies in relation to ratified Conventions.

Methodology

The processing and classification of information and the structure of the database comprise both binary (yes/no) and textual data, including summaries of/or quotes from specific paragraphs of laws and regulations, collective agreements and other practices at the national level.

Information was collected through extensive desk research. Primary sources consulted include information on existing laws submitted to the ILO by member States (e.g. by using NATLEX) and information available from official government web sites. In addition, recent literature, collective bargaining agreements and other studies were also consulted, where possible and relevant. Information has been validated by the respective governmental counterparts before their publication. With a view to ensuring consistency among different country profiles, some text and wording may differ from the ones provided by the respective governmental counterparts. Nevertheless, the substantive content has been maintained.

Please contact GED@ilo.org to report any oversight and/or to indicate new laws, regulations or information to be included in the database.

Limitations

Various challenges inherent to desk reviews were encountered when collecting the information, ranging from lack of public access to legislation to unavailability of translations for legal texts. In this regard, the use of unofficial translation has been mentioned. If an unofficial translation has been used, or if a translation was not available, errors may exist due to misinterpretation. In some cases, relevant legal provisions have been summarized by the researchers. This implies a certain degree of interpretation. Therefore, the database should be used for information purposes only and not taken as legal advice.

Citations

The database cites references for all legislative provisions and provides a direct link to NATLEX. Bibliographic references and .url/pdf-links are provided as available and where the document is not yet included in NATLEX.

Language

The database provides a link to authentic legal texts in their original language and information is reflected in the database in English. In some cases, information is based on official translations provided by member States; in others, translations are unofficial versions translated by the ILO, national Governments or other national organizations. In many cases, if the text of a legislative provision is in a language other than English, French or Spanish, the name of the Act is provided in English based on an informal translation from the researcher, followed by the name of the Act, if available, in the original language. Depending on availability of resources, the French and Spanish translation of the information in this database will be made available in 2021.

Legend

Legislation on equal pay: refers to legislation, including Constitutions, national laws and regulations, which includes the principle of equal remuneration for work of equal value.

Equal remuneration for work of equal value: means that women and men receive equal pay and benefits, whether in cash or kind, not only for doing the same or similar jobs, but also when they do work that is completely different but can be shown to be of equal value, when evaluated based on objective criteria. 

Equal remuneration for equal work: means that women and men receive the same pay and benefits only when doing identical or similar jobs.

Please note that, within this database, “remuneration” and “pay” are used interchangeably. In the Equal Remuneration Convention, 1951 (No. 100), “remuneration” is defined to include “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”.