Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Equal Remuneration Convention, 1951 (No. 100) - China (Ratification: 1990)

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Observation

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Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee notes that the Government’s report does not contain information on the distribution of men and women in various economic sectors and occupations, their levels of responsibility and their corresponding levels of earnings. The Government indicates that the National Programme for Women’s Development 2011–20, included the goal to narrow the gender pay gap and envisaged measures directed, among others, at comprehensively implementing equal remuneration for men and women workers for work of equal value, and establishing scientific, reasonable, and sound wage distribution system. However, the Government does not provide information on the specific measures adopted and the outcomes achieved. The Committee notes that the National Programme for Women’s Development 2021–2030 has maintained the main objectives of guaranteeing equal remuneration for women and narrowing the gender pay gap, which were included also in the previous phase. It envisages the adoption of strategic measures aimed at: (1) “narrowing the income gap between men and women; (2) comprehensively implementing equal remuneration for men and women workers for work of equal value to guarantee fair income; (3) promoting women’s access to and practice of the essential factors of production such as knowledge, technology, management and data; (4) improving women’s occupational competitiveness; (5) urging employers to formulate and implement equal human resource system for men and women; and (6) smoothing channels of professional development and promotion for women”. The overall responsibility for monitoring and evaluating the implementation of the Programme has been conferred to the Working Committee for Women and Children of the State Council. In addition, the Government informs that the 14th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035, issued in 2021, proposes “to promote equality between men and women and the comprehensive development of women, and to guarantee women’s equal enjoyment of economic rights, eliminate gender discrimination in employment.” The Committee notes, from the concluding observations of the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR) that gender disparities persist, especially in relation to employment, the gender wage gap, and access to education and land tenure (E/C.12/CHN/CO/3, 3 March 2023, paragraph 43). It also notes from the Government’s report to the CESCR that old concepts and stereotypes of gender inequality still exist (E/C.12/CHN/3, 5 August 2020, paragraph 52). The Committee recalls that (1) an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women and (2) the collection of appropriate statistics is needed in order to undertake an assessment of the nature and extent of the pay gap (see 2012 General Survey on the fundamental Conventions, paragraph 888). It wishes to emphasize that statistical information is key to monitor and assess the progress made under the various programmes adopted with the aim of narrowing the gender pay gap. The Committee thus again requests the Government to take steps to collect and analyse data on the distribution of men and women in the various sectors of the economy and occupations, their levels of responsibility and corresponding levels of earnings, and to provide such data as soon as they become available. It also requests the Government to provide information on: (i) the specific measures adopted under NationalProgram for the Development of Chinese Women 2021-2030 and the 14th Five-Year Plan for National Economic and Social Development and Long-Range Objectives for 2035 to promote equal remuneration for men and women for work of equal value and the results achieved in reducing the gender pay gap; and (ii) any relevant surveys or studies regarding the application of the principle of the Convention, including information onthe outcome of the research undertaken by the China Enterprise Confederation.

Article 1(a). Application of the principle to all elements of remuneration. The Committee reiterates its request for information on the measures taken or envisaged to ensure that the principle of the Convention is being applied not only to the basic wage but also to any additional allowances, bonuses or subsidies paid directly or indirectly by the employer to the worker, and to ensure that no sex-based discrimination exists in the payment of such additional emoluments.

Articles 2(c) and 4. Collective bargaining and cooperation with workers’ and employers’ organizations. The Government informs that in May 2022 the National Tripartite Mechanism for Coordinating Labour Relations issued the Circular on Launching the Demonstration Activities of Establishing Harmonious Labour Relations in China. The Circular considers guaranteeing employees’ remuneration rights as an important component of harmonious labour relations. Furthermore, the Committee notes that, in its report to the UN Committee on the Elimination of Discrimination against Women, the Government refers to some action taken to facilitate equal opportunities of training and promotion and equal pay and benefits in collective bargaining and collective contracts or the signing of special collective contracts for the protection of the rights and interests of female employees (CEDAW/C/CHN/9, 16 December 2020, paragraph 88). It also indicates that in 2019 the All-China Federation of Trade Unions issued the Guidance Manual on Promoting Gender Equality in the Workplace, which, among other things, provides an analysis and review of real-life cases on equal pay and benefits (ibid.). The Committee requests the Government to indicate how, in practice, the Circular on Launching the Demonstration Activities of Establishing Harmonious Labour Relations promotes the application of the principle of equal remuneration for men and women for work of equal value in collective agreements and to provide information on any such agreement adopted that incorporates the principle of the Convention. The Committee also requests the Government to provide information on the findings included in the Guidance Manual on Promoting Gender Equality in the Workplace and the application of the recommendations put forward therein, in cooperation with the social partners, in so far as the application of the Convention is concerned.

Enforcement and practical application. The Government indicates that, following the 2018 amendment of the “Provisions on Cause of Action for Civil Cases” by the Supreme People’s Court, cases involving labour discrimination, including violations of the principle of the Convention, can be filed before civil courts. Moreover, in February 2019, the Ministry of Human Resources and Social Security, Ministry of Education, Ministry of Justice, National Health Commission, the State-owned Assets Supervision and Administration Commission of the State Council (SASAC), Medical Insurance Bureau, Supreme People’s Court, All-China Federation of Trade Unions and All-China Women’s Federation jointly released the Circular on Further Standardizing Recruitment Practices to Promote the Employment of Women, which provides for the creation of a mechanism to receive complaints about gender discrimination and address them through mediation and dialogue between the concerned parties. In addition, the Government informs that, in January 2020, the All-China Women’s Federation and the Supreme People’s Court jointly issued the Circular on Establishing a Cooperative Mechanism for Jointly Promoting the Protection of the Rights and Interests of Women and Children, which stipulates, among other things, that if government offices and institutions are suspected of being involved in gender discrimination in employment in recruitment the competent bodies can file “public welfare litigation”. Noting the information above, the Committee requests the Government to provide information on any complaint filed involving the application of the principle of the Convention and its outcome, including sanctions imposed and remedies granted. It also reiterates its request for information on: (i) the results of nationwide inspections on wage payments, labour and employment; (ii) the measures taken to ensure that the grid and network management of national labour security supervision provides the labour inspectorate with the capacity to detect and address violations relating to the principle of equal remuneration for men and women for work of equal “value”, and results achieved; (iii) the number and nature of the complaints received by the All-China Women’s Federation, as well as the results of the legal aid provided to these cases; and (iv) any measures taken to collect and analyse information regarding cases involving violations of the principle of the Convention.