Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equal Remuneration Convention, 1951 (No. 100) - Bangladesh (Ratification: 1998)

Other comments on C100

Observation

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The Committee notes the observations of the Bangladesh Employers’ Federation (BEF) which are incorporated in the Government’s report.

Assessment of the gender pay gap. The Committee recalls the 2008 ILO study “The gender wage gap in Bangladesh” and the findings of the 2007 wage survey carried out by the Bangladesh Bureau of Statistics, both of which show a wide and persistent gender pay gap. The Committee notes that the Government once again asserts that there is no gender pay gap in the formal sector, without providing any statistics or other information on the earnings of men and women in the public and private sectors. The Government does, however, acknowledge that pay gaps exist in the informal sector and in unorganized small enterprises, with nearly 80 per cent of the country’s employment being in the informal economy, and informal employment having increased sharply for women. The Committee also notes the Government’s indication that it faces difficulties in looking into the wage gap in small enterprises, which are spread over the countryside. The Bangladesh Employers’ Federation states that it will be very difficult to minimize the wage gaps in the unorganized informal economy until the economic condition of the country improves. The Committee asks the Government to take steps to collect and analyse information, including statistical data disaggregated at least by sex, branch of activity, and occupation or occupational group, on the nature and extent of the gender pay gap in the formal and informal economies. Please also indicate the concrete steps taken to address and reduce the gender pay gap.

Articles 1 and 2 of the Convention. The Committee recalls that section 345 of the Labour Act of 2006 provides that in determining wages or fixing minimum rates of wages the principle of equal wages for male and female workers for work of “equal nature or equal value” shall be followed. The Committee has been asking the Government for information on the measures taken to ensure the effective application of section 345, and notes in that context that the Government indicates generally that the principle is applied in the public and private sectors, and cites section 307 of the Labour Act, which provides penalties for violations of the provisions of the Labour Act. The Government also states generally that various ministries take measures to train inspectors, public officials, entrepreneurs, and middle managers of enterprises, and that seminars and workshops are organized for lawyers, judges and high-level officials. The Government also indicates that technical assistance could be useful to strengthen the capacity of responsible authorities in implementing the relevant provisions of the Act. The Committee asks the Government to provide specific information on measures taken with a view to the effective implementation of the principle of equal remuneration for men and women for work of equal value, including detailed information on the contents of the training and awareness-raising activities to which the Government refers, as well as on any relevant judicial or administrative decisions. The Committee also asks the Government to provide information on steps taken to secure ILO technical assistance, with a view to ensuring the effective implementation of section 345 of the Labour Act.

Article 1(a). Definition of remuneration. The Committee recalls section 2(xlv) of the Labour Act, which excludes particular aspects of remuneration from the definition of “wages”. The Committee notes the Government’s indication that depending on the nature of jobs, employers provide, for example, accommodation, which is a facility attached to the job and cannot be included in the definition of wages. The Committee recalls that the Convention sets out a broad definition of remuneration, which includes not only “the ordinary, basic or minimum wage or salary” but also “any additional emoluments whatsoever ... whether in cash or in kind” (Article 1(a)). The use of “any additional emoluments whatsoever” requires that all elements that a worker may receive for his or her work, including accommodation, are taken into account in the comparison of remuneration. Such additional components are often of considerable value and need to be included in the calculation. Otherwise much of what can be given a monetary value arising out of the job would not be captured (see General Survey on fundamental Conventions 2012, paragraphs 686–687, 690–691). The Committee asks the Government to take steps to broaden the scope of application of section 345 of the Labour Act to include all aspects of remuneration, and to provide specific information in this regard. In the meantime, the Committee again asks the Government to examine the extent to which the principle of equal remuneration for men and women for work of equal value is being applied in practice in relation to those aspects of remuneration which are excluded from the definition of “wages” under section 2(xlv) of the Labour Act, and to provide information on the steps taken in this regard.

Article 2(2)(b). Minimum wages. The Committee previously noted that wages were very low in the ready-made garments industry (RMG), in which 90 per cent of employees are women. The Committee notes that, pursuant to the wage order of 31 October 2010, the minimum wage for the RMG sector has increased from 1,650 Bangladeshi taka (BDT) to BDT3,000. The Committee notes, however, that in defining different functions in the wage order, sex-specific terminology remains in use, such as “pressing men” or “pressing women”. Such terminology should be avoided so as not to reinforce stereotypical attitudes regarding whether certain jobs should be carried out by men or women. The Committee also notes the Government’s indication that 45 sectors are now covered by the minimum wage scheme, including jute industries, tailoring, oil mills and vegetable products. The Committee asks the Government to continue to provide information on the developments with respect to the coverage and rates of minimum wages. The Committee again asks the Government to indicate how in practice it is ensured that in determining minimum wage rates for sectors or occupations in which women are predominantly employed, the work being undertaken is not being undervalued, including whether any specific method is used to objectively determine the value of the various jobs. The Committee also asks the Government to take steps to ensure that gender-neutral terminology is used in defining the various jobs and occupations in the wage orders, and to provide specific information in this regard.

Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that the representatives of employers’ and workers’ organizations are members of the Minimum Wage Board, and are included in the wage commissions when the Government forms such commissions. The Committee asks the Government to provide more detailed information on the role of the social partners on the Minimum Wage Board and the wage commissions with respect to promoting and ensuring the application of the principle of the Convention. The Committee also once again asks the Government to indicate the specific measures taken to seek actively the cooperation of workers’ and employers’ organizations to give effect to the provisions of the Convention, including any training and awareness-raising activities on the principle of the Convention and the related provisions of the Labour Act.