Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It 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 matters raised in its previous direct request, which read as follows:

Article 3. Objective job evaluation. The Committee notes section 121(1) of the new Labour Code of 2007 which provides that the monthly wage of the employee shall be set depending on the qualifications of the employee, the complexity, amount and quality of the work performed, as well as working conditions. Section 22(23) states that payment for labour in accordance with these criteria is a right of the employee. Section 125 (“Organization of labour compensation”) sets out the manner in which qualification requirements and levels of complexity of the different types of work are to be determined, i.e. on the basis of manuals elaborated by the State labour authorities. The Committee asks the Government to provide additional information on the implementation of these provisions, including information on the methodology used to develop the abovementioned manuals and the measures taken by the competent authorities to ensure that the Labour Code’s procedures for the determination of wages is properly applied.

Article 4. Cooperation with employers’ and workers’ organizations. The Committee notes the very general information provided by the Government concerning the social partnership system established under the new Labour Code. The Committee asks the Government to provide information on any specific measures taken to seek the cooperation of employers’ and workers’ organizations with a view to giving effect to the provisions of the Convention.

Enforcement. The Committee asks the Government to provide information on the measures taken by the competent authorities to ensure the proper implementation and enforcement of the Labour Code’s provisions concerning remuneration and to indicate whether any complaints have been received regarding violations of the principle of equal remuneration for men and women for work of equal value.

Statistical information. The Committee notes, from the Country Gender Assessment published by the Asian Development Bank in 2006, that the average gender wage gap grew from 30 per cent in 1990 to 38 per cent in 2002, with particularly wide remuneration gaps between men and women in economic sectors in which women are concentrated. The Committee therefore asks the Government to provide detailed and updated information on the earnings of men and women in the private and public sectors, and according to industry.