Summary of the problem
Let us assume that you work as female employee in an office at one of the ministries, and there is a male employee working with you in the same department, and that both of you have the bachelor degree and do the same work, however his salary is bigger than yours.
The most important question which should be asked is as follows: is the HR decision, which discriminates between you and the male employee in wage despite having equal qualifications and doing equal work, a legal decision?! Can you keep silent on that unjust discrimination?! If you think that keeping silent on that injustice is unacceptable and that such unfair discrimination is rejected, then, what is the next step which you should take in order to achieve employment justice in particular and human justice in general?
Summary of the solution
Firstly: In accordance with the public international law, discrimination against women in wages is unacceptable and the proof can be presented as follows:
The Universal Declaration of Human Rights contains three important articles which can be presented as follows:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
1-Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
2- Everyone, without any discrimination, has the right to equal pay for equal work
Secondly: most countries in the world have ratified and signed the Universal Declaration of Human Rights, therefore, the labour law of each country must contain an article which confirms the right of equal pay for equal work and non-discrimination between men and women in the workplace on the ground of sex, if the local labour law of the said country does not contain such a right and if there is discrimination against women in wages, that will be deemed a serious breach of the public international law and it will cause irreparable damage to the country’s reputation , condemnations from the United Nations, international and local human rights organizations and countries that support human rights will be issued against the breaching country and the said country may be subject to painful international blockades and penalties .
Thirdly: If you find an article in your country’s labour law which confirms the women’s right for equal pay for equal work, and this is quite probable, then you or your lawyer can file an administrative case before the administrative court and claim canceling the HR decision in addition to claiming compensation for any damages which directly resulted therefrom. I confirm that your case will be 100% win-win case and you will obtain equal pay for equal work at the end of the day together with fair compensation and then, you can smile , laugh and say to the entire world: she who laughs last laughs best!!
Faisal Ali Addabi\Advocate
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