Article 7: The right to just and favorable conditions of work.

The States Parties to the present Covenant recognize the right to the enjoyment of just and favorable conditions of work which ensure in particular:

(a) Remuneration, which provides all workers, as a minimum, with:

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work;

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions;

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence;

(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays.

Comment:

Article 7 requires States to guarantee just and favorable working conditions, including minimum pay for work that is sufficient to guarantee a decent living. It requires a State to adopt national policies and laws to achieve these ends. In particular, a State must establish a minimum standard for working conditions for all workers and develop appropriate enforcement measures. (38) Article 7 relates closely to a number of International Labor Organization (ILO) treaties, including the Minimum Wage Fixing Convention (No. 131, 1970) and the Equal Remuneration Convention (No. 100, 1951).

Article 7(a) establishes the right to a fair and equitable minimum wage for employment, sufficient to provide a decent living for the worker and his or her family. It explicitly guarantees to women two specific rights: working conditions that are not inferior to those enjoyed by men, including equal pay for equal work and equal pay for work of equal value, also known as pay equity. Pay equity requires valuation of the skills and tasks required to perform particular jobs and comparing the skill levels and required tasks for female-dominated jobs with those that are male-dominated, with a view toward equalizing pay based on comparable required competences and performance requirements.

Article 7(b) requires that working conditions meet minimum standards of occupational health and safety. States must adopt laws and policies that establish basic labor standards to protect health and safety and that prohibit sexual harassment and violence against women in the workplace. In addition, safe working conditions for pregnant women, nursing mothers, older women, and women with disabilities should be encouraged. (3)

Article 7(c) establishes the right to equal opportunity for promotion with no consideration other than those of seniority and competence. States must guarantee women the same employment promotion opportunities as men both by dismantling discriminatory employment laws and practices and by ensuring women are provided with the same de facto opportunities as men. They must require equal opportunity to education and reeducation, training and re-training, mentoring, and gender-neutral job evaluation systems. In addition, discrimination in promotion based upon marital status, pregnancy, or maternity must be prohibited.

Article 7(d) establishes the right to rest and holidays. Attention must be given to the number of hours worked per day, the number of days worked per week and per year, vacation time, and time off for health or family reasons. States must establish minimum standards and develop enforcement measures guaranteeing the enjoyment of these rights. Monitoring the implementation of these rights is particularly important in sectors where women may predominate, such as domestic work, factory work, and agricultural work. Women working in the informal economy present a particularly difficult issues as to holidays and working conditions, as they may be excluded from regulation, monitoring and enforcement efforts.

Gender relations within the household have a significant impact on women's status in the workplace. Unequal distribution of resources and labor in the household perpetuates marginalization in unwaged or low-waged occupations. Traditional gender roles may preclude women from seeking work outside the home, either through explicit prohibition or by requiring them to devote all their labor to maintaining the household and failing to support male sharing of household responsibilities.

The Committee has addressed a number of issues relating to conditions of work for women. The Committee has noted that the absence of laws requiring employers to pay equal remuneration for work of equal value disproportionately impacts women. (6) Moreover, despite laws endorsing the principle of equal pay for equal work, women face discriminatory promotion patterns and wage gaps relative to men. (7) The Committee is concerned about the gap in wages between men and women even if they perform the same work under the same conditions and has recommended that the States take action to remedy wage differences. (8)

The Committee has expressed concern about situations where women workers do not earn the minimum wage fixed by law, especially where the minimum wage fixed by law is lower than the cost of a basic shopping basket of food; (9) where women working in rural areas are especially disadvantaged by unequal education, employment conditions and unequal wages; (10) where States provide no specific regulations against sexual harassment in the workplace, including the failure to take effective measures to combat it; (11) where the State has failed to take action to improve working conditions for women, including abolishing laws that limit women's freedom of movement; (12) where the State has failed to take appropriate measures to protect the rights of domestic workers, most of whom are women and girls, especially with respect to unfavorable working conditions and wages; (13) where the State has failed to address the shortage of child day care facilities, which is seen as an impediment to women's engagement in the workplace; (14) and where the State has failed to ratify most of the main ILO Conventions relating to worker rights and working conditions. (15)

Questions to ask:

1. Are women entitled by law to receive equal pay for equal work or work of the same value as that performed by men? Has the State identified and eliminated the underlying causes of pay differentials (such as gender-biased job evaluation or the perception that men are more productive than women)? What is the ratio of women's wages to men's? What means are available to challenge discrimination in pay?

2. Has the State enacted the requisite legal framework to ensure application of the principle of equal pay for work of equal value (pay equity)? How are jobs and work evaluated for purposes of pay equity? Are the results of pay equity studies made available to the public? Are they included in labor negotiations?

3. Has the State enacted a legal framework prohibiting discrimination in effect (indirect discrimination)--resulting from practices that appear nondiscriminatory but in context have a discriminatory effect?

4. Are there laws that mandate nondiscrimination in employment recruiting, hiring, and promotions? Are these laws enforced? How effective are they?

5. Do labor agreements require that organizations provide for equal advancement for women and men? Do agreements provide for equal pay and benefits? Do agreements contain protections for the health of pregnant women? Do agreements provide the same rights to men and women?

6. What work-related benefits are available to workers generally? Do women receive work related benefits such as holiday pay, sick leave, job training or retraining, disability, and old age or pension benefits on a basis equal to that provided to men?

7. Has the State established requirements for the maximum hours of work (hours per day, days per week or per year)? Do these requirements apply equally to women and men? Do these requirements apply in sectors where women predominate, including, domestic work, factory work, agricultural work, and the informal economy? What enforcement mechanisms exist to ensure these requirements are met by public and private employers? Are they effective?

8. Is work done by women in the home assigned a monetary value and included in national statistics (calculation of GDP/GNP)? Is unpaid agricultural work counted as part of the country's gross national product? Does unpaid work in the home and agriculture count towards eligibility for retirement and other work-related benefits?

9. Are there industries in which women perform piecework or outwork in their homes? What is the proportion of women employed in this work? Are there regulations that affect such work? Are such workers entitled to benefits, for example, sick leave, and holiday pay?

10. What is the mandatory retirement age for men and for women? What is the voluntary retirement age for men and for women? Do men and women have equal work-related pension and social security benefits?

11. Is employment security affected by pregnancy or marital status? If so, how? Does legislation ensure that women who are married, pregnant, or on maternity leave are not subject to dismissal? How frequently do such dismissals occur? Does the State deal with them effectively?

12. What provision is made for parental leave? Is it equal for women and men? What are the provisions for pay during leave? If he provisions are equal, do men take such leave and how do the State and employers encourage men to take parental leave?

13. Describe workplace health and safety laws and regulations. Do they cover men and women equally? Are women provided by law with special protection during pregnancy in types of work proven to be harmful to them? What sort of work is regarded as being particularly harmful?

14. Are adequate facilities for child care provided or supported by the State? Do parents have to pay in whole or in part for child care?

15. Are nursing breaks for breastfeeding mothers required by law? In practice, are the provided? In practice, do women take advantage of them?

16. Do safe and healthy working conditions exist in industries where women predominate? Do special measures exist to protect older people or people with disabilities? Do those measures apply equally to women and men?

17. To what extent does sexual harassment in the workplace occur? What measures have been taken to address sexual harassment and violence against women in the workplace, including laws, regulations, enforcement mechanisms, training programs, employment opportunities, and the monitoring of employment conditions.

(38) CESCR, Fact Sheet No. 16.

(3) General Comment No. 5, para. 25, Eleventh Session (1994); General Comment No. 6, paras. 23, 24, Thirteenth Session (1995).

(6) Concluding Observations of the CESCR: Canada.10/10/98. E/C.12/1/Add.31.

(7) Concluding Observations of the CESCR: Congo. 23/05/2000. E/C.12/1/Add.45; Poland. 19/12/2002. E/C.12/1/Add.82; Germany. 24/09/2001. E/C.12/1/Add.68; Yemen.12/12/03. E/C.12/1/Add.92.

(8) Concluding Observations of the CESCR: Luxembourg. 23/05/2003. E/C.12/1/Add.86; Sweden. 30/11/2001. E/C.12/1/Add.70.

(9) Concluding Observations of the CESCR: Peru. 16/05/1997. E/C.12/1/Add.14; Gambia. 31/05/94. E/C.12/1/Add.9.

(10) Concluding Observations of the CESCR: Congo. 23/05/2000. E/C.12/1/Add.45.

11 Concluding Observations of the CESCR: Poland. 19/12/2002. E/C.12/1/Add.82; Guatemala.12/12/2003. E/C.12/1/Add.93; Russian Federation. 12/12/2003. E/C.12/1/Add.94.

(12) Concluding Observations of the CESCR: Russian Federation. 12/12/2003. E/C.12/1/Add.94; Sudan. 01/09/2000. E/C.12/1/Add.48.

(13) Concluding Observations of the CESCR: Senegal. 24/09/2001. E/C.12/1/Add.62.

(14) Concluding Observations of the CESCR: Germany.24/09/2001. E/C.12/1/Add.68.

(15) Concluding Observations of the CESCR: Solomon Islands.19/12/2002. E/C.12/1/Add.84.