Work of Equal Value
Definitions (8)
The principle of 'work of equal value' is fundamental to equal remuneration legislation, including the Workplace Gender Equality Act 2012 in Australia, and is derived from international instruments like ILO Convention 100. It means that men and women should receive equal remuneration for jobs that, while potentially different in their tasks or titles, are objectively assessed as having equivalent worth based on criteria such as skill, effort, responsibility, and working conditions. This concept goes beyond 'equal pay for equal work' (which refers to identical jobs) to address systemic undervaluation of roles predominantly held by women. The objective appraisal of jobs is a key mechanism for determining work of equal value, aiming to eliminate gender bias in remuneration structures and ensure fair compensation across diverse roles within an organisation.
While not explicitly defined as a standalone term in the law, the concept of 'work of equal value' is implicitly understood within the definition of wage discrimination. It refers to jobs that, when assessed using objective criteria such as required skills, mental and physical effort, level of responsibility, and the nature of the working conditions, are determined to be equivalent, irrespective of the job title or traditional gender associations. This principle is fundamental to ensuring fair comparisons in pay equity assessments and preventing indirect discrimination.
Work that, when assessed against objective criteria such as skill, effort, responsibility, and working conditions, is determined to be of equivalent worth. This concept moves beyond 'equal work' (identical tasks) to address systemic pay discrimination where jobs predominantly held by one gender may be undervalued despite requiring comparable levels of contribution and demand. The Law No. 22 Amendment mandates the use of gender-neutral job evaluation systems to facilitate this assessment.
Work of equal value refers to jobs that, while potentially different in nature, are objectively assessed as having comparable worth based on a set of gender-neutral criteria. These criteria, as outlined in the Draft Law, include professional knowledge and skills, intellectual and/or physical effort, level of responsibility, and the working conditions involved. This concept is fundamental to ensuring equal pay, as it prevents employers from assigning different pay rates to jobs that are intrinsically similar in value but may have historically been undervalued due to gender bias.