On the ratification of the Convention on Equal Remuneration for Men and Women for Work of Equal Value

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The Law of the Republic of Kazakhstan dated December 14, 2000 No. 115-II

To ratify the Convention on Equal Remuneration for Men and Women for Work of Equal Value (Convention 100), adopted in Geneva by the 34th session of the General Conference of the International Labour Organization on June 29, 1951.

President N. Nazarbayev of the Republic of Kazakhstan

International Labour Conference Convention No. 100 on Equal Remuneration for Men and Women for Work of Equal Value (Geneva, June 6, 1951)

The General Conference of the International Labour Organization, convened in Geneva by the Governing Body of the International Labour Office and meeting on 6 June 1951 for its thirty-fourth session, having decided to adopt a number of proposals on the principle of equal remuneration for men and women for work of equal value, which is the seventh item on the agenda of the session, having decided to give these proposals the form of an international convention, adopts this on the twenty-ninth day of June of the year one thousand nine hundred and fifty-one, the following Convention, which may be referred to as the 1951 Convention on Equal Remuneration.

Article 1

For the purposes of this Convention: (a) The term "remuneration" includes ordinary, basic or minimum wages or ordinary, basic or minimum wages, and any other remuneration provided directly or indirectly, in money or in kind, by an employer to a worker by virtue of the latter's performance of any work; (b) the term "equal remuneration of men and women for work of equal value" refers to remuneration rates determined without discrimination based on gender.

Article 2

1. Each Member of the Organization, by means consistent with the current methods of setting remuneration rates, encourages and, to the extent compatible with these methods, ensures that the principle of equal remuneration for men and women for work of equal value applies to all workers. 2. This principle can be applied by either: (a) national legislation; (b) a system for determining remuneration established or recognized by law; (c) collective agreements between entrepreneurs and workers; d) combinations of these different methods.

Article 3

1. In cases where such actions will contribute to the application of the provisions of this Convention, measures will be taken to objectively assess the various responsibilities based on the work performed. 2. The methods of such assessment may be the subject of decisions either by the authorities competent in determining remuneration rates, or by the parties involved in collective agreements, if remuneration rates are determined by such agreements. 3. The difference in remuneration rates, which corresponds, regardless of gender, to the difference resulting from such an objective assessment of the work performed, is not considered contrary to the principle of equal remuneration for men and women for work of equal value.

Article 4

Each Member of the Organization shall cooperate appropriately with the organizations of entrepreneurs and workers concerned in order to give effect to the provisions of this Convention.

Article 5

The instruments of ratification of this Convention shall be forwarded to the Director General of the International Labour Office for registration.

Article 6

1. This Convention binds only those Members of the International Labour Organization whose ratifications have been registered by the Director General. 2. It comes into force twelve months after the Director General registers the ratification of two Members of the Organization. 3. Subsequently, this Convention shall enter into force for each Member of the Organization twelve months after the date of registration of its ratification.

Article 7

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of paragraph 2 of Article 35 of the Constitution of the International Labour Organization shall contain indications concerning: (a) territories in respect of which the Member concerned undertakes to apply the provisions of this Convention without modification; (b) territories in respect of which it undertakes to apply the provisions of this Convention with modifications., and the details of these changes; (c) Territories in which the Convention will not apply, and in that case, the reasons why it will not apply; (d) Territories in respect of which it reserves its decision pending further consideration of the situation. 2. The obligations referred to in subparagraphs (a) and (b) of paragraph 1 of this article will be considered an integral part of the ratification and will have the same consequences. 3. Any Member of the Organization may, by means of a new declaration, withdraw all or part of the reservations contained in its previous declaration by virtue of subparagraphs (b), (c) and (d) of paragraph 1 of this article. 4. Any Member may, at any time during which this Convention may be denounced in accordance with the provisions of Article 9, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the present situation in certain Territories.

Article 8

1. Declarations addressed to the Director-General of the International Labour Office in accordance with the provisions of paragraphs 4 and 5 of Article 35 of the Constitution of the International Labour Organization shall indicate whether the provisions of this Convention will apply to the Territory concerned with or without modification; if the declaration indicates that the provisions of the Convention will apply subject to modification, it shall specify what exactly are these changes? 2. An interested Member or Members of an Organization or an international authority may, by means of a new application, waive in whole or in part the right to use the changes stipulated in any previous application. 3. An interested Member or Members of the Organization or an international authority may, at times when the Convention may be denounced in accordance with the provisions of Article 9, send to the Director-General a new declaration modifying in any other respect the terms of any previous declaration and informing him of the situation with regard to the application of this Convention.

Article 9

1. Any Member which has ratified this Convention may, after a period of ten years from the date of its initial entry into force, denounce it by means of an instrument of denunciation addressed to and registered by the Director-General of the International Labour Office. The denunciation takes effect one year after the registration of the act of denunciation. 2. Each Member of the Organization that has ratified this Convention, which does not exercise its right of denunciation provided for in this article within one year after the expiration of the ten-year period referred to in the preceding paragraph, shall be bound for a further period of ten years and may subsequently denounce this Convention after the expiration of each ten-year period in accordance with the procedure specified in this article.

Article 10

1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organization of the registration of all ratifications, declarations and acts of denunciation received by him from the Members of the Organization. 2. In notifying the Members of the Organization of the registration of the second ratification he has received, the Director General shall draw the attention of the Members of the Organization to the date of entry into force of this Convention.

Article 11

The Director-General of the International Labour Office shall transmit to the Secretary-General of the United Nations for registration, in accordance with Article 102 of the Charter of the United Nations, full details of all ratifications, declarations and acts of denunciation registered by him in accordance with the provisions of the preceding articles.

Article 12

Whenever the Governing Body of the International Labour Office considers it necessary, it shall submit to the General Conference a report on the application of this Convention and decide whether to include in the agenda of the Conference the question of its revision in whole or in part.

Article 13

1. In the event that the Conference adopts a new convention revising this Convention in whole or in part, and unless the new convention provides otherwise, then: (a) The ratification by any Member of the new revising convention shall automatically entail, regardless of the provisions of Article 9, the immediate denunciation of this Convention, provided that the new revising Convention the Convention has entered into force; (b) As from the date of entry into force of the new revising convention, this Convention is closed for ratification by the Members of the Organization. 2. In any case, this Convention remains in force in form and content in respect of those Members of the Organization that have ratified it but have not ratified the new revising convention.

Article 14

The French and English texts of this Convention are equally authentic.

President

Republic of Kazakhstan

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