Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

Noting the adoption of the Employment and Industrial Relations Code of 2015, which repeals the Employment Ordinance of 1966 (Cap. 30), the Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the specific issues raised in relation to the Employment Ordinance of 1966, and other matters raised in its previous comments.

Article 1 of the Convention. Equal remuneration for work of equal value. Legislation. The Committee notes that pursuant to amendments made in 2008, section 75D(1) of the Employment Ordinance of 1966 (Chapter 30) now provides that “men and women shall receive equal remuneration for work of equal value”. Section 75D(2) of the Employment Ordinance defines “remuneration” as the “wage or salary and any additional benefits or allowances whatsoever payable, directly or indirectly, whether in cash or in kind, by the employer to the employee arising out of the employee’s employment”, thereby being in accordance with Article 1(a) and (b) of the Convention. The Committee asks the Government to provide information on the practical application of section 75D(1) of the Employment Ordinance.

Public sector. The Committee notes that pursuant to section 2, the Employment Ordinance applies to cases in which the Government is an employer, and that employees of the Government, statutory bodies and government-owned companies are covered by the National Conditions of Service. The Committee also notes the Government’s indication that salary scales set out in the National Conditions of Service apply to male and female workers equally, therefore there is no discrimination between men and women workers. The Committee asks the Government to indicate how it is ensured that the criteria used to determine the salary scales in the National Conditions of Service are free from gender bias and that male and female workers in the public sector have access to all additional payments on an equal footing.

Minimum wages. The Committee notes that section 27 of the Employment Ordinance provides for fixing of a minimum wage by the Minister. The Committee also notes the Government’s indication that currently there are no minimum wages fixed for workers in the private sector, and that the Ministry of Labour and Human Resources Department has prepared submissions on minimum wage determination reform to be submitted to the Cabinet in the near future. The Committee recalls that the setting of minimum wages is an important means by which the Convention is applied. As women predominate in low-wage employment, and a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap (General Survey on the fundamental Conventions, 2012, paragraphs 682–683). The Committee asks the Government to provide information on any progress made with regard to setting up a minimum wage system.

Article 3. Objective job evaluation. The Committee notes the Government’s indication that currently there is no system of job appraisals in the private sector. The Committee also notes that the National Conditions of Service do not include provisions concerning objective job evaluation. The Committee asks the Government to provide information on any measures taken or envisaged to develop and implement objective job evaluation in the public and private sectors.

Article 4. Cooperation with social partners. The Committee notes the Government’s indication that the tripartite Decent Work Agenda Steering Committee could take up equal remuneration as an agenda item, but this issue has not been raised so far. The Committee asks the Government to provide information on the measures adopted, in collaboration with social partners, with a view to giving effect to the principle of the Convention, including in the context of the tripartite Decent Work Agenda Steering Committee.

Parts III and V of the report form. Enforcement. The Committee notes that section 75E of the Employment Ordinance provides for a complaints procedure before the High Court with regard to infringement of rights in Part VIIA of the Employment Ordinance. The Committee also notes the Government’s indication that no complaints have been lodged and no judicial decisions have been handed down concerning the application of the principle of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to raise the awareness of judges, labour inspectors, of the principle of the Convention, as well as measures to raise the awareness of workers, employers and their organizations of the principle and the avenues of dispute resolution. The Committee also requests the Government to continue to provide information on any court cases, including cases before the High Court, and violations reported to, or detected by labour inspectors concerning the principle of the Convention.

Part V. Statistics. The Committee notes the Government’s indication that the Ministry of Labour and Human Resources Development is currently working to improve its labour market information and analysis systems, including through the collection of data disaggregated by sex. The Committee asks the Government to provide statistical information disaggregated by sex on wages in the public and private sectors, at each level within the various occupational categories.