Tort liability and employment law have a long and intertwined history. The "control test," initially used by English courts to determine employee status, originated in tort law. Employers can be held liable for damages caused by their employees to third parties and property, provided an employment relationship exists and the employee acted under the employer's control or direction. The evolution of tort liability has often mirrored developments in employment law. A crucial element in establishing employer liability is whether the individual who caused the damage was indeed an employee. This determination rests on the definition of "employee" as established by employment law. Civil courts adjudicating tort claims must interpret the Employment and Labor Law to ascertain the existence of an employment contract between the employer and the injured party. The court cannot apply a different standard for employee identification than the one defined in the Employment ...
C100 - Equal Remuneration Convention, 1951 (No. 100)
(Entry
into force: 23 May 1953)
Adoption: Geneva, 34th ILC session (29 Jun 1951)
Preamble
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.
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