"In accordance with the Joint
Declaration of the Government of the People's Republic of China and the
Government of the Republic of Portugal on the Question of Macao signed on 13
April 1987, the Government of the People's Republic of China will resume the
exercise of sovereignty over Macao with effect from 20 December 1999. Macao
will, with effect from that date, become a Special Administrative Region of the
People's Republic of China and will enjoy a high degree of autonomy, except in
foreign and defence affairs which are the responsibilities of the Central
People's Government of the People's Republic of China.
In this connection, I am instructed by the
Minister of Foreign Affairs of the People's Republic of China to inform Your
Excellency of the following:
Convention concerning Equal Remuneration
for Men and Women Workers for Work of Equal Value (No. 100), 1951, (hereinafter
referred to as the "Convention"), to which the Government of the
People's Republic of China deposited its instrument of ratification on 2
November 1990, will apply to the Macao Special Administrative Region with
effect from 20 December 1999.
The Government of the People's Republic of China will assume the responsibility for the international rights and obligations arising from the application of the Convention to the Macao Special Administrative Region."
Convention
concerning Equal Remuneration for Men and Women Workers for Work of Equal Value
(ILO No. 100)
(Adopted at Geneva on 29
June 1951)
The General
Conference of the International Labour Organisation,
Having been
convened at Geneva by the Governing Body of the International Labour Office,
and having met in its Thirty-fourth Session on 6 June 1951, and
Having decided upon
the adoption of certain proposals with regard to the principle of equal
remuneration for men and women workers for work of equal value, which is the
seventh item on the agenda of the session, and
Having determined
that these proposals shall take the form of an international Convention,
adopts this twenty-ninth
day of June of the year one thousand nine hundred and fifty-one the following
Convention, which may be cited as the Equal Remuneration Convention, 1951:
Article 1
For the purpose of
this Convention--
(a) the term remuneration
includes 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;
(b) the term equal
remuneration for men and women workers for work of equal value refers
to rates of remuneration established without discrimination based on sex.
Article 2
1. Each Member
shall, by means appropriate to the methods in operation for determining rates
of remuneration, promote and, in so far as is consistent with such methods,
ensure the application to all workers of the principle of equal remuneration
for men and women workers for work of equal value.
2. This principle
may be applied by means of--
(a) national laws
or regulations;
(b) legally
established or recognised machinery for wage determination;
(c) collective
agreements between employers and workers; or
(d) a combination
of these various means.
Article 3
1. Where such
action will assist in giving effect to the provisions of this Convention
measures shall be taken to promote objective appraisal of jobs on the basis of
the work to be performed.
2. The methods to
be followed in this appraisal may be decided upon by the authorities
responsible for the determination of rates of remuneration, or, where such
rates are determined by collective agreements, by the parties thereto.
3. Differential
rates between workers which correspond, without regard to sex, to differences,
as determined by such objective appraisal, in the work to be performed shall
not be considered as being contrary to the principle of equal remuneration for
men and women workers for work of equal value.
Article 4
Each Member shall
co-operate as appropriate with the employers' and workers' organisations concerned
for the purpose of giving effect to the provisions of this Convention.
Article 5
The formal
ratifications of this Convention shall be communicated to the Director-General
of the International Labour Office for registration.
Article 6
1. This Convention
shall be binding only upon those Members of the International Labour
Organisation whose ratifications have been registered with the
Director-General.
2. It shall come
into force twelve months after the date on which the ratifications of two
Members have been registered with the Director-General.
3. Thereafter, this
Convention shall come into force for any Member twelve months after the date on
which its ratification has been registered.
Article 7
1. Declarations
communicated to the Director-General of the International Labour Office in
accordance with paragraph 2 of Article 35 of the Constitution of the
International Labour Organisation shall indicate --
a) the territories
in respect of which the Member concerned undertakes that the provisions of the
Convention shall be applied without modification;
b) the territories
in respect of which it undertakes that the provisions of the Convention shall
be applied subject to modifications, together with details of the said
modifications;
c) the territories
in respect of which the Convention is inapplicable and in such cases the
grounds on which it is inapplicable;
d) the territories
in respect of which it reserves its decision pending further consideration of
the position.
2. The undertakings
referred to in subparagraphs (a) and (b) of paragraph 1 of this Article shall
be deemed to be an integral part of the ratification and shall have the force
of ratification.
3. Any Member may
at any time by a subsequent declaration cancel in whole or in part any reservation
made in its original declaration in virtue of subparagraph (b), (c) or (d) of
paragraph 1 of this Article.
4. Any Member may,
at any time at which the Convention is subject to denunciation in accordance
with the provisions of Article 9, communicate to the Director-General a
declaration modifying in any other respect the terms of any former declaration
and stating the present position in respect of such territories as it may
specify.
Article 8
1. Declarations
communicated to the Director-General of the International Labour Office in
accordance with paragraph 4 or 5 of Article 35 of the Constitution of the
International Labour Organisation shall indicate whether the provisions of the
Convention will be applied in the territory concerned without modification or
subject to modifications; when the declaration indicates that the provisions of
the Convention will be applied subject to modifications, it shall give details
of the said modifications.
2. The Member,
Members or international authority concerned may at any time by a subsequent
declaration renounce in whole or in part the right to have recourse to any
modification indicated in any former declaration.
3. The Member,
Members or international authority concerned may, at any time at which this Convention
is subject to denunciation in accordance with the provisions of Article 9,
communicate to the Director-General a declaration modifying in any other
respect the terms of any former declaration and stating the present position in
respect of the application of the Convention.
Article 9
1. A Member which
has ratified this Convention may denounce it after the expiration of ten years
from the date on which the Convention first comes into force, by an act
communicated to the Director-General of the International Labour Office for
registration. Such denunciation shall not take effect until one year after the
date on which it is registered.
2. Each Member
which has ratified this Convention and which does not, within the year
following the expiration of the period of ten years mentioned in the preceding
paragraph, exercise the right of denunciation provided for in this Article,
will be bound for another period of ten years and, thereafter, may denounce
this Convention at the expiration of each period of ten years under the terms
provided for in this Article.
Article 10
1. The
Director-General of the International Labour Office shall notify all Members of
the International Labour Organisation of the registration of all ratifications,
declarations and denunciations communicated to him by the Members of the
Organisation.
2. When notifying
the Members of the Organisation of the registration of the second ratification
communicated to him, the Director-General shall draw the attention of the
Members of the Organisation to the date upon which the Convention will come
into force.
Article 11
The
Director-General of the International Labour Office shall communicate to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations full particulars of all
ratifications, declarations and acts of denunciation registered by him in
accordance with the provisions of the preceding articles.
Article 12
At such times as
may consider necessary the Governing Body of the International Labour Office
shall present to the General Conference a report on the working of this
Convention and shall examine the desirability of placing on the agenda of the
Conference the question of its revision in whole or in part.
Article 13
1. Should the
Conference adopt a new Convention revising this Convention in whole or in part,
then, unless the new Convention otherwise provides--
a) the ratification
by a Member of the new revising Convention shall ipso jure involve the
immediate denunciation of this Convention, notwithstanding the provisions of
Article 9 above, if and when the new revising Convention shall have come into
force;
b) as from the date
when the new revising Convention comes into force this Convention shall cease
to be open to ratification by the Members.
2. This Convention
shall in any case remain in force in its actual form and content for those
Members which have ratified it but have not ratified the revising Convention.
Article 14
The English and
French versions of the text of this Convention are equally authoritative.